Luehring v. Tibbs Construction Co.

Boslaugh, J.,

dissenting.

The issue in this case is the extent of the plaintiff’s disability resulting from his back injury. The award of total disability appears to be based upon testimony of the injured worker rather than upon expert medical evidence.

The burden was upon the plaintiff to establish the extent of his disability, and it has long been the rule of this court that such an injury requires expert medical evidence to establish not only the causal relationship, but the extent of the disability resulting from the injury. Unless that rule is to be abandoned, the record in this case does not support an award of total disability.

Hastings, C. J., joins in this dissent.