Workers' Compensation: Appeal and Error.
Pursuant to Neb. Rev. Stat. § 48-185 (Cum. Supp. 2016),
an appellate court may only modify, reverse, or set aside a
Workers' Compensation Court decision when (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.
___. Determinations by a trial judge of the Workers'
Compensation Court will not be disturbed on appeal unless
they are contrary to law or depend on findings of fact which
are clearly wrong in light of the evidence.
___. Factual determinations by a workers' compensation
trial judge have the effect of a jury verdict and will not be
disturbed unless they are clearly wrong.
___. With respect to questions of law in workers'
compensation cases, an appellate court is obligated to make
its own determination.
Workers' Compensation: Evidence: Proof.
When an employee in a workers' compensation case presents
evidence of medical expenses resulting from injury, he or she
has made out a prima facie case of fairness and
reasonableness, causing the burden to shift to the employer
to adduce evidence that the expenses are not fair and
Workers' Compensation: Expert Witnesses:
Records. Outside expert testimony is not required to
establish a causal link between the work-related injury and a
worker's hospitalization where the records establish a
relationship to the work-related injury.
Neb.App. 528] 7. Workers'
Compensation. Whether medical treatment is
reasonable or necessary to treat a workers' compensation
claimant's compensable injury is a question of fact.
Workers' Compensation: Proof. The burden
rests on the employee to make out a prima facie case that the
medical treatment the employee received is a result of a
___. Once a prima facie case is established, the burden
shifts to the employer to rebut the employee's evidence.
Workers' Compensation: Words and
Phrases. Temporary disability is the period during
which the employee is submitting to treatment, is
convalescing, is suffering from the injury, and is unable to
work because of the accident.
Workers' Compensation. Total disability
exists when an injured employee is unable to earn wages in
either the same or a similar kind of work he or she was
trained or accustomed to perform or in any other kind of work
which a person of the employee's mentality and
attainments could perform.
___. Whether a plaintiff in a Nebraska workers'
compensation case is totally disabled is a question of fact.
Workers' Compensation: Evidence: Appeal and
Error. In testing the sufficiency of the evidence to
support the findings of fact in a workers' compensation
case, 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
Workers' Compensation. As the trier of
fact, the Workers' Compensation Court is the sole judge
of the credibility of witnesses and the weight to be given
Workers' Compensation: Expert Witnesses.
If the nature and effect of a claimant's injury are not
plainly apparent, then the claimant must provide expert
medical testimony showing a causal connection between the
injury and the claimed disability.
___: ___. Although an expert witness may be necessary to
establish the cause of a claimed injury, the Workers'
Compensation Court is not limited to expert testimony to
determine the degree of disability but instead may rely on
the testimony of the claimant.
___: ___. Although medical restrictions or impairment ratings
are relevant to a claimant's disability, the trial judge
is not limited to expert testimony to determine the degree of
disability but instead may rely on the testimony of the
Workers' Compensation. Under Neb. Rev.
Stat. § 48-121 (Reissue 2010), a workers'
compensation claimant may receive permanent or [25 Neb.App.
529] temporary workers' compensation benefits for either
partial or total disability.
___. Temporary disability benefits should be paid only to the
time when it becomes apparent that the employee will get no
better or no worse because of the injury.
. When an injured employee has reached maximum medical
improvement, any remaining disability is, as a matter of law,
Rules of the Supreme Court: Attorney Fees: Appeal and
Error. Neb. Ct. R. App. P. § 2-109(F) sets
forth the procedure for a successful party to request
from the Workers' Compensation Court: Julie A. Martin,
Judge. Affirmed in part, and in part reversed and remanded
for further proceedings.
D. Jones and Thomas B. Shires, of Baylor, Evnen, Curtiss,
Grimit & ...