Nebraska has no statute specifically covering the problem of disfigurement awards. Forty other jurisdictions have statutes mentioning and providing for disfigurement, either generally or specifically, in many instances fixing maximums on awards that may be given. Some of these statutes are premised on the theory that disfigurement impairs the earning capacity of the injured workman and should, to that extent, be compensable, while others make the term "disfigurement" a "catch-all" for all injuries not specifically covered by the schedules. In spite of the misleading dictum, one thing appears certain after the Wengler decision. A claimant who receives a disfigurement injury and brings his claim under the language of section 48-121(3), must nevertheless prove impairment of earning capacity—either total or partial—to receive compensation under the Nebraska Workmen's Compensation Statute.
William D. Kuester,
Workmen’s Compensation—Disfigurement Awards under the Nebraska Statutes—Wengler v. Grosshans Lumber Co. (Neb. 1962),
42 Neb. L. Rev. 188
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