Nebraska Employee Leasing Case Law
Please find, below, selected case laws decided by Supreme Court of Nebraska or Court of Appeals of Nebraska where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Wiley v. IBP - 11/6/2001
not designated for permanent publication
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
INTRODUCTION
This is an appeal from an order of affirmance from the review panel of the Workers' Compensation...
Schoville v. Mixan Heating and Air Conditioning - 11/6/2001
not designated for permanent publication
Appeal from the Nebraska Workers' Compensation Court. Reversed and remanded with directions.
I. INTRODUCTION
Rickie A. Schoville appeals from an order entered by a review panel...
Keef v. State - 9/28/2001
1. Judgments: Jurisdiction: Appeal and Error. When a jurisdictional question does not involve a factual dispute, its determination is a matter of law, which requires an appellate court to reach a conclusion independent of the decisions...
Vonderschmidt v. Sur-Gro - 9/21/2001
1. Workers' Compensation: Appeal and Error. 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,...
Hoffart v. Fleming Companies - 9/4/2001
1. Workers' Compensation. Whether a claimant has sustained permanent impairment and the extent of impairment are questions of fact.
2. Workers' Compensation: Appeal and Error. Where the record presents nothing more than...
Rafael-Loarca v. Platte River Byproducts - 8/7/2001
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
INTRODUCTION
Platte River Byproducts, Inc. (Platte River), appeals an order of the Workers' Compensation Court...
Butler v. Drivers Management - 8/7/2001
As amended August 27, 2002.
RAYMOND L. BUTLER, APPELLEE AND CROSS-APPELLANT, v. DRIVERS MANAGEMENT, INC., APPELLANT AND CROSS-APPELLEE.
John W. Iliff, of Gross & Welch, P.C., for appellant. Tony J. Brock, of Harris...
Chojolan v. Armour Food Co. - 8/7/2001
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
I. INTRODUCTION
Olga Chojolan appeals from an order entered by the review panel of the Nebraska Workers'...
Green v. Drivers Management - 6/26/2001
1. Workers' Compensation: Appeal and Error. 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,...
Hatcher v. Bellevue Volunteer Fire Dept. - 6/22/2001
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Weichel v. Store Kraft Manufacturing Co. - 6/19/2001
1. Workers' Compensation: Appeal and Error. 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,...
Tighe v. Combine Insurance Company of America - 6/15/2001
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Torres v. Aulick Leasing - 6/15/2001
1. Workers' Compensation: Appeal and Error. Pursuant to 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...
Dossett v. First State Bank - 6/8/2001
1. Constitutional Law: Termination of Employment. The inquiry into whether a terminated employee's speech is protected under Neb. Const. art. I, § 5, is a question of law.
2. Appeal and Error. When an appeal presents questions of...
Rambla v. Drivers Management - 6/5/2001
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
INTRODUCTION
Rafael Rambla was awarded workers' compensation benefits by the Nebraska Workers' Compensation...
Best v. Simon DeBartolo Group - 6/5/2001
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
I. INTRODUCTION
Simon DeBartolo Group, Inc. (Simon DeBartolo), and The Travelers appeal from an order entered...
Carter v. Carter - 6/1/2001
1. Divorce: Property Division: Alimony: Attorney Fees: Appeal and Error. In actions for dissolution of marriage, an appellate court reviews the case de novo on the record to determine whether there has been an abuse of discretion by...
Blizzard v. Christan's Cash Register Co. - 3/23/2001
1. Workers' Compensation: Appeal and Error. 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,...
Rodriguez v. Monfort - 3/13/2001
1. Workers' Compensation: Presumptions. Neb. Rev. Stat. § 48-162.01(3) (Reissue 1998) gives the presumption of correctness to any rehabilitation plan given by a duly appointed counselor as well as any opinion of that counselor given as...
Carbajal v. DCS Sanitation Management - 3/6/2001
(Not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed in part, and in part reversed and remanded with direction.
INTRODUCTION
Martin Carbajal was awarded workers'...
Gomez v. Beef America - 3/6/2001
(Not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
INTRODUCTION
Anita A. Gomez appeals from an order by the Workers' Compensation Court, affirmed after review,...
Hagelstein v. Swift-Eckrich Div. of ConAgra - 2/23/2001
1. Workers' Compensation: Appeal and Error. Pursuant to 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...
Thomas v. Lincoln Public Schools - 2/20/2001
1. Workers' Compensation. Benefits derived from any source other than those paid or caused to be paid by an employer are not considered in fixing workers' compensation under Neb. Rev. Stat. § 48-130 (Reissue 1998).
2. Workers'...
Haro v. Beef America - 2/13/2001
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a decision of the Workers' Compensation Court only when (1) the compensation court acted without or in excess of its powers; (2) the...
Polinski v. Sky Harbor Air Service - 2/13/2001
(not designated for permanent publication)
(not designated for permanent publication)
Appeal from the District Court for Douglas County: Michael McGill, Judge. Affirmed in part, and in part reversed and remanded for further...
Fay v. Dowding - 2/9/2001
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...
Romero v. IBP - 2/6/2001
1. Workers' Compensation: Appeal and Error. 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 the single judge...
Stoller v. Nebraska State Bar Commission - 2/2/2001
1. Jurisdiction. The question of jurisdiction is a question of law.
2. Judgments: Appeal and Error. On questions of law, an appellate court has an obligation to reach its own independent conclusions.
3. Jurisdiction: Appeal...
Watson v. Omaha Public Power District - 1/30/2001
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a decision of the Workers' Compensation Court only when (1) the compensation court acted without or in excess of its powers; (2) the...
Ortiz v. IBP - 12/26/2000
(not designated for permanent publication)
Appeal from the Nebraska Workers' Compensation Court.
Affirmed.
INTRODUCTION
In this workers' compensation case, IBP, inc., appeals from an order by the review panel of...
Hollandsworth v. Nebraska Partners - 12/1/2000
1. Workers' Compensation: Appeal and Error. Pursuant to 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...
Turney v. Werner Enterprises - 9/29/2000
1. Declaratory Judgments: Appeal and Error. In an appeal from a declaratory judgment, an appellate court, regarding questions of law, has an obligation to reach its conclusion independent from the conclusion reached by the trial court....
Adkins v. Burlington Northern Santa Fe Railroad Co. - 8/4/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Fraternal Order Of Police - 6/23/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Ray v. Argos Corp. - 6/23/2000
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Hobza v. Seedorff Masonry - 6/9/2000
1. Workers' Compensation: Appeal and Error. With respect to questions of law in workers' compensation cases, an appellate court is obligated to make its own determination.
2. Statutes: Appeal and Error. Statutory interpretation...
Gernstein v. Lake - 5/19/2000
1. Jurisdiction: Appeal and Error. A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law.
2. Pleadings: Appeal and Error. An order granting a petition to...
Miller v. E.M.C. - 5/12/2000
1. Workers' Compensation: Appeal and Error. Pursuant to Neb. Rev. Stat. § 48-185 (Supp. 1999), an appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted...
State ex rel NSBA v. Krepela - 5/5/2000
1. Jurisdiction: Appeal and Error. Jurisdictional questions can be raised by the Nebraska Supreme Court sua sponte.
2. Jurisdiction: Words and Phrases. Subject matter jurisdiction is the power of a tribunal to hear and determine...
Combined Insurance v. Shurter - 3/10/2000
1. Declaratory Judgments: Appeal and Error. In an appeal from a declaratory judgment, an appellate court, regarding questions of law, has an obligation to reach its conclusion independent from the conclusion reached by the trial court....
Owen v. American Hydraulics - 2/25/2000
1. Workers' Compensation: Appeal and Error. 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,...
Torres v. Aulick Leasing - 2/18/2000
1. Workers' Compensation: Appeal and Error. Pursuant to Neb. Rev. Stat. § 48-185 (Reissue 1998), an appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court acted...
Carter v. Becton-Dickinson - 12/21/1999
1. Workers' Compensation: Appeal and Error. Upon appellate review, the findings of fact made by the trial judge of the Workers' Compensation Court have the effect of a jury verdict and will not be disturbed unless clearly wrong. ...
Thompson v. Kiewit Construction Co. - 12/10/1999
Appeal from the Nebraska Workers' Compensation Court. Appeal dismissed.
NATURE OF CASE
Ben Thompson appeals from the decision of a three-judge review panel of the Nebraska Workers' Compensation Court, which affirmed the...
Parde v. Parde - 11/12/1999
1. Divorce: Property Division: Alimony: Attorney Fees: Appeal and Error. In actions for dissolution of marriage, an appellate court reviews the case de novo on the record to determine whether there has been an abuse of discretion by...
Parnell v. Madonna Rehabilitation Hospital - 11/12/1999
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate...
Apland v. Northeast Community College - 8/24/1999
1. Injunction: Equity. An action for injunctive relief sounds in equity.
2. Equity: Appeal and Error. In an appeal of an equitable action, an appellate court tries factual questions de novo on the record and reaches a Conclusion...
Nebraska Public Employees Local Union 251 Affiliated With American Federation of State v. Otoe County - 6/4/1999
Nebraska Pub. Emp. v. Otoe Cty., S-98-427
Nebraska Pub. Emp. v. Otoe Cty., 257 Neb. 50
Appeal from the Nebraska Commission of Industrial Relations. Affirmed.
Appellant, Nebraska Public Employees Local Union 251...
Ideen v. American Signature Graphics - 6/4/1999
Ideen v. American Signature Graphics, S-98-906
Ideen v. American Signature Graphics, 257 Neb. 82
Appeal from the Nebraska Workers' Compensation Court. Affirmed.
This case arises from a Workers' Compensation Court...
Jacob v. Schlichtman - 6/1/1999
Jacob v. Schlichtman, A-97-1165
Jacob v. Schlichtman, 8 Neb. App. 439
Appeal from the District Court for Lancaster County: Jeffre Cheuvront, Judge. Reversed and remanded for further proceedings.
I. INTRODUCTION ...
Schweitzer v. American National Red Cross - 3/5/1999
Designated for Permanent Publication
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record demonstrate that there is no genuine issue as to...
In re Estate of Dvorak - 3/5/1999
Designated for Permanent Publication
1. Judgments: Jurisdiction: Appeal and Error. The question of jurisdiction is a question of law, upon which an appellate court reaches a Conclusion independent of the trial court.
2....
Variano v. Dial Corp. - 2/26/1999
Designated for Permanent Publication
___N.W.2d___
1. Workers; Compensation: Appeal and Error. Pursuant to Neb. Rev. Stat. § 48-185 (Reissue 1998), an appellate court may modify, reverse, or set aside a Workers; Compensation...
Mathew v. Palmer - 2/9/1999
Designated for Permanent Publication
Mathew v. Palmer, 8 Neb. App. 128.
___N.W.2d___
1. Divorce: Appeal and Error. In actions for dissolution of marriage, an appellate court reviews the case de novo on the record to...
Jorn v. Pigs Unlimited - 12/31/1998
Published
___N.W.2d___
1. Workers; Compensation: Appeal and Error. Regarding questions of law, an appellate court in workers; compensation cases is obligated to make its own determinations.
2. ____: ____. In...
Yarpe v. Lawless Distributing Co. - 12/8/1998
1. Workers; Compensation: Appeal and Error. 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,...
Baughman v. United-A.G. Cooperative - 11/24/1998
Appeal from the Nebraska Workers; Compensation Court. Reversed and remanded with directions.
INTRODUCTION In this workers; compensation case, Douglas F. Baughman, Sr., was awarded benefits from his employer, United-A.G....
Darnell v. Kn Energy - 11/24/1998
Appeal from the Nebraska Workers; Compensation Court. Affirmed.
HANNON and MUES, Judges, and NORTON, District Judge, Retired.
INTRODUCTION
James D. Darnell appeals the decision of the Workers; Compensation Court...
Bauers v. City of Lincoln - 11/20/1998
1. Judgments: Appeal and Error. In an appellate review of a bench trial in a law action, the trial court's factual findings have the effect of a jury verdict, and they will not be set aside on appeal unless they are clearly wrong. ...
Xayaseng v. Chief Industries - 11/17/1998
1. Workers; Compensation: Judgments: Appeal and Error. An appellate court is obligated in workers; compensation cases to make its own determinations as to questions of law. However, the findings of fact made by a workers; compensation...
Foreman v. As Mid-America - 9/25/1998
___N.W.2d___
1. Summary Judgment. Summary judgment is proper only when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to...
State v. Meehan - 9/15/1998
1. Criminal Law: Entrapment: Words and Phrases. Entrapment is the governmental inducement of one to commit a crime not contemplated by the individual, in order to prosecute that individual for the commission of the criminal offense. ...
Bryson v. Vickers Inc. - 9/8/1998
Designated for Permanent Publication
1. Workers' Compensation: Appeal and Error. With respect to questions of law in workers' compensation cases, an appellate court is obligated to make its own determination.
2. ____: ____....
Bennett v. J. C. Robinson Seed Co. - 8/18/1998
Designated for Permanent Publication
___N.W.2d___
1. Workers' Compensation: Appeal and Error. An appellate court may modify, reverse, or set aside a Workers' Compensation Court decision only when (1) the compensation court...
7 Neb.App. 507 - 8/18/1998
Designated for Permanent Publication
___N.W.2d___
1. Summary Judgment: Appeal and Error. In reviewing an order granting a motion for summary judgment, an appellate court views the evidence in a light most favorable to the...
Myers v. Nebraska Equal Opportunity Commission - 7/31/1998
Designated for Permanent Publication
1. Constitutional Law: Courts. The construction of the Constitution is a judicial function, and the Constitution is interpreted as a matter of law.
2. Attorney Fees: Appeal and Error. On...
Hawkins v. Kane - 6/23/1998
Designated for Permanent Publication
___N.W.2d___
Appeal from the District Court for Cuming County: Robert B. Ensz, Judge. Reversed.
Jimmy Dean Hawkins brought a negligence action against his employer, Daniel Kane,...
Owen v. American Hydraulics Inc. - 5/22/1998
Designated for Permanent Publication
Appeal from the Nebraska Workers' Compensation Court. Affirmed and remanded with directions.
Following trial, a single Judge of the Nebraska Workers' Compensation Court determined that...
Steele v. Encore Manufacturing Co. - 5/12/1998
Designated for Permanent Publication
1. Jury Instructions: Appeal and Error. A trial court, whether requested to do so or not, has a duty to instruct the jury on the proper law of the case, and failure to do so constitutes...
Crete Carrier Corp. v. Red Food Stores Inc. - 3/27/1998
Designated for Permanent Publication
The appellant, Crete Carrier Corporation, appeals the district court's sustaining of the special appearance objecting to personal jurisdiction entered by the appellees, Red Food Stores, Inc.,...
Underwood v. Eilers Machine & Welding Inc. - 3/10/1998
Designated for Permanent Publication
This is an appeal and cross-appeal of a workers' compensation case in which the Workers' Compensation Court review panel affirmed in part the decision by the trial Judge and remanded the cause...
Johnson v. Ford New Holland Inc. - 3/6/1998
Designated for Permanent Publication
The trial court of the Nebraska Workers' Compensation Court refused to accept appellant Le Roy Johnson's unsigned medical report into evidence because it was not timely disclosed, in violation...
Hammelman v. Dreesen Enterprises Inc. - 2/24/1998
Designated for Permanent Publication
Dreesen Enterprises, Inc., and Farm Bureau Insurance Co., its workers' compensation carrier, appeal from a decision of the Workers' Compensation Court review panel affirming the trial court's...
Cummings v. Omaha Public Schools - 2/10/1998
Designated for Permanent Publication
I. INTRODUCTION
Edward Cummings appeals from an order of the Workers' Compensation Court review panel (panel) which affirmed an order of a trial Judge of the Workers' Compensation Court...
Gaston v. Appleton Electric Co. - 1/30/1998
Designated for Permanent Publication
We recently held in Roth v. Sarpy Cty. Highway Dept., ante p. 703, ___ N.W.2d ___ (1998), that, in the absence of the filing of an application for review, the 30-day period for payment of...
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