Bennett v. J. C. Robinson Seed Co

In Bennett v. J. C. Robinson Seed Co., 7 Neb. App. 525, 583 N.W.2d 370 (1998), the plaintiff appealed the compensation court's dismissal of his application to modify a previous compensation award. At trial, the plaintiff offered his testimony that several physical symptoms had worsened since he was originally awarded benefits in September 1992. Additionally, the plaintiff presented as evidence medical records and office notes from physicians indicating a deterioration in his condition. The compensation court found that he had failed to demonstrate a material and substantial change in his condition because "most, if not all, of the physical complaints which [the plaintiff] testified about had been documented in medical records prior to September 1992 and [because the plaintiff] had failed to provide any numerical impairment rating." 7 Neb. App. at 529, 583 N.W.2d at 373. On appeal, the Court noted that previous Nebraska cases recognize that in order to succeed in obtaining a modification, an applicant must demonstrate a change in his or her physical condition.