Ottens v. Western Contracting Co.

• Decision Date: 03 July 1941
• Docket Number: 31065.
• Parties: OTTENS v. WESTERN CONTRACTING CO. ET AL.
• Court: Nebraska Supreme Court

299 N.W. 226

139 Neb. 78

OTTENS v. WESTERN CONTRACTING CO. ET AL.

No. 31065.

Supreme Court of Nebraska.

July 3, 1941

Appeal from District Court, Otoe County; Wilson, Judge.

On motion for rehearing.

Motion granted.

For former opinion, see 296 N.W. 431.

Thos. E. Dunbar, of Nebraska City, for appellant.

William P. Morse, of Omaha, for appellees.

Heard before SIMMONS, C. J., and ROSE, EBERLY, PAINE, CARTER, MESSMORE, and YEAGER, JJ.

YEAGER, Justice.

On motion for rehearing by appellant it has been suggested that in the opinion this court adopted an incorrect schedule, and that appellant is entitled to recover $653.54 for 61 1/4 weeks at the rate of $10.67 a week for permanent partial disability. This suggestion and contention is well taken and correct.

The former opinion of this court is modified, and the finding of this court is as follows: We find that appellant is entitled to recover from appellees on account of temporary total disability for 11 weeks and 4 days, at the rate of $10.67 a week, the sum of $123.47, which is confirmatory to that extent of the finding of the district court; and the further sum of $653.54, on account of permanent partial disability for 61 1/4 weeks at the rate of $10.67 a week. From the aggregate of these amounts there shall be deducted the sum of $83.59, the amount previously paid to appellant on account of compensation. In no other respect is the former opinion changed or modified.

The award and judgment of the district court are reversed and the cause remanded, with directions to enter award and judgment in accordance with the findings herein.

Reversed.