S-13-0930, Gary Lenz v. Central Parking System of Nebraska, Inc. (Appellant)
Workers’ Compensation Court, Judge Tom Stine
Attorneys: Patrick B. Donahue (Cassem Tierney Adams Gotch & Douglas) --- Tiernan Siems (Erikson Sederstrom PC LLO) (Appellant)
Civil: Statute of limitations; material increase exception to Neb. Rev. Stat. § 48-137
Proceedings below: The court found Plaintiff sustained a material increase in his condition on October 28, 2102 and found the claim for benefits after October 28, 2012 was not barred by Neb. Rev. Stat. § 48-137. However, it found that all claims prior to that date were barred by the statute of limitations.
Issues: The trial court erred in (1) entering an Award in Mr. Lenz's favor and in finding that
Mr. Lenz's claim was not barred by the statute of limitations; (2) finding Mr. Lenz suffered a material and substantial increase in disability; (3) finding sufficient competent
Evidence; (4) failing to render a reasoned decision; (5) misapplying the law regarding material and substantial increase in disability; and (6) failing to apply stare decisis in following the most recent precedent.