S-17-0702, Machelle Wynne (Appellant) v. Menard Inc. and Praetorian Insurance Company
Nebraska Workers’ Compensation Court, Hon. Thomas E. Stine
Attorneys: Michael J. Javoronok---Todd R. McWha, Christopher A. Sievers (Waite, McWha & Heng)
Civil: Workers’ Compensation
Proceedings below: Workers’ Compensation Court sustained Machelle Wynne’s motion for summary judgment to the extent that it awarded Wynne benefits for two scheduled injuries, but it rejected Wynne’s claim that she was permanently and totally disabled.
Issues: Whether court erred by 1) weighing evidence upon a motion for summary judgment, 2) ignoring the conclusive effect of an admission under Neb. Ct. R. Discovery § 6-336(b), and 3) receiving evidence that was inadmissible in connection with a motion for summary judgment in violation of Rule 10 of the Nebraska Workers’ Compensation Court Rules of Procedure and Neb. Rev. Stat. § 25-1332 et seq.