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Mischo v. Chief School Bus Service

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Tuesday, October 15, 2013

A-13-0011, James Mischo (Appellant) v. Chief School Bus

Workers’ Compensation Court, Judge Thomas E. Stine

Attorney for Appellant:  Roger D. Moore (Rehm, Bennett & Moore, P.C., L.L.O.)

Attorney for Appellee:  Abigail A. Wenninghoff (Larson, Kuper & Wenninghoff,  P.C., L.L.O.)

Workers’ Compensation:  Application of Further Award

Action Taken by Trial Court:  The trial court determined loss of earning capacity and awarded further benefits. However, it allowed defendant a credit against payments already made toward plaintiff’s disability.

Assignments of Error on Appeal:  Mischo assigns that the trial court erred in: (1) finding it had authority to modify the original Award other than under the procedure set forth in Neb. Rev. Stat. § 48-141 (Reissue 2011); (2) considering the Defendant's May 25,2012 pleading when the time for appeal under Neb. Rev. Stat. § 48-182 (Reissue 2011) of the May 9, 2012 Award had not even expired prior to the filing of such pleading and as such, the May 9,2012 Award was not a final one at the time the pleading was filed; (3) re-titling and re-wording the Defendant's May 25, 2012 pleading to something it felt could be heard by the Court to affect the benefits due Plaintiff; and (4) concluding it had the power to modify/change the May 9, 2012 Award outside the province of Neb. Rev. Stat. § 48-141 (Reissue 2011).

This page was last modified on Wednesday, October 15, 2014