S-23-0645 Marlene Mosher (Appellee) v. Whole Foods Market, Inc. (Appellant)
Appeal from the Nebraska Workers’ Compensation Court, Judge Daniel R. Fridrich
Attorneys: Patrick J. Mack and Madaline E. McGill (Hennessy & Roach, P.C. for Appellant) and David M. Handley (Handley Law, P.C., L.L.O. for Appellee)
Workers’ Compensation: Compensable Injury and Attorney’s Fees
Proceedings below: The trial court determined that Appellee sustained a compensable injury, and was entitled to temporary total disability compensation, payment of past and future medical expenses, a waiting time penalty, and attorney’s fees. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The trial court violated Workers’ Comp. Ct. R. of Proc. 11(A) in awarding a waiting time penalty to Appellee for non-payment of a permanent impairment rating; 2) The trial court was clearly wrong when it awarded a waiting time penalty for Appellant’s non-payment of a permanent impairment rating; 3) The trial court was clearly wrong when it primarily focused a judicial admission made by the Appellant in awarding attorney’s fees to Appellee for non-payment of medical bills when the judicial admission had been waived; 4) The trial court was clearly wrong when it awarded Appellant an unreasonable attorney’s fee based on the facts presented and work performed in the case; and 5) The trial court acted in excess of its powers by ordering the Appellant to pay fees incurred by Appellee’s legal assistant.