Melton v. City of Holdrege
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The Supreme Court affirmed the judgment of the trial court awarding Benjamin Melton workers' compensation benefits for a loss of foot and a partial loss of legs function after his leg was amputated below the knee, holding that the court's factual findings were not clearly wrong and there was no error of law.
On appeal, Melton argued that the trial court erred in determining his loss and in deciding not to award a penalty regarding permanent loss of his foot or vocational rehabilitation. The Supreme Court affirmed, holding that the compensation court (1) did not determine Melton's loss based on use of his prosthesis; (2) did not clearly err in not awarding Melton a total loss for use of his left leg; (3) properly awarded a combined total of 193 weeks of compensation; (4) did not clearly err in failing to award a waiting-time penalty, interest, and attorney fees with respect to late payment of permanent disability benefits for the loss of Melton's foot; and (5) did not err in denying vocational rehabilitation benefits.
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