Barbaglia v. General Motors Acceptance Corp – Case Brief Summary (Nebraska)

In Barbaglia v. General Motors Acceptance Corp., 190 Neb. 529, 209 N.W.2d 353 (1973), the court affirmed a workers' compensation award of a 5-percent disability rating to the body as a whole as a result of a two-member injury to the claimant's legs and an additional 25-percent permanent and partial disability rating to the body as a whole due to crushing injuries to the claimant's chest and larynx.

While the case proceeded on the claimant's argument that he should have been found totally disabled, the court nonetheless allowed stacking, in that after two scheduled leg injuries had been converted to a 5-percent permanent partial disability of the body as a whole, recovery was allowed for an additional 25-percent disability for the crushing injuries, which produced residual impairment of function of the larynx and chest.