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VARIANO v. DIAL CORP.

No. S-98-712.

589 N.W.2d 845 (1999)

256 Neb. 318

Ronald VARIANO, appellant, v. DIAL CORPORATION, appellee.

Supreme Court of Nebraska.

February 26, 1999.

Attorney(s) appearing for the Case

Thomas F. Dowd, of Dowd & Dowd, Omaha, for appellant.

Thomas D. Wulff and Kevin L. Flynn, of Welch & Wulff, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

In this workers' compensation case, each party claims the benefit of a rebuttable presumption pursuant to Neb.Rev.Stat. § 48-162.01 (Reissue 1998), based upon seemingly inconsistent opinions regarding loss of earning power expressed by the same court-appointed vocational rehabilitation counselor. We conclude that when considered together in their chronological sequence, the counselor's opinions establish a rebuttable presumption that the employee...

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