Fenster v. Clark Brothers Sanitation

The plaintiff appeals from an award of the Workers’ Compensation Court finding that he suffered a compensable schedule injury, i.e., a 20-percent permanent partial disability to his right arm, see Neb. Rev. Stat. § 48-121(3) (Reissue 1988), rather than an injury to his body as a whole, see § 48-121(2), which would entitle him to an award based on his loss of earning power. The defendants, Clark Brothers Sanitation and Alliance Insurance Company, cross-appeal the compensation court’s finding that the statute of limitations did not bar plaintiff’s claim. We reverse and remand for further…