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Haro v. Beef America2/13/2001
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: Expert Witnesses. While expert witness testimony may be necessary to establish the cause of a claimed injury, the compensation court does not need to depend on expert testimony to determine the degree of disability but instead may rely on the testimony of the claimant.
6. Workers' Compensation: Wages. Neb. Rev. Stat. ยง 48-121(2) (Reissue 1998) provides that for permanent partial disability, an employee is entitled to compensation at the rate of 66 percent of the difference between the wages received at the time of the injury and the earning power of the employee thereafter.
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
I. INTRODUCTION
Beef America appeals from an order entered by a review panel of the Nebraska Workers' Compensation Court affirming an award of a single judge of the court granting compensation for injury caused to Jose Haro by a work-related accident. Beef America challenges the court's findings regarding temporary total disability and loss of earning capacity. Because we find sufficient evidence in the record to support the court's findings, we affirm.
II. BACKGROUND
On December 22, 1998, Haro filed a petition in the Nebraska Workers' Compensation Court alleging that he sustained a compensable injury in approximately December 1995. Specifically, Haro alleged injuries to his neck, back, and arms from lifting activities in the course of his employment with Beef America. Haro prayed for temporary disability benefits, permanent disability benefits, payment of medical expenses, vocational rehabilitation, waiting time penalties, attorney fees, and interest.
The record indicates that Haro sought medical treatment on November 22, 1995. The record further indicates that Haro's last date of employment with Beef America was November 24. An MRI was performed on Haro on November 29.
The record does not contain any medical documentation concerning Haro or his injury between December 1995 and December 4, 1996, when Haro was seen by Dr. James Froggatt. Dr. Froggatt reviewed the MRI results from November 1995 and recommended a surgical procedure. Dr. Froggatt performed a diskectomy and fusion operation on December 10, 1996.
Dr. Froggatt's records indicate his opinion that Haro's "cervical injury is aggravated by his work and activities at Beef America on or about November 17, 1995." Dr. Froggatt assigned Haro a 7-percent body as a
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