Moyers v. International Paper Company

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Moyers v. International Paper Company

Case Number
A-17-0008
Court Number
WCC
Call Date
October 10, 2017
Case Time
1:00 PM
Case Summary

A-17-0008, Morton Moyers v. International Paper Company and One Republic Insurance Company (Appellants)

Nebraska Workers’ Compensation Court

Attorney for Appellant:  Timothy E. Clarke, Thomas B. Shires (Baylor, Evnen, Curtiss, Grimit, & Witt, LLP)

Attorney for Appellee:  Terry M. Anderson, David M. O’Neill (Hauptman, O’Brien, Wolf, & Lathrop, P.C.)

Civil Action:  Determination of workers’ compensation benefits

Action Taken by Trial Court:  The trial court found Appellee sustained an aggravation to a pre-existing condition through long-term exposure to paper dust arising out of and in the course of his employment, resulting in an occupational disease. The court found Appellee’s loss of earning capacity was 100 percent and that he was entitled to receive permanent total disability benefits except during the period of time in which he was entitled to receive temporary total disability benefits.

Assignments of Error on Appeal:  Did the court err in analyzing Appellee’s injury as an occupational disease rather than a repetitive trauma? Did the court err in finding Appellee sustained his burden of proof? Did the court err in overruling Appellants’ objections to certain exhibits? Did the court err in sustaining Appellee’s objection to Exhibit 32 for rebuttal purposes? Did the court err in overruling Appellants’ motion to quash? Did the court err in finding Appellee sustained permanent total disability? 

Case Location
Lincoln
Schedule Code
A2
Panel Text
Inbody, Pirtle, and Riedmann, Judges