S-14-770 Rachelle L. Timberlake v. Douglas County (Appellant)
Douglas County District Court, Judge W. Mark Ashford
Attorneys: Donald Kleine / Bernard Monbouquette (Douglas County) 'John Corrigan (Dowd, Howard & Corrigan)
Civil: Nebraska Wage Payment and Collection Act; Injured on Duty determination
Proceedings below: The court determined that Timberlake was entitled to IOD benefits, damages for unpaid benefits in the amount of $ 1,075.02, and attorney fees in the amount of $3,012.50 because she prevailed on a claimed violation of the Act.
Issues: Whether the court erred as follows: (1) determining that Timberlake was injured while performing a high risk duty, which is a condition for IOD benefits; (2) concluding that the Collective Bargaining Agreement unambiguously defined a high risk duty; (3) excluding extrinsic evidence of the parties' intent in drafting the IOD provision; and (4) determining that IOD benefits are wages under the Act and awarding attorney fees.