Baker's Supermarkets v. John
Baker's Supermarkets v. John
Opinion of the Court
This action was commenced in the Nebraska Workmen’s Compensation Court and originally tried before a single member of that court. The evidence showed that the employee was 53 years old at the time of trial. He had an 8th grade education and had farmed for several years. After leaving the farm, the employee went through training as a meat cutter, having gone to a specialized school in Ohio. After completing training, the employee was steadily employed in his trade and at the time he was injured had worked a total of 8 years for his present employer. On January 4, 1973, the employee was earning $5.475 an hour and with overtime was earning approximately $1,000 per month in his employment.
On January 4, 1973, the employee while carrying a hind quarter of beef, slipped on a piece of animal fat, fell backwards, striking his head on a meat cutting block. After the accident happened, the em
Dr. Crowley, professionally board certified as an otolaryngologist, examined and treated the employee in the field of his expertise. Dr. Goldner, the only witness for the employer, admittedly was not testifying in his field of expertise when he stated that he could find nothing abnormal in the ENG test that he examined. Dr. Goldner noted a chronic lumbar strain snydrome, which disability had also been detected by the treating orthopedic surgeon, Dr. Gross, who rated the disability to the back as being 15 percent to the body as a whole. Dr. Goldner could find no disability as a result of the injury to the inner ear. His findings so far as the condition of the inner ear can best be summarized by his own response to a question wherein he stated “I’m not an ENG professionalist either, I’m just a country neurologist * * Dr. Goldner stated that
This court recently held in the case of Hyatt v. Kay Windsor, Inc., 198 Neb. 580, 254 N. W. 2d 92 (1977): “Findings of fact made by the Nebraska Workmen’s Compensation Court after rehearing will not be set aside on appeal unless clearly wrong.” We believe the judgment entered on rehearing is clearly wrong. It is obvious the single judge of the Workmen’s Compensation Court correctly found the employee to be 100 percent disabled based upon the testimony of Dr. Crowley testifying in his field of expertise, and that the three judge Workmen’s Compensation Court was incorrect in finding the employee to be only 15 percent disabled to the body as a whole.
The evidence in this case compels a finding for the employee.
We, therefore, find that the employee suffered an injury arising out of, and in the course of his employment, on January 4, 1973; and that the employee has been and still is totally disabled as a result of this injury and is entitled to benefits under the Nebraska Workmen’s Compensation Act. The judgment is, therefore, reversed and the cause remanded to the Nebraska Workmen’s Compensation Court with directions to enter a judgment in accordance herewith.
Reversed and remanded.
Reference
- Full Case Name
- Baker's Supermarkets, a corporation v. Leonard John
- Status
- Published