Recent Case Law

Nebraska Workers' Compensation Decisions of Note

 

Beaman v. Federated Insurance Co., 2004 WL 51217 (Neb. App.).  (January 13, 2004)

 
Facts:  Plaintiff suffered a work accident and injury on June 10, 1999 with his employer Hank Buis Construction Co. (Buis).  At the time of the accident he worked as a handyman for Buis.  Plaintiff also operated his own painting business and would place bids on jobs which Buis was the general contractor.  At the time of the accident, Buis was the general contractor for a swimming pool project.  Plaintiff was performing both handyman work and painting bid work for the project.  The trial court found that at the time of the accident, plaintiff was an independent contractor and not an employee.  Review Panel affirmed.  Plaintiff appealed.

 
Issue:  Whether plaintiff was an independent contractor or an employee entitled to workers' compensation benefits.


Rule:  Analysis must be narrowed to look at the activity that the plaintiff was "actually performing at the time of the accident, not on the date of the accident."

 
Holding/Reasoning:  The court found that the trial court erred because it focused on what plaintiff's status was on the day of the accident rather than at the precise time of the accident.  Plaintiff wore two "hats" while working for Buis, and did so on the same day.  Evidence supported permissible inference that plaintiff was working as a handyman at the time of the accident.  Reversed and remanded to trial judge for new decision in line with Rule 11 and which considers all the evidence.