Timberlake v. Douglas County

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Timberlake v. Douglas County

Case Number
Call Date
April 27, 2015
Court Number
Case Summary

S-14-770 Rachelle L. Timberlake v. Douglas County (Appellant)

Douglas County District Court, Judge W. Mark Ashford

Attorneys: Donald Kleine / Bernard Monbouquette (Douglas County) 'John Corrigan (Dowd, Howard & Corrigan)

Civil: Nebraska Wage Payment and Collection Act; Injured on Duty determination

Proceedings below: The court determined that Timberlake was entitled to IOD benefits, damages for unpaid benefits in the amount of $ 1,075.02, and attorney fees in the amount of $3,012.50 because she prevailed on a claimed violation of the Act.

Issues: Whether the court erred as follows: (1) determining that Timberlake was injured while performing a high risk duty, which is a condition for IOD benefits; (2) concluding that the Collective Bargaining Agreement unambiguously defined a high risk duty; (3) excluding extrinsic evidence of the parties' intent in drafting the IOD provision; and (4) determining that IOD benefits are wages under the Act and awarding attorney fees.