odd-lot doctrine (Nebraska) · Go Syfert
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odd-lot doctrine in Nebraska

8 Nebraska opinions name it 2 courts 1990–2021 1 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 (6)

CaseFollowedCited
Schlup v. Auburn Needleworks, Inc.green
neb · 1992 · cited in 4 Nebraska opinions naming this issue, 1997–2015
2 sentences

2004In Schlup , the Nebraska Supreme Court noted that “ ‘[u]nder the odd-lot doctrine, which is accepted in virtually every jurisdiction, total disability may be found in the case of workers who, while not altogether incapacitated for work, are so handicapped that they will not be employed regularly in any well-known branch of the labor market.”’ 239 Neb. at 865 , 479 N.W.2d at 448 (quoting 2 Arthur Larson, The Law of Workmen’s Compensation § 57.51(a) (1989)).

2004In Schlup , the Nebraska Supreme Court noted that “ ‘[u]nder the odd-lot doctrine, which is accepted in virtually every jurisdiction, total disability may be found in the case of workers who, while not altogether incapacitated for work, are so handicapped that they will not be employed regularly in any well-known branch of the labor market.”’ 239 Neb. at 865 , 479 N.W.2d at 448 (quoting 2 Arthur Larson, The Law of Workmen’s Compensation § 57.51(a) (1989)).

14
Odom Construction Company, Inc. v. United States Department Of Laborgreen
ca5 · 1980 · cited in 1 Nebraska opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Odom Const. Co. v. U.S. Dept. of Labor, 622 F.2d 110 (5th Cir.1980), cert. denied 450 U.S. 966 , 101 S.Ct. 1482 , 67 L.Ed.2d 614 (1981) (54-year-old worker with a fourth grade education, no formal technical training, and a work history of jobs requiring heavy arm work was found to be totally and permanently disabled when an accident injured his dominant arm, weakened his grasp, and made it impossible for him to perform jobs he had performed previously).

1992See, e.g., Odom Const. Co. v. U. S. Dept. of Labor, 622 F.2d 110 (5th Cir. 1980), cert. denied 450 U.S. 966 , 101 S. Ct. 1482 , 67 L.

11
Armored Transport, Inc. v. United Statesgreen
scotus · 1981 · cited in 1 Nebraska opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Odom Const. Co. v. U.S. Dept. of Labor, 622 F.2d 110 (5th Cir.1980), cert. denied 450 U.S. 966 , 101 S.Ct. 1482 , 67 L.Ed.2d 614 (1981) (54-year-old worker with a fourth grade education, no formal technical training, and a work history of jobs requiring heavy arm work was found to be totally and permanently disabled when an accident injured his dominant arm, weakened his grasp, and made it impossible for him to perform jobs he had performed previously).

1992See, e.g., Odom Const. Co. v. U. S. Dept. of Labor, 622 F.2d 110 (5th Cir. 1980), cert. denied 450 U.S. 966 , 101 S. Ct. 1482 , 67 L.

11
Green v. Ackermangreen
scotus · 1981 · cited in 1 Nebraska opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Odom Const. Co. v. U.S. Dept. of Labor, 622 F.2d 110 (5th Cir.1980), cert. denied 450 U.S. 966 , 101 S.Ct. 1482 , 67 L.Ed.2d 614 (1981) (54-year-old worker with a fourth grade education, no formal technical training, and a work history of jobs requiring heavy arm work was found to be totally and permanently disabled when an accident injured his dominant arm, weakened his grasp, and made it impossible for him to perform jobs he had performed previously).

1992See, e.g., Odom Const. Co. v. U. S. Dept. of Labor, 622 F.2d 110 (5th Cir. 1980), cert. denied 450 U.S. 966 , 101 S. Ct. 1482 , 67 L.

11
Emch v. United Statesgreen
scotus · 1981 · cited in 1 Nebraska opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., Odom Const. Co. v. U.S. Dept. of Labor, 622 F.2d 110 (5th Cir.1980), cert. denied 450 U.S. 966 , 101 S.Ct. 1482 , 67 L.Ed.2d 614 (1981) (54-year-old worker with a fourth grade education, no formal technical training, and a work history of jobs requiring heavy arm work was found to be totally and permanently disabled when an accident injured his dominant arm, weakened his grasp, and made it impossible for him to perform jobs he had performed previously).

1992See, e.g., Odom Const. Co. v. U. S. Dept. of Labor, 622 F.2d 110 (5th Cir. 1980), cert. denied 450 U.S. 966 , 101 S. Ct. 1482 , 67 L.

11
Guerrero v. Ticogreen
lactapp · 1983 · cited in 1 Nebraska opinions naming this issue, 1990–1990
1 sentence

1990See, e.g., Guerrero v. Tico, 436 So.2d 1237 (La.App.1983) (finding that the plaintiff's pain, in combination with her lack of work experience, language skills, and job training, rendered her totally and permanently disabled); Pacheco v. State Accident Insurance Fund, 34 Or.App. 979 , 580 P.2d 208 (1978) (increasing the percentage of the claimant's disability in view of his age and more particularly his total lack of education and inability to speak English); Germain v. Cool-Rite Corp., 70 N.J. 1 , 355 A.2d 642 (1976) (holding that a worker's unfamiliarity with English and his psychiatric condi

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 (5)

CaseCitedYears
Broderson v. Federal Chemical Co. green
neb · 1977
1 sentence

2021Id. -5- Despite this, McNutt argues that he should have been found to be totally disabled under the odd-lot doctrine.

12021–2021
Mata v. Western Valley Packing green
neb · 1990
2 sentences

2019Mata v. Western Valley Packing, 236 Neb. 584 , 462 N.W.2d 869 (1990).

2019Mata v. Western Valley Packing, 236 Neb. 584 , 462 N.W.2d 869 (1990).

12019–2019
Gardner v. International Paper Destr. & Recycl. green
neb · 2015
1 sentence

2015Cite as 291 Neb. 415 in virtually every jurisdiction, total disability may be found in the case of workers who, while not altogether incapacitated for work, are so handicapped that they will not be employed regularly in any well-known branch of the labor market.’ 2 A. Larson, The Law of Workmen’s Compensation § 57.51(a) at 10-164.68 (1989).” Schlup v. Auburn Needleworks, 239 Neb. at 865 , 479 N.W.2d at 448 .

12015–2015
Germain v. Cool-Rite Corp. green
nj · 1976
2 sentences

1990App. 979 , 580 P.2d 208 (1978) (increasing the percentage of the claimant’s disability in view of his age and more particularly his total lack of education and inability to speak English); Germain v. Cool-Rite Corp., 70 N.J. 1 , 355 A.2d 642 (1976) (holding that a worker’s unfamiliarity with English and his psychiatric condition established a prima facie case of permanent disability under the odd-lot doctrine).

1990App. 979 , 580 P.2d 208 (1978) (increasing the percentage of the claimant’s disability in view of his age and more particularly his total lack of education and inability to speak English); Germain v. Cool-Rite Corp., 70 N.J. 1 , 355 A.2d 642 (1976) (holding that a worker’s unfamiliarity with English and his psychiatric condition established a prima facie case of permanent disability under the odd-lot doctrine).

11990–1990
Pacheco v. State Accident Insurance Fund neutral
orctapp · 1978
2 sentences

1990See, e.g., Guerrero v. Tico, 436 So.2d 1237 (La.App.1983) (finding that the plaintiff's pain, in combination with her lack of work experience, language skills, and job training, rendered her totally and permanently disabled); Pacheco v. State Accident Insurance Fund, 34 Or.App. 979 , 580 P.2d 208 (1978) (increasing the percentage of the claimant's disability in view of his age and more particularly his total lack of education and inability to speak English); Germain v. Cool-Rite Corp., 70 N.J. 1 , 355 A.2d 642 (1976) (holding that a worker's unfamiliarity with English and his psychiatric condi

1990App. 979 , 580 P.2d 208 (1978) (increasing the percentage of the claimant’s disability in view of his age and more particularly his total lack of education and inability to speak English); Germain v. Cool-Rite Corp., 70 N.J. 1 , 355 A.2d 642 (1976) (holding that a worker’s unfamiliarity with English and his psychiatric condition established a prima facie case of permanent disability under the odd-lot doctrine).

11990–1990

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 48-121 (6) NE § Neb. Rev. Stat. § 48-125 (4) NE § Neb. Rev. Stat. § 48-185 (4)

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

LA 89 (1972–2009) SD 23 (1988–2024) WY 22 (1983–2023) ID 17 (1988–2024) OR 15 (1972–2016) HI 15 (1982–2024) AR 14 (1985–2006) NJ 11 (1971–2019) IA 10 (1986–2026) WA 9 (1993–2019) UT 9 (1986–2017) NE 8 (1990–2021) WI 7 (2004–2025) NV 3 (1995–2015) AK 2 (1991–2016)

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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