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Simmons v. Precast Haulers, Inc.

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Date: 
Friday, May 2, 2014

S-13-0848, Michael Simmons v. Precast Haulers, Inc. (Appellant)

Workers’ Compensation Court, Judge Laureen K. Van Norman

Attorneys: Gregory D. Worth (McAnany, Van Cleave & Phillips, P.A.) (Appellant) --- Travis Allen Spier (Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.)

Civil: Excessive award

Proceedings below: The trial court awarded Appellee attorney’s fees, medical appliances, and compensation for home care provided by his wife.

Issues: The trial court erred in finding 1) Appellee is entitled to attorney’s fees pursuant to Neb. Rev. Stat. §48-125 in the amount of $36,555l.00, 2) Appellee’s wife is entitled to compensation for provision of home care, and 3) Appellee is entitled to medical appliances in the form of a wheelchair accessible van.

Issues on Cross-Appeal:  The trial court erred as a matter of law by limiting the amount of Neb. Rev. Stat. §48-125 attorney fees awarded to the time expended by plaintiff’s attorneys.

This page was last modified on Monday, May 5, 2014