Carr v. Ganz

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Carr v. Ganz

Case Number
A-17-0161
Court Number
Douglas
Call Date
December 12, 2017
Case Time
1:00 PM
Case Summary

A-17-161, Carr (Appellant) v. Ganz d/b/a G&H Farms

 Workers’ Compensation Court, Judge Michael Fitzgerald

Attorney for Appellant: Ryan C. Holsten (Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.) 

Attorney for Appellee:  John W. Iliff, Adam J. Wachal (Gross & Welch, P.C., L.L.O.)

Workers’ Compensation Action: Compensability of Employee’s Injury; Jurisdiction

Action Taken by Trial Court:  The trial court held that the appellee Ganz d/b/a Ganz Farms was not liable for the cost of appellant Carr’s coronary artery bypass surgery.

Assignments of Error on Appeal:  Appellant Carr contends the trial court erred when it determined that his medically necessary cardiac care to treat a stipulated, compensable injury was not compensable under Neb. Rev. Stat. § 48-120 (Cum. Supp. 2016). The Court of Appeals has ordered the parties to brief the issue of whether the workers’ compensation court’s December 23, 2016, order was a final appealable order, specifically whether the court’s order reserved some issues for later determination or if the court’s silence must be construed as a denial of the outstanding requests. 

Case Location
Lincoln
Court Type
WCC
Schedule Code
A2
Panel Text
Moore, Chief Judge, Inbody, and Bishop, Judges