Coughlin v. County of Colfax, Nebraska

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Coughlin v. County of Colfax, Nebraska

Case Number
A-18-0456
Court Number
WCC
Call Date
January 16, 2019
Case Time
9:00 AM
Case Summary

Nebraska Workers’ Compensation Court: Judge Julie A. Martin

Attorney for Appellant: Lindsey Moran Bryant and Bradley E. Nick (SinderLaw)

Attorney for Appellee: David A. Dudley and Eric J. Sutton (Baylor Evnen, LLP)

Civil Action: Workers’ Compensation Death Benefits

Action Taken by Trial Court: The Workers’ Compensation Court found that Daniel’s accident and injury did not arise out of and in the course of his employment with Colfax County. The court found that the record contained no evidence of a causal connection between Daniel’s cell phone call with Messerlie and the accident such that the going to and from work rule would allow recovery under § 48-101. And the court concluded that the conversation between Daniel and Messerlie at the time of the accident was not “work-related to overcome the flaws of plaintiff’s case.” The court rejected Kyle’s argument that the going to and from work rule did not apply because Daniel did not have a fixed place of employment. The court noted that finding Daniel did not have a fixed place of employment would result in a dramatic expansion of workers’ compensation law.

Assignments of Error: Kyle assigns, consolidated and restated, that the district court erred in (1) finding that Daniel’s injury was noncompensable under the going to and from work rule, (2) finding that Daniel had a fixed place of employment such that the going to and from work rule applied, and (3) concluding that finding for him would result in a dramatic expansion of workers’ compensation law.

Case Location
Lincoln
Court Type
WCC
Schedule Code
A1
Panel Text
Moore, Chief Judge, Pirtle, and Arterburn, Judges