Paulsen v. City of Lincoln
Paulsen v. City of Lincoln
Opinion of the Court
A motion for rehearing has been argued and sub
The compensation award for total disability is 66% percent of the wages received at the time of the injury for the first 300 weeks, and thereafter for the remainder of the life of the employee 45 percent of the wages, subject however, to the máximums and minimums stated in the law.
The claimant for compensation for a two-member injury resulting in temporary total loss of the use of the members followed by permanent partial loss of them is entitled to recover such proportion of the compensation allowed for total disability by the statute, and specifically by the provisions thereof quoted in the opinion, as the extent of his, loss would bear to the total loss of the members. This means that the compensation for a two-member permanent partial disability is determined by applying the percentage of disability to the wage rate and then taking 66% percent of that figure for the first 300 weeks, or the remaining part thereof if it has been preceded by temporary total disability, and 45 percent of that figure for the remainder of the life of the employee, subject to the condition that the maximum and minimum provisions of the act must be observed. This is what the opinion in this case says. This is the interpretation that has been given to, and the application that has been made of, subdivisions (1) and (3) of sec
It follows therefore that the recovery of appellee for the permanent partial disability resulting from the injury of both his hands should be 66% percent of 40 percent of his weekly wage of $46.73 or $12.46 a week for 230 weeks, the balance of the first 300 weeks after the accident, and 45 percent of 40 percent of his weekly wage or $8.41 a week for the remainder of his life. This interpretation and application was respected and followed by the compensation court on the rehearing of the case and by the judgment of affirmance of the award by the district court.
The correct rule for computing the compensation for permanent partial disability occasioned by a two-member injury is stated in Johnson v. David Cole Creamery Co., 109 Neb. 707, 192 N. W. 127, but it was obviously departed from and violated in the computation and award made in the last paragraph of the opinion. Both arms of the employee seeking recovery in that case were injured. The resulting disability was 30 percent. The weekly wage was $37.50. The award as computed by this court was 30 percent of $15 or $4.50 a week for 271 weeks, the balance of the 300-week period, and 30 percent of $12 or $3.60 a week thereafter. It should have been two-thirds of 30 percent of the weekly wage or $7.50 a week for the first period and 45 percent of 30 percent of the wage or $5.06 a week for the balance of the life of the employee. That case is disapproved to the extent it departs from the interpretation given to the statute in the opinion and this supplemental opinion in this case.
Motion for rehearing denied.
Reference
- Full Case Name
- Lee (Bill) Paulsen v. City of Lincoln, Nebraska
- Cited By
- 3 cases
- Status
- Published