A-24-0331, Walton (Appellee) v. Concrete Supply, Inc., and The Rasmussen Group, Inc. (Appellants).
Nebraska Workers’ Compensation Court, Judge James R. Coe
Attorney for Appellants: Matthew J. Buckley, Evans & Dixon, LLC
Attorney for Appellee: Sara A. Lamme, High & Younes, LLC
Civil: Workers’ Compensation
Action Taken by Trial Court: The Nebraska Workers’ Compensation Court entered an award finding that, during the course of his employment with Concrete Supply Inc., Walton sustained an injury which left him temporarily totally disabled and that, at the time of the hearing, he remained temporarily totally disabled; that he was entitled to $652 per week from the date of the accident and continuing in the future as he remained temporarily totally disabled. The court further found that Appellants failed to show that Walton was willfully negligent, and that there was no reasonable controversy as to Walton’s entitlement to benefits. The court awarded Walton a 50 percent waiting time penalty and attorney fees against Appellants.
Assignments of Error on Appeal: Appellants have assigned as error that the Workers’ Compensation Court erred in: (1) analyzing the issue of whether Walton was entitled to temporary total disability benefits based upon a defense of intoxication which was not raised by Appellants; (2) failing to address and find that Walton was entitled to temporary loss of earning power benefits as opposed to temporary total disability benefits; and (3) finding that no reasonable controversy existed regarding Walton’s temporary total disability entitlement and awarding a 50 percent penalty and attorney fees.