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Green v. Drivers Management2/15/2002
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a decision from the compensation court only 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 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. ___: ___. Upon appellate review, the findings of fact made by the trial judge of the compensation court have the effect of a jury verdict and will not be disturbed unless clearly wrong.
3. ___: ___. An appellate court is obligated in workers' compensation cases to make its own determinations as to questions of law.
4. Workers' Compensation. Impairments to the body as a whole are compensated in terms of loss of earning power or capacity.
5. Workers' Compensation: Proof. While the claimant has the burden to prove by a preponderance of the evidence that his or her employment proximately caused the injury which resulted in a compensable disability, the issue of causation of injury or disability is one for determination of the trier of fact.
6. Workers' Compensation. The issue of whether the claimant has sustained a permanent impairment, and the extent of impairment, are questions of fact.
7. 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.
8. 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.
9. Workers' Compensation: Words and Phrases. The term "impairment" is a medical assessment, while the term "disability" is a legal issue.
10. Workers' Compensation. Permanent medical impairment is related directly to the health status of the individual, whereas disability can be determined only within the context of the personal, social, or occupational demands or statutory or regulatory requirements that the individual is unable to meet as a result of the impairment.
11. Workers' Compensation: Appeal and Error. Determination as to whether an injured employee is able to perform the work for which that employee was previously trained is a question of fact to be determined by the compensation court, and that determination will not be disturbed by an appellate court unless the finding is clearly erroneous.
12. Workers' Compensation. Without a finding of permanent medical impairment, there can be no permanent restrictions. Without impairment or restrictions, there can be no disability or labor market access loss. Absent permanent impairment or restrictions, the worker is fully able to return to any employment for which he or she was fitted before the accident, including occupations held before the injuries occurred.
13. Statutes: Presumptions: Legislature: Intent: Appeal and Error. In construing a statute, appellate courts are guided by the presumption that the Legislature intended a sensible rather than absurd result in enacting the statute.
14. Workers' Compensation: Statutes. To hold that a worker can receive vocational rehabilitation benefits absent a finding that the worker is permanently impaired does not amount to a sensible reading of Neb. Rev. Stat. ยง 48-162.01 (Reissue 1998).
15. Workers' Compensation: Jurisdiction. The Nebraska Workers' Co
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