Justin Loew v. Menard, Inc., and XL Insurance America

Summary

The court held that Loew was entitled to compensation for the additional 8% functional impairment caused by his later work injury because he returned to work at the same or greater compensation. It further held that the statute preventing compensation for previously compensated disabilities does not create an offset allowing an employer to avoid paying for a new disability, particularly where the prior award measured earning-capacity loss and the new award measured functional impairment. The court reversed the district court and remanded for further proceedings consistent with its opinion.