Zavala v. ConAgra Beef Co

In Zavala v. ConAgra Beef Co., 265 Neb. 188, 655 N.W.2d 692 (2003), the Nebraska Supreme Court held that when a worker sustains a scheduled member injury and a whole body injury in the same accident, it is permissible for the court to consider the impact of both injuries in assessing the loss of earning capacity if the scheduled member injury adversely affects the worker such that the loss of earning capacity cannot be fairly and accurately assessed without such consideration. In the Zavala case, there was a medical opinion that Zavala had a 7-percent whole body impairment, which was the result of a 5-percent impairment to the cervical spine and a 2-percent impairment to the right upper extremity. Thus, there was expert medical evidence to establish that Zavala sustained a whole body injury and a scheduled member injury in the same accident.