Lewis v. MBC Construction Company, Inc.

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Lewis v. MBC Construction Company, Inc.

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Case Number
Call Date
May 26, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
Case Summary

S-20-0728 Allen Michael Lewis v. MBC Construction Co., Inc. and Carolina Casualty Ins. Co. (Appellants)

Nebraska Workers’ Compensation Court, Hon. Julie A. Martin

Attorneys: Daniel P. Lenaghan, Christine E. Westberg Dorn (Sodoro, Mooney, & Lenaghan, LLC, for Appellants); Justin High, Erin N. Fox (High & Younes, LLC, for Appellee)

Civil: Workers’ Compensation

Proceedings Below: The trial court found that the custom-build house requested by Mr. Lewis, estimated to cost $400,000.00, not including the lot – was not reasonable and necessary. The trial court also determined that Appellants were responsible for “either building or purchasing an accessible home for Mr. Lewis.” The trial court granted Appellants 45 days from the date of the order to find Mr. Lewis an existing home or to provide him with plans for the construction of a new home, either of which must be accessible for his condition and incorporate eleven specifically stated features.    

Issue on Appeal: Whether the district court erred in ordering Appellants to purchase real property for the benefit of Mr. Lewis.   

Issues on Cross-Appeal: Whether the trial court erred as a matter of law in finding the home offered by Appellee was unreasonable and unnecessary; and 2) whether it was plain error for the trial court to exclude an allowance for garage space in the order for adaptive housing.

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