Appeal from the Workers' Compensation Court: MICHAEL K. HIGH, Judge.
Rolf Edward Shasteen, of Shasteen & Morris, P.C., L.L.O., for appellant.
Patrick B. Donahue and Dennis R. Riekenberg, of Cassem, Tierney, Adams, Gotch & Douglas, for appellees.
MOORE, Chief Judge, and IRWIN and RIEDMANN, Judges.
[23 Neb.App. 36] Riedmann, Judge.
Phillip McDaniel appeals from the order of the workers' compensation court dismissing his petition with prejudice. On appeal, he argues that the compensation court erred in finding that an assault on him by a coworker did not arise out of his employment. Because we find that the compensation court's factual finding is not clearly wrong, we affirm.
McDaniel was employed by Western Sugar Cooperative (Western Sugar), performing
tasks such as monitoring machinery and ensuring work areas were clean. On February 15, 2013, McDaniel was scheduled to work from 8 p.m. until 8 a.m. Around 8:30 p.m., while performing his work duties, [23 Neb.App. 37] he encountered his coworker Jason Bates. The two men walked together and talked at first. Bates then began assaulting McDaniel with a brass hammer. Bates called McDaniel an " f'ing chimo," which is " short for child molester," because he discovered on the Internet that McDaniel is a registered sex offender. McDaniel suffered injuries to his nose, clavicle, and left shoulder. Because Western Sugar has a zero-tolerance policy relating to workplace violence, Bates' employment was immediately terminated.
Although McDaniel and Bates lived approximately three blocks away from each other in the same small town, they did not know each other outside of work. On occasion, Bates would ask McDaniel work-related questions and McDaniel would assist him. Once, McDaniel and his wife gave Bates a ride home from work upon a request from McDaniel's boss. The men ...