S-16-0267 Ian T. Hintz (Appellant) v. Farmers Cooperative Association
Worker’s Compensation Court, Judge Thomas E. Stine
Attorneys: Thomas R. Lamb (Anderson, Creager & Wittstruck) (Appellant) --- Jason A. Kidd (Engles, Ketcham, Olson & Keith, P.C.)
Civil: Compensability of injury
Proceedings below: Following a trial, the trial court found in favor of Appellee. The Court of Appeals remanded with specific instructions. Appellee filed a petition for further review which was granted by the Nebraska Supreme Court.
Issues on Review: The Nebraska Court of Appeals erred in 1) misapplying the clear standard of review in that it did not weigh the evidence in the light most favorable to the successful party and substituted its judgment for that of the trial court, 2) holding that the opinion of the Appellee’s expert witness, Dr. Bozarth, was “not competent medical testimony,” 3) applying the rule of liberal construction of the Nebraska Worker’s Compensation Act to evidence, and 4) considering Appellant’s appeal given Appellant’s failure to specifically assign any errors within his brief.