HOW DO YOU KNOW IF AN EMPLOYEE IS EARNING THE SAME OR GREATER WAGES UNDER SECTION 85.34(2)(V) TO PRECLUDE ASSESSMENT OF INDUSTRIAL DISABILITY?

Section 85.34(2)(v) can be used to limit an employee’s permanent disability indemnity recovery for a body as a whole injury to just the amount of functional loss sustained by the injury (as opposed to assessment based on industrial disability which is typically...

NEBRASKA COURT OF APPEALS DETERMINES THAT UNRELATED INCIDENT AT HOME WAS COMPENSABLE AS AN EXACERBATION OF A PRIOR WORK INJURY

Recently, in Bunz v. A.C. Lightning Prot. Co., Inc., the Nebraska Court of Appeals addressed the difference between an aggravation and an independent intervening cause in an unpublished opinion. While the opinion is unpublished, meaning that it cannot be cited as...