Hintz v. Farmers Cooperative Association (PFR)

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Hintz v. Farmers Cooperative Association (PFR)

Case Number
Call Date
August 29, 2017
Case Time
9:00 AM
Court Number
Case Location
Case Summary

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.

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