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Fay v. Dowding2/9/2001
1. Workers' Compensation: Appeal and Error. Under the provisions of Neb. Rev. Stat. § 48-185 (Cum. Supp. 2000), an appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or award was procured by fraud; (3) there is not sufficient competent evidence in the record to warrant the making of the order, judgment, or award; or (4) the findings of fact by the compensation court do not support the order or award.
2. ___: ___. In determining whether to affirm, modify, reverse, or set aside a judgment of the Workers' Compensation Court review panel, a higher appellate court reviews the findings of fact of the single judge who conducted the original hearing; the findings of fact of the single judge will not be disturbed on appeal unless clearly wrong.
3. ___: ___. An appellate court is obligated in workers' compensation cases to make its own determinations as to questions of law.
4. Workers' Compensation: Jurisdiction. The Nebraska Workers' Compensation Court, as a statutory tribunal, is a court of limited and special jurisdiction and possesses only such authority as is delineated by statute.
5. Workers' Compensation. The only Nebraska Workers' Compensation Act provisions which permit the Workers' Compensation Court to modify or change previously issued orders are Neb. Rev. Stat. §§ 48-141 and 48-180 (Reissue 1998).
6. Statutes: Presumptions: Legislature: Intent: Appeal and Error. When construing a statute, appellate courts are guided by the presumption that the Legislature intended a sensible, rather than an absurd, result in enacting the statute.
7. Statutes: Appeal and Error. As an aid to statutory interpretation, appellate courts must look to the statute's purpose and give to the statute a reasonable construction which best achieves that purpose, rather than a construction which would defeat it.
8. Statutes: Legislature: Intent. When considering a series or a collection of statutes pertaining to a certain subject matter which are in pari materia, such statutes may be conjunctively considered to determine the intent of the Legislature, so that different provisions of the act are consistent and sensible.
9. Judgments. The function of a nunc pro tunc order is to correct a clerical or scrivener's error.
10. Courts: Workers' Compensation. Neb. Rev. Stat. § 48-180 (Reissue 1998) is the statutory embodiment of nunc pro tunc principles, and pursuant to § 48-180, the Nebraska Workers' Compensation Court is statutorily authorized to issue proper nunc pro tunc orders.
11. Judgments. It is not the function of nunc pro tunc order to change or revise a judgment or order, or to set aside a judgment actually rendered, or to render an order different from the one actually rendered, even though such order was not the order intended.
12. Workers' Compensation. A condition resulting from repetitive trauma has the characteristics of both an accidental injury and an occupational disease.
13. Workers' Compensation: Words and Phrases. Under Neb. Rev. Stat. § 48-151(2) (Cum. Supp. 2000), three elements must be demonstrated in order to prove that a workers' compensation injury is the result of an accident: (1) the injury must be unexpected or unforeseen, (2) the accident must happen suddenly and violently, and (3) the accident must produce at the time objective symptoms of injury.
14. Workers' Compensation: Proof. In order to receive compensation benefits for an accident, the injured employee must prove that he or she has sustained a
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