Picard v. P & C Group 1

Summary

The Nebraska Supreme Court addressed successive workplace injuries sustained by Halina Picard and considered whether workers’ compensation benefits could be apportioned outside Nebraska’s Second Injury Fund statute. The court held that, absent an applicable apportionment statute, the full-responsibility rule applies, but concluded that a reasonable controversy existed concerning the 2015 injury, precluding penalties, attorney fees, and interest. The judgment of the Court of Appeals was affirmed in part and reversed and remanded in part.

Holdings

1. An appellee may properly perfect a cross-appeal on further review by complying with the Nebraska Supreme Court’s appellate rules; filing a separate cross-petition for further review is not required.
2. A reasonable controversy existed regarding the compensability of Picard’s 2015 injury, so the award of penalties, attorney fees, and interest under § 48-125 was properly reversed and vacated.
3. Unless otherwise provided by statute, Nebraska applies the full-responsibility rule and generally does not apportion recovery for two or more successive work-related injuries. Because Picard’s injuries occurred after December 1, 1997, apportionment was inapplicable.
4. Picard was not entitled to permanent partial disability benefits for the 2015 injury because that injury caused no additional loss of earning power or employability when considered in light of the disability from the 2012 injury.

Questions Presented

1. Whether Picard’s cross-appeal concerning penalties, attorney fees, and interest was properly perfected and within the Nebraska Supreme Court’s jurisdiction.
2. Whether Nebraska law permits apportionment of workers’ compensation awards for successive work-related injuries outside the statutory Second Injury Fund provisions.
3. Whether Picard’s loss of earning power from the 2015 back injury could be assessed independently of the disability caused by her 2012 hand injuries.
4. Whether Picard was entitled to permanent partial disability benefits for the 2015 injury when that injury caused no additional loss of earning power or employability.

Disposition

reversed_and_remanded