S-17-0891 Keith T. Dragon (Appellant) v. The Cheesecake Factory and Indemnity Insurance Company of North America
Nebraska Workers’ Compensation Court, Judge Daniel R. Fridrich
Attorneys: Brynne E. Holsten (Atwood Holsten Brown Deaver & Spier PCLLO) (Appellant) --- Marc N. Middleton (Adelson Testan Brundo Novell & Jimenez) (Appellees) --- Danny C. Leavitt (Amicus Curiae Nebraska Association of Trial Attorneys)
Civil: Release of Liability; payment of settlement funds; waiting time penalties and attorney fees
Proceedings below: The court denied Appellant’s request for a penalty and attorney fee relating to late payment of settlement funds pursuant to Neb. Rev. Stat. 48-139(3). Appellant attempted twice to file a Petition to Bypass, one petition prior to the filing of the brief, and another petition after the Appellant’s brief was filed. Both were overruled as untimely.
Issues: The trial court erred as a matter of law when it found that Neb. Rev. Stat. § 48-139(3) and (4) do not allow for late payment penalty or attorney fees.