Akins v. Happy Hour, Inc.

I respectfully dissent from the majority opinion. There is no authority of which I am aware which permits the translation of a scheduled disability into a disability of the body as a whole where as here the effect of the injury is the usual and natural one expected. Broderson v. Federal Chemical Co., 199 Neb. 278, 258 N.W.2d 137 (1977); Guerin v. Insurance Co. of North America, 183 Neb. 30, 157 N.W.2d 779 (1968). Had the two injuries arisen out of the same accident, the plaintiff would have been limited in his recovery to the two scheduled disabilities. Neb. Rev. Stat. § 48-121(3) (Reissue…