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High Court Clarifies Requirements for Loss of Earning Power Awards

By Sherri Okamoto (Legal Reporter)

Tuesday, May 13, 2014 | 0

The Nebraska Supreme Court ruled that an injured worker with an undisputed permanent impairment to both his knees did not need to provide evidence of permanent physical restrictions as to each of his knees in order to avail himself of a statutory provision allowing a workers' compensation judge to issue him an award based on his lost earning capacity instead of a scheduled loss of use award. Case: Rodgers v. Nebraska State Fair, No. S-13-651, 05/09/2014, published.Facts: Charles Rodgers injured both of his knees in September 2009 while working at the Nebraska State Fair. His doct...

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