(Download) "State v. Louthan" by Nebraska Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Louthan
- Author : Nebraska Supreme Court
- Release Date : January 25, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
On December 1, 1966, the plaintiff, in the course of his employment at the New Hampshire Youth Development Center, suffered a severe alkali burn in his right eye. He promptly notified his employer and subsequently received workmens compensation benefits consisting of payments for medical expenses and for lost wages. A gradual deterioration of vision followed until November 4, 1975, when a doctor concluded that the plaintiff had suffered a total and permanent loss of sight in his right eye. On April 1, 1976, the workmens compensation review commission held that the plaintiff was entitled to a scheduled permanent impairment award for total loss of vision of one eye. RSA 281:26 (Supp. 1975). Such award was computed using the plaintiffs average weekly wage of December 1, 1966--the date of the injury. Believing that the review commission should have used his average weekly wage as of November 4, 1975--the date upon which it was established that he had lost the vision in his eye--the plaintiff petitioned the labor commissioner. The commissioner, however, sustained the decision of the review commission. The plaintiffs appeal to the superior court was reserved and transferred to this court by Flynn, J. RSA 491:17.