S-25-0845 Lee Mlady (Appellee) v. Associated Wholesale Grocers (Appellant)
Appeal from the Nebraska Workers’ Compensation Court, Judge John R. Hoffert
Attorneys: Jenna M. Christensen (Engles, Ketcham & Olson for Appellant) and Jamie Gaylene Scholz (Miner Scholz & Associates, PC LLO for Appellee)
Workers’ Compensation: Modification of award and mileage benefits
Proceedings below: The Workers Compensation Court entered a stipulated order that required Appellant to pay Appellee temporary total disability [TTD] benefits. After Appellant stopped paying the TTD benefits, the Workers’ Compensation Court ordered Appellant to conform to the stipulated order and awarded Appellee attorney’s fees. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The compensation court erred as a matter of law by finding that § 48- 162.01(7) was inapplicable; 2) The compensation court erred as a matter of law and fact by awarding penalties and attorney’s fees; 3) The compensation court abused its discretion by allowing and relying upon evidence in violation of Appellant’s due process rights; and 4) The compensation court erred as a matter of law in finding that § 48- 120(2)(a) did not preclude mileage benefits