Ian T. Hintz, appellant,
Farmers Cooperative Association, appellee.
1. Workers' Compensation: Appeal
and Error. A judgment, order, or award of the
Workers' Compensation Court may be modified, reversed, or
set aside only upon the grounds that (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.
__. In determining whether to affirm, modify, reverse, or set
aside a judgment of the Workers' Compensation Court, an
appellate court reviews the trial judge's findings of
fact, which will not be disturbed unless clearly wrong.
__:__. Regarding questions of law, an appellate court in
workers' compensation cases is obligated to make its own
Workers' Compensation: Proof. Under the
Nebraska Workers' Compensation Act, a claimant is
entitled to an award for a work-related injury and disability
if the claimant shows, by a preponderance of the evidence,
that he or she sustained an injury and disability proximately
caused by an accident which arose out of and in the course of
the claimant's employment.
__:__. To recover workers' compensation benefits, an
injured worker is required to prove by competent medical
testimony a causal connection between the alleged injury, the
employment, and the disability.
Trial: Expert Witnesses. The sufficiency of
an expert's opinion is judged in the context of the
expert's entire statement.
__:__. The value of an expert witness' opinion is no
stronger than the facts upon which it is based.
Neb.App. 562] Appeal from the Workers' Compensation
Court: Thomas E. Stine, Judge. Reversed and remanded with
R. Lamb and Richard W. Tast, Jr., of Anderson. Creager &
Wittstruck, P.C., L.L.O., for appellant.
A. Kidd, of Engles, Ketcham, Olson & Keith, P.C., for
and Pirtle, Judges, and McCormack, Retired Justice.
McCormack, Retired Justice.
Hintz appeals from an order of the Workers' Compensation
Court denying his claim for workers' compensation
benefits from his former employer, Farmers Cooperative
Association (Farmers). On appeal, Hintz argues that the
compensation court erred in finding that his injuries were
not causally related to his work accident. For the reasons
set forth below, we reverse the decision of the compensation
court and remand the cause with directions.
November 13, 2014, Hintz was working as a tire technician for
Farmers. Hintz' job involved changing and fixing all
types of tires. On the morning of November 13, Hintz was
working on the repair of a tire for a semitrailer. He had
patched a hole in the tire and was attempting to refill the
air in the tire when the tire exploded. At the time of the
explosion, Hintz was kneeling directly in front of the tire.
The force of the explosion threw Hintz approximately 10 feet.
He landed on his back, could not feel his legs, had pain in
his hips and his groin area, and heard "a