Smith v. Mark Chrisman Trucking Inc.

S-12-0754, William Jerry Smith (Appellant) v. Mark Chrisman Trucking, Inc.

Nebraska Workers’ Compensation Court, Judge Michael K. High

Attorneys: Michael W. Meister (Appellant) --- Carla S. Ideus (Baylor Evnen LLP)

Civil: Right to benefits/loss of earning power calculation

Proceedings below: The trial court granted Appellee’s motion for summary judgment and thus denied Appellant’s right to a determination of his losses based upon an earning power analysis.

Issues: The trial court erred in granting Defendants' Motion for Summary Judgment in contravention of the beneficent purpose of the act denying Appellant the right to seek benefits based upon an earning power loss.