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.

Moss v. C&A Industries

Court of Appeals of Nebraska

May 8, 2018

Willie Moss, also known as Lamont Kirkland, appellee,
v.
C&A Industries, doing business AS AURSTAFF TEMPORARY AGENCY, EMPLOYER, APPELLANT.

          1. Evidence: Records: Appeal and Error. A bill of exceptions is the only vehicle for bringing evidence before an appellate court; evidence which is not made a part of the bill of exceptions may not be considered.

         2. Judicial Notice: Records. Papers requested to be judicially noticed must be marked, identified, and made a part of the record.

         3. Judicial Notice: Appeal and Error. The trial court's ruling should state and describe what it is the court is judicially noticing. Otherwise, a meaningful review of its decision is impossible.

         4. Workers' Compensation: Appeal and Error. Pursuant to Neb. Rev. Stat. § 48-185 (Cum. Supp. 2016), 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.

         5. __: __. Findings of fact made by the Workers' Compensation Court have the same force and effect as a jury verdict and will not be set aside unless clearly erroneous.

         6. Workers' Compensation: Evidence: Appeal and Error. When testing the sufficiency of the evidence to support findings of fact made by the Workers' Compensation Court trial judge, the evidence must be considered in the light most favorable to the successful party and the successful party will have the benefit of every inference reasonably deducible from the evidence.

          [25 Neb.App. 878] 7. Workers' Compensation: Appeal and Error. An appellate court is obligated in workers' compensation cases to make its own determinations as to questions of law.

         8. Workers' Compensation: Proof. To obtain a modification of an award, an applicant must prove, by a preponderance of evidence, that the increase or decrease in incapacity was due solely to the injury resulting from the original accident.

         9. __: __ . To obtain a modification of a prior award, the applicant must prove there exists a material and substantial change for the better or worse in the condition-a change in circumstances that justifies a modification, distinct and different from the condition for which the adjudication had been previously made.

         10. Workers' Compensation. Whether an applicant's incapacity has increased under the terms of Neb. Rev. Stat. § 48-141 (Reissue 2010) is a finding of fact.

         11. Workers' Compensation: Expert Witnesses. Although a claimant's medical expert does not have to couch his or her opinion in the magic words "reasonable medical certainty" or "reasonable probability, " the opinion must be sufficient to establish the crucial causal link between the claimant's injuries and the accident occurring in the course and scope of the claimant's employment.

         12. Expert Witnesses: Physicians and Surgeons: Appeal and Error. An appellate court examines the sufficiency of a medical expert's statements from the expert's entire opinion and the record as a whole.

         13. Workers' Compensation: Expert Witnesses: Physicians and Surgeons. The Workers' Compensation Court is the sole judge of the credibility and weight to be given medical opinions, even when the health care providers do not give live testimony.

         14. __: __: __. Resolving conflicts within a health care provider's opinion rests with the Workers' Compensation Court, as the trier of fact.

         15. Workers' Compensation: Evidence: Appeal and Error. If the record contains evidence to substantiate the factual conclusions reached by the trial judge in workers' compensation cases, an appellate court is precluded from substituting its view of the facts for that of the compensation court.

         16. Workers' Compensation: Proof. To establish a change in incapacity under Neb. Rev. Stat. § 48-141 (Reissue 2010), an applicant must show a change in impairment and a change in disability.

         17. Workers' Compensation: Words and Phrases. In a workers' compensation context, impairment refers to a medical assessment, whereas disability relates to employability.

          [25 Neb.App. 879] Appeal from the Workers' Compensation Court: Daniel R. Fridrich, Judge. Reversed and remanded for further proceedings.

          Jill Hamer Conway, of Prentiss Grant, L.L.C., for appellant.

          Terrence J. Salerno and Danny C. Leavitt for appellee.

          Moore, Chief Judge, and Inbody and Bishop, Judges.

          Moore, Chief Judge.

         INTRODUCTION

         C&A Industries, doing business as Aurstaff Temporary Agency (the Appellant), appeals from the order of the Nebraska Workers' Compensation Court which entered a further award of benefits to Willie Moss, also known as Lamont Kirkland (Kirkland). For the ...


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.