Gardner v. Int’l Paper Destruction & Recycling

Appellee suffered an accident arising out of and in the course of his employment. The Nebraska Workers’ Compensation Court awarded temporary benefits to Appellee. Nearly three years later, Employer petitioned to modify the award, alleging that Appellee had reached maximum medical improvement and had experienced a decrease in incapacity. The compensation court found that Appellee had reached maximum medical improvement. After a trial held on Employer’s petition to modify, the compensation court then filed a “Further Award,” determining that Appellee was permanently and totally disabled. The Supreme Court affirmed, holding that the compensation err did not err when it (1) admitted and relied upon reports of a psychiatrist and a neurologist when it considered Appellee’s preexisting mental and cognitive deficits in determining the extent of his disability; and (2) applied the odd-lot doctrine and found that Appellee was permanently and totally disabled. View "Gardner v. Int’l Paper Destruction & Recycling" on Justia Law