 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Watson v. Omaha Public Power District1/30/2001
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a decision of the Workers' 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 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. ____: ____. In determining whether to affirm, modify, reverse, or set aside a judgment of the Workers' Compensation Court review panel, a higher appellate court reviews the findings of the single judge who conducted the original hearing.
3. Workers' Compensation: Evidence: Appeal and Error. If the record contains evidence to substantiate the factual conclusions reached by the trial judge in workers' compensation cases, an appellate court is precluded from substituting its view of the facts for that of the compensation court.
4. Workers' Compensation: Appeal and Error. Regarding questions of law, an appellate court in workers' compensation cases is obligated to make its own determinations.
5. Workers' Compensation: Time. Where an occupational disease results from the continual absorption of small quantities of some deleterious substance from the environment of the employment over a considerable period of time, an afflicted employee can be held to be injured only when the accumulated effects of the substance manifest themselves.
6. Workers' Compensation: Words and Phrases. The date of injury, within the meaning of the Nebraska Workers' Compensation Act, is the date when the disability is first incurred.
7. Workers' Compensation. An employee is entitled to benefits when an occupational disease forces him or her to cease a type of employment even though the employee is able to perform other types of employment.
8. ____. In the context of occupational disease cases, the standard remains that the date of injury is the date on which the effects of the occupational disease manifest themselves in disability, which occurs when the employee's diagnosed condition progresses to the point where his or her employment or type of employment ceases.
Appeal from the Nebraska Workers' Compensation Court. Affirmed as modified.
I. INTRODUCTION
Omaha Public Power District (OPPD) appeals from an order entered by a review panel of the Nebraska Workers' Compensation Court affirming an award of a trial judge of the compensation court granting compensation for injury caused to Dale Watson by an occupational disease. Because we find that the compensation court erred in establishing the date of injury, we modify the award and affirm as modified.
II. BACKGROUND
Watson was employed by OPPD from 1979 through December 19, 1996. While at OPPD, he was exposed to asbestos dust through his position in central maintenance. Although he experienced a lack of energy and shortness of breath as early as 1992, he was unaware that it was related to asbestos exposure. Watson attempted to alleviate the problem by transferring to an OPPD plant which required less physical labor, but he did not cease his employment with OPPD. On December 19, 1996, Watson's employment with OPPD was terminated for disciplinary reasons. It is undisputed that the termination was unrelated to the prior asbestos exposure.
On June 16, 1997, Watson began working for Campbell's Soup Company (Campbell's), and his breathing problems continued. In October 1997, Watson was first diagnosed with pulmonary asbestosis by Dr. Jorge Alvarez.
Page 1 2 3 4 5 6 Nebraska Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|