White v. Sears, Roebuck & Co

In White v. Sears, Roebuck & Co., 230 Neb. 369, 431 N.W.2d 641 (1988), the plaintiff suffered a work-related back injury in 1983. The defendant voluntarily paid the plaintiff compensation, with the last payment being made in September 1984. The plaintiff filed a petition for additional compensation in February 1987 claiming that she suffered a material change in her condition in the spring of 1986 which necessitated additional medical care and for which she had suffered increased disability. The compensation court dismissed the petition because the petition was filed more than 2 years after the final compensation payment and because the plaintiff did not allege or attempt to prove that she had sustained a material increase in disability. The petition was again dismissed on rehearing. On appeal, the Nebraska Supreme Court reversed, and remanded for further proceedings, noting that in 1984 when the plaintiff was released to work, her medical records contained no indication of a permanent disability, while at the time of the action under review, there was evidence that she had a 5- to 12-percent permanent disability to the body as a whole as a result of her 1983 injury.