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Visoso v. Cargill Meat Solutions

Supreme Court of Nebraska

February 14, 2014

Odilon Visoso, also known as Adam Rodriguez, appellant,
v.
Cargill Meat Solutions, appellee.

Page 598

Appeal from the Workers' Compensation Court: DANIEL R. FRIDRICH, Judge. Reversed and remanded.

Ryan C. Holsten and Leslie S. Stryker, Senior Certified Law Student, of Atwood, Holsten, Brown & Deaver Law Firm, P.C., L.L.O., for appellant.

Caroline M. Westerhold and Jenny L. Panko, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, and Miller-Lerman, JJ.

Syllabus by the Court

1. Workers' Compensation: Appeal and Error. A judgment, order, or award of the Workers' Compensation Court may be modified, reversed, or set aside only upon the grounds that (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or award was procured by fraud; (3) there is not sufficient competent evidence in the record to warrant the making of the order, judgment, or award; or (4) the findings of fact by the compensation court do not support the order or award.

2. Workers' Compensation: Evidence: Appeal and Error. In testing the sufficiency of the evidence to support the findings of fact, the evidence must be considered in the light most favorable to the successful party, every controverted fact must be resolved in favor of the successful party, and the successful party will have the benefit of every inference that is reasonably deducible from the evidence.

Heavican, C.J.

INTRODUCTION

In a prior appeal, Odilon Visoso appealed the decision of the Nebraska Workers' Compensation Court's finding that he had failed to meet his burden of proving loss of earning capacity in his new community in Mexico and declining his claim for permanent impairment. We remanded the cause to permit Visoso to establish loss of earning capacity using the Schuyler, Nebraska, community where the injury occurred. On remand, the compensation court reviewed the previously [287 Neb. 440] submitted earning capacity reports and found Visoso suffered a 45-percent loss of earning capacity. Visoso appeals. We reverse, and remand.

BACKGROUND

Visoso, also known as Adam Rodriguez, began working for Cargill Meat Solutions (Cargill) in Schuyler in March 2006. On May 9, Visoso was injured when a quarter slab of beef fell from a conveyor belt hook onto Visoso's head. Visoso's initial medical treatment included physical therapy, chiropractic services, pain medication, and steroid injections. Visoso eventually required surgery on his neck in October 2007, but continued to experience pain. After a trial in 2008, Visoso was awarded temporary total disability benefits. The

Page 599

Nebraska Court of Appeals affirmed ...


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