Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Foster-Rettig v. Indoor Football Operating

Court of Appeals of Nebraska

February 20, 2018

Aldwin R. Foster-Rettig, appellee,
v.
Indoor Football Operating.

         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.

         2. Workers' Compensation: Evidence: Appeal and Error. In testing the sufficiency of the evidence to support the Workers' Compensation Court's findings, an appellate court considers the evidence in the light most favorable to the successful party. The appellate court resolves every controverted fact in the successful party's favor and gives that party the benefit of every inference that is reasonably deducible from the evidence.

         3. Workers' Compensation: Appeal and Error. The Workers' Compensation Court's factual findings have the effect of a jury verdict, and an appellate court will not disturb them unless they are clearly wrong.

         4. ___:___ An appellate court independently reviews questions of law decided by a lower court.

         5. Workers' Compensation. Pursuant to the Nebraska Workers' Compensation Act, the term "wage" means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident. It shall not include gratuities received from the employer or others, nor shall it include board, lodging, or similar advantages received from the employer, unless the money value of such [25 Neb.App. 552] advantages shall have been fixed by the parties at the time of hiring, except that if the workers' compensation insurer shall have collected a premium based upon the value of such board, lodging, and similar advantages, then the value thereof shall become a part of the basis of determining compensation benefits.

         6. ___. When determining whether payments for an employee's meals or lodging should be included in a calculation of weekly wages, there must be evidence to demonstrate that (1) the money value of the advantages was fixed by the parties at the time of hiring and (2) the advantages constitute a real and reasonably definite economic gain to the employee.

         Appeal from the Workers' Compensation Court: Daniel R. Fridrich, Judge.

          James D. Garriott, of Cassem, Tierney, Adams, Gotch & Douglas, for appellant.

          Jeffrey F. Putnam, of Law Offices of Jeffrey F. Putnam, PC, L.L.O., for appellee.

          Pirtle, Riedmann, and Arterburn, Judges.

          ARTERBURN, JUDGE.

         INTRODUCTION

         Indoor Football Operating, L.L.C. (Indoor Football), appeals from the Nebraska Workers' Compensation Court's award of benefits to Aldwin R. Foster-Rettig. On appeal, Indoor Football asserts that the compensation court erred in calculating Foster-Rettig's average weekly wage. For the reasons set forth herein, we affirm the decision of the compensation court.

         BACKGROUND

         On April 28, 2014, Foster-Rettig was playing football for the Omaha Beef football team when he suffered a back injury. As a result of the injury incurred by Foster-Rettig, he was unable to continue to play football and was ultimately placed on an "injured reserve" status by the Omaha Beef football team for the remainder of the season. He remains unable to [25 Neb.App. 553] play football; however, he has since found employment in a different capacity. Although it is not entirely clear from our record, it appears as though the Omaha Beef football team was owned by Indoor Football and, as such, Foster-Rettig was an employee of Indoor Football when he was playing for the Omaha Beef football team.

         Foster-Rettig subsequently filed a claim in the compensation court alleging that he was entitled to disability benefits from Indoor Football as a result of his work-related injury. After a trial, the compensation court entered an award in favor of Foster-Rettig, awarding him both temporary total disability ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.