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Nebraska high court affirms impairment ruling in favor of employer

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Nebraska high court affirms impairment ruling in favor of employer

The Supreme Court of Nebraska on Friday affirmed a ruling that denied a man’s claim of whole-body impairment and both out-of-pocket and future medical costs following a shoulder injury that left him 12% impaired per an orthopedic surgeon’s assessment.

John J. Bower was working for Eaton Corp. as a relief operator when he injured his right shoulder in 2013 and underwent four surgeries, reaching maximum medical improvement by mid-2016, according to documents in John J. Bower v. Eaton Corp. and Old Republic Insurance Co., filed in state Supreme Court in Lincoln, Nebraska.

Mr. Bower appealed an award of the Nebraska Workers’ Compensation Court that concerned a number of issues, including his impairment rating, whether an injured extremity caused a whole body impairment, the sufficiency of the evidence to prove out-of-pocket medical expenses and future medical expenses, the necessity of vocational rehabilitation, and the amount of attorney fees, according to documents.

Regarding the claims of whole-body impairment, the lower court “reasoned that the medical evidence showed Bower’s residual limitation and impairment were to his right upper extremity, and the court was ‘not persuaded that (Bower’s) impairment to his right upper extremity has in some manner manifested itself as a . . . whole (body) impairment.” Per expenses, details on out-of-pocket expenses was “woefully short” of what was requested by the court, according to the ruling. The lower court also relied on a doctor’s testimony that no future treatment of the work-related injury would be necessary, the ruling states.

The state Supreme Court also ruled that the $7,500 to cover attorney fees was sufficient and that Ms. Bower’s award of vocational rehabilitation services is in line with state laws.

Officials with Eaton Corp. could not be reached immediately for comment.

 

 

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