Espinoza v. Job Source USA, Inc.
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The Supreme Court reversed the judgment of the compensation court concluding that a claimant who sustains injuries along the same extremity sustains an injury to a single member for workers' compensation purposes, holding that the compensation court's decision was based on an incorrect interpretation of Neb. Rev. Stat. 48-121(3).
Claimant injured her right wrist and right elbow upon falling at work. Claimant filed a claim for benefits, asserting that the workers' compensation court should award her permanent disability benefits based on her loss of earning capacity. At issue was section 48-121(3), which provides for discretionary loss of earning capacity where there is a "loss or loss of use of more than one member of parts of more than one member[.]" The compensation court refused to consider an award based on the loss of earning capacity because "an injury to the wrist and the elbow of the same arm is still an injury to a single member and does not entitle an employee to a loss of earning power.” The Supreme Court reversed, holding that the compensation court erred in its interpretation of section 48-121(3).
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