S-14-0903 John Jacobitz v. Aurora Cooperation (Appellant)
Nebraska Workers’ Compensation Court, Judge J. Michael Fitzgerald
Attorneys: Jacob M. Steinkemper (Steinkemper Law, PC, LLO) --- Patrick R. Guinan (Erickson Sederstrom, P.C.) (Appellant)
Civil: Compensability of worker’s injury
Proceedings below: Following a bifurcated trial, Appellant was ordered to pay benefits.
Issues: The trial court erred in 1) finding that Appellee was injured the scope and course of his employment, 2) assigning liability merely because Appellee subjectively believed his attendance was impliedly required and would be to his benefit, 3) assigning liability when it inconsistently concluded that Appellee’s subjective beliefs regarding his attendance, without more, were sufficient to meet his burden but then expressly finding that his attendance at the supper was not required, 4) using the incorrect legal standard in erroneously concluding that Appellant derived "a substantial benefit" from the supper and from Appellee’s attendance at the supper and by failing to consider whether any alleged benefit was “direct," 5) failing to apply the "event specific" test required by Gray v. State, 205 Neb. 853, 290 N.W.2d 651 (1980), 6) assigning liability because there is not sufficient evidence in the record to conclude that the
Appellant derived a substantial direct benefit from this particular supper on this night or Appellee’s attendance at this supper, 7) finding Appellee overcame the presumption that an employer does not derive a substantial direct benefit from a primarily social event, 8) entering an Award in favor of Appellee because there is not sufficient competent evidence to warrant making the Award, 9) making factual determinations that were clearly wrong, do not support a finding that the fall occurred within the scope and course of employment and do not support the order or Award, 10) finding that Appellant received a benefit because Appellee assisted in storing the smoker that was used at the supper, 11) admitting Exhibit 6 into evidence, and 12) failing to render a reasoned decision.