apportionment instruction (Nebraska) · Go Syfert
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apportionment instruction in Nebraska

9 Nebraska opinions name it 2 courts 1981–2026 2 in the last five years

The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Risor v. Nebraska Boilergreen
neb · 2008 · cited in 1 Nebraska opinions naming this issue, 2019–2019
2 sentences

2019Although our court made that statement in relation to explain- ing why injuries to separate body parts do not invoke the doctrine of apportionment, it equally applies to Appellants’ argument here. [7] As the Nebraska Supreme Court noted in Risor v. Nebraska Boiler, 274 Neb. 906, 912 , 744 N.W.2d 693, 698 (2008), “The principal purpose of the [Nebraska Workers’ Compensation] Act is to provide an injured worker with prompt relief from the adverse economic effects caused by a work- related injury or occupational disease.” Section 48-121 pro- vides that “[t]he following schedule of compensation is

2019Although our court made that statement in relation to explain- ing why injuries to separate body parts do not invoke the doctrine of apportionment, it equally applies to Appellants’ argument here. [7] As the Nebraska Supreme Court noted in Risor v. Nebraska Boiler, 274 Neb. 906, 912 , 744 N.W.2d 693, 698 (2008), “The principal purpose of the [Nebraska Workers’ Compensation] Act is to provide an injured worker with prompt relief from the adverse economic effects caused by a work- related injury or occupational disease.” Section 48-121 pro- vides that “[t]he following schedule of compensation is

11
Golnick v. Callendergreen
neb · 2015 · cited in 1 Nebraska opinions naming this issue, 2019–2019
1 sentence

2019See Golnick v. Callender, 290 Neb. 395 , 860 N.W.2d 180 (2015).

11
cluster 256828green
cadc · 1962 · cited in 1 Nebraska opinions naming this issue, 1981–1981
1 sentence

1981See, United Painters & Decorators v. Britton, 301 F.2d 560 (D.C.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Gustafson v. Burlington Northern Railroad neutral
neb · 1997
2 sentences

2007Co., 252 Neb. 226 , 561 N.W.2d 212 (1997),] is probably the most applicable apportionment instruction appropriate where there is evidence of a preexisting condition, but if the degree to which the condition may have been aggravated could not be determined, an apportionment *828 instruction in the absence of proof of aggravation.

2007Co., 252 Neb. 226 , 561 N.W.2d 212 (1997),] is probably the most applicable apportionment instruction appropriate where there is evidence of a preexisting condition, but if the degree to which the condition may have been aggravated could not be determined, an apportionment *828 instruction in the absence of proof of aggravation.

32007–2026
McLaughlin v. BNSF Railway Co. green
coloctapp · 2012
2 sentences

2026Co., 300 P.3d 925 (Colo. App. 2012). 58 Sauer v. Burlington Northern R.

2026Co., 300 P.3d 925 (Colo. App. 2012). 58 Sauer v. Burlington Northern R.

22026–2026
Kirchner v. Wilson green
neb · 1996
2 sentences

2019In Kirchner v. Wilson, 251 Neb. 56 , 554 N.W.2d 782 (1996), the Supreme Court found the apportionment instruction was warranted by the evidence because there was evidence that a - 931 - Nebraska Court of Appeals Advance Sheets 27 Nebraska Appellate Reports KELLY v. CUTCH, INC.

2019In Kirchner v. Wilson, 251 Neb. 56 , 554 N.W.2d 782 (1996), the Supreme Court found the apportionment instruction was warranted by the evidence because there was evidence that a - 931 - Nebraska Court of Appeals Advance Sheets 27 Nebraska Appellate Reports KELLY v. CUTCH, INC.

21997–2019
Picard v. P & C Group 1 green
nebctapp · 2019
1 sentence

2019We believe the better reasoned interpretation of § 48-121(2) requires that the court review Picard’s lost earning - 669 - Nebraska Court of A ppeals A dvance Sheets 27 Nebraska A ppellate R eports PICARD v. P & C GROUP 1 Cite as 27 Neb.

12019–2019
Kelly v. Cutch, Inc. green
nebctapp · 2019
1 sentence

2019Cite as 27 Neb.

12019–2019
Ketteler v. Daniel green
neb · 1996
2 sentences

2015In short, the Defendant takes the Plaintiff as he finds her.’”26 The jury returned a verdict for 25 Id. at 296 , 556 N.W.2d at 629 . 26 Id.

2015In short, the Defendant takes the Plaintiff as he finds her.’”26 The jury returned a verdict for 25 Id. at 296 , 556 N.W.2d at 629 . 26 Id.

12015–2015
Herrera v. American Standard Insurance green
neb · 1979
2 sentences

1990Co., 203 Neb. 477 , 279 N.W.2d 140 (1979), and requested special verdict forms and that because their motions were improperly overruled, the cases should be remanded for an apportionment hearing to determine the portion of the damages award which they, as garnishees, should be required to pay under the insurance policies.

1990Co., 203 Neb. 477 , 279 N.W.2d 140 (1979), and requested special verdict forms and that because their motions were improperly overruled, the cases should be remanded for an apportionment hearing to determine the portion of the damages award which they, as garnishees, should be required to pay under the insurance policies.

11990–1990

Statutes the citing opinions construe

USC § 45u.s.c.51 (3) USC § 45u.s.c.53 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 33 (1940–2026) NY 28 (1916–2017) CA 26 (1951–2024) CT 23 (1985–2011) KY 23 (1988–2026) PA 21 (1844–2017) IL 16 (1967–2013) AZ 11 (1969–2025) TX 11 (1941–2022) MI 11 (1929–2018) SC 11 (1941–2022) WA 10 (1999–2021) IA 9 (1991–2023) NJ 9 (1964–2018) NE 9 (1981–2026) ME 8 (1978–2016) MS 8 (1992–2020) MD 7 (1914–2013) UT 7 (2004–2025) GA 7 (1988–2020) MN 7 (1933–2018) AL 6 (1938–2010) IN 5 (1932–2009) OR 5 (1963–2017) MT 4 (1920–2003) MO 4 (1986–2005) WV 4 (1981–2024) KS 4 (1991–2010) OK 3 (1962–2021) SD 3 (1996–2010) MA 3 (1997–2013) OH 3 (2014–2019) AR 3 (1980–2021) AK 3 (1998–2022) DE 3 (1953–2018) WI 3 (1960–1970) CO 3 (1959–2025) LA 2 (1987–2004) WY 2 (1989–2001) VA 2 (1995–2019) DC 2 (1994–1998) NC 2 (1969–2006) NV 2 (1985–1985) NH 2 (1986–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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