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High Court Clarifies Availability of Apportionment, Loss of Earning Power

Tuesday, July 7, 2020 | 0

The Nebraska Supreme Court ruled that apportionment is not available for claims occurring after Dec. 1, 1997, and that a worker cannot recover independent awards for successive whole body injuries when the subsequent injury is to a separate body part but does not result in a further loss of earning power. Case: Picard v. P&C Group 1 Inc., No. S-18-207, 07/02/2020, published. Facts: Halina Picard worked for the P&C Group 1 Inc. In 2012, Dr. Jeffrey Tiedeman diagnosed her with bilateral carpal tunnel syndrome and performed surgery on her wrists. Once the doctor deemed Picard...

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