Nichols v. Fairway Building Products, L.P.

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Nichols v. Fairway Building Products, L.P.

Case Number
Call Date
May 24, 2016
Court Number
Case Summary

S-15-0888, Dennis 'DJ' Nichols (Appellee; Cross Appellant) v. Fairway Building Products, L.P., and its workers' compensation insurer, Pennsylvania Manufacturers' Association Insurance Co. (Appellant; Cross Appellee)

Nebraska Workers' Compensation Court, Hon. John R. Hoffert

Attorneys: Christa Binstock Israel (Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.) ' Christopher A. Sievers (Prentiss Grant LLC).

Criminal: Workers' compensation.

Proceedings below: The Workers' Compensation Court found Dennis Nichols permanently and totally disabled. The court awarded Nichols $440.27 per week for so long as Nichols remains permanently and totally disabled, plus past and future medical benefits.

Issues: On cross appeal, Nichols assigns the workers' compensation court erred by miscalculating the number of weeks for which Nichols was entitled to temporary total disability. Though not assigned as error, Nichols also claims that he is entitled to a 50% waiting-time penalty under Neb. Rev. Stat. ' 48-125.

In Fairway's cross appeal to Nichols's cross appeal, it assigns (consolidated and restated) that the workers' compensation court erred by finding that Nichols' injuries were causally related to the incident on June 19, 2012.