Nebraska Court of Appeals Affirms Workers’ Compensation Award in Favor of Injured Worker
Lamson Dugan & Murray LLP is pleased to recognize Cathy Trent-Vilim for her appellate work in a recent Nebraska workers’ compensation matter in which the Nebraska Court of Appeals affirmed an award in favor of an injured worker and remanded the case with directions to award certain permissible costs.
The case involved a serious workplace injury sustained while the employee was cleaning moving equipment. After the employer and workers’ compensation carrier denied indemnity benefits, the employee pursued benefits before the Nebraska Workers’ Compensation Court.
The Workers’ Compensation Court entered an award in favor of the employee, including temporary and permanent disability benefits, medical expenses, future medical care, a 50-percent waiting-time penalty, attorney fees, and interest. The employer and carrier appealed the award of penalties, attorney fees, and interest, arguing there was a reasonable controversy regarding the employee’s entitlement to benefits.
Cathy was retained to handle the appeal. She and the employee’s workers’ compensation counsel worked as a team, with Cathy handling the appellate strategy, research, briefing, and appellate matters through the oral argument phase, and trial counsel presenting the argument.
The employee also cross-appealed, arguing that the Workers’ Compensation Court should have awarded certain costs.
The Nebraska Court of Appeals affirmed the award of waiting-time penalties, attorney fees, and interest, and remanded the matter with directions to award the employee her permissible costs.
Although the memorandum opinion was not designated for permanent publication and is not precedential, the outcome serves as an important reminder that employers and workers’ compensation carriers may face penalties when benefits are withheld without a reasonable controversy.
LDM congratulates Cathy and the employee’s workers’ compensation counsel on this meaningful appellate result.
