YOUR PHONE, YOUR RIGHTS (OR ARE THEY YOUR RIGHTS?) Search of Your Phone The 4th Amendment to our US Constitution secures your citizen rights of protection of unreasonable search and seizure of your person (you) and your property (personal and real property). In 2014, the United States Supreme Court made a landmark case decision in […]


LOSS OF EARNING CAPACITY Our blog post from December 19, 2017, discussed the various types of indemnity benefits owed to injured workers in Nebraska. This blog will discuss loss of earning capacity (LOEC) in greater detail. When an injured worker sustains a whole body injury*, his entitlement to permanent partial disability (PPD) benefits is measured[…..]

Calculation of Indemnity Benefits

The indemnity benefits owed to an injured worker under the Nebraska Workers’ Compensation Act fall into four separate categories. The four categories, which are found in Neb. Rev. Stat. § 48-121, are: (1) Temporary Total Disability; (2) Temporary Partial Disability; (3) Permanent Partial Disability; and (4) Permanent Total Disability. The first step in addressing the[…..]

Calculating the Average Weekly Wage

Properly calculating the average weekly wage (“AWW”) is one of the more important aspects in evaluating a workers’ compensation claim.  Knowing an injured worker’s AWW is necessary to properly calculate benefit payments and future exposure on a claim.  Further, failure to calculate an accurate weekly wage can lead to a claim for penalties. The calculation[…..]


“Veterans Treatment Court” pilot programs started earlier this year in Douglas and Lancaster County District Courts.  This “Court” is a new arm of the Nebraska Problem Solving Court systems that currently includes Drug Court, Young Adult Court and Mental Health Court, Re-entry Court and Juvenile/Family Drug Treatment Court. The thrust of the Veterans Court is[…..]

Injury While Walking Did Not Arise Out of Employment

Charles Kuper recently secured an Order of Dismissal in the case of Loeffler v. Columbus Public Schools.  The sole issue in the case was whether the employee suffered an accident that arose out of her employment when she fell as she was walking because her sandal stuck to the floor.  At the time of her[…..]

Kuper Successfully Defends Appeal of an Order of Dismissal

In the case of Hamilton v. UPS, attorney Charles Kuper successfully defended UPS against an appeal from an Order of Dismissal entered by the Nebraska Workers’ Compensation Court.  Hamilton filed a Petition alleging he was permanently and totally disabled due to dementia that he alleged was caused by carbon monoxide exposure while working as a spotter[…..]

LKW Welcomes New Attorneys

LARSON KUPER WENNINGHOFF, PC, LLO is pleased to announce the addition of two new attorneys to its Omaha practice.  JOHN DENSBERGER joined the firm in October of 2017.  He is admitted to practice in Nebraska, and will focus his practice in the area of workers’ compensation.  John is a graduate of the University of Nebraska[…..]