A-17-161, Carr (Appellant) v. Ganz d/b/a G&H Farms
Workers’ Compensation Court, Judge Michael Fitzgerald
Attorney for Appellant: Ryan C. Holsten (Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.)
Attorney for Appellee: John W. Iliff, Adam J. Wachal (Gross & Welch, P.C., L.L.O.)
Workers’ Compensation Action: Compensability of Employee’s Injury; Jurisdiction
Action Taken by Trial Court: The trial court held that the appellee Ganz d/b/a Ganz Farms was not liable for the cost of appellant Carr’s coronary artery bypass surgery.
Assignments of Error on Appeal: Appellant Carr contends the trial court erred when it determined that his medically necessary cardiac care to treat a stipulated, compensable injury was not compensable under Neb. Rev. Stat. § 48-120 (Cum. Supp. 2016). The Court of Appeals has ordered the parties to brief the issue of whether the workers’ compensation court’s December 23, 2016, order was a final appealable order, specifically whether the court’s order reserved some issues for later determination or if the court’s silence must be construed as a denial of the outstanding requests.