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).