Tuesday, January 31, 2006

Employer owes waiting time penalties interest and attorney fees when there is no dispute as to compensability of accident even though there may be a dispute as to disability; Nebraska court of appeals, J Inbody unpublished opinion Burnham v. Pacesetter Corp. (Not Designated for Permanent Publication) Filed January 31, 2006. No. A-05-815. All medical experts related plaintiffs complaints to occupational accidents, but there was a dispute as to extent of impairment and disability. Court of Appeals agrees that trial court should have allowed penalties:
A reasonable controversy under § 48-125 may exist (1) if there is a question of law previously unanswered by the appellate courts, which question must be answered to determine a right or liability for disposition of a claim under the Nebraska Workers' Compensation Act, or (2) if the properly adduced evidence would support reasonable but opposite conclusions by the Nebraska Workers' Compensation Court concerning an aspect of an employee's claim for workers' compensation, which conclusions affect allowance or rejection of an employee's claim, in whole or in part. Milliken v. Premier Indus. 13 Neb. App. 330, 691 N.W.2d 855 (2005).

No comments: