Recent Case Law

Nebraska Workers' Compensation Decisions of Note

 

Morin v. Industrial Manpower, 13 Neb. App. 1, 687 NW2d 704 (October 19, 2004)

 
Facts:   Plaintiff filed a Petition in the Nebraska Workers' Compensation Court alleging a December 7, 2002 work accident and injury to his right ankle while employed by Industrial Manpower.  Industrial Manpower's regular business was labor brokering and it employed two such labor brokers in Nebraska.  At the time of the accident and injury, the plaintiff had been sent to a jobsite in Massachusetts to work as a pipewelder for Townsend Welding.  As such, Defendants raised the issue of jurisdiction based upon the out-of-state nature of the case.  A hearing was held for the limited purpose of determining whether Nebraska was proper jurisdiction.  The trial judge found that jurisdiction was proper and an appeal was taken.  The Review Panel affirmed the trial judge's order and the decision was appealed.

 
Issue:  1)  Whether the trial judge's order was a final order for purposes of appeal.  2)  Whether jurisdiction was proper in Nebraska.

 
Rule:  1)  A finding of jurisdiction is a final order which may be reviewed on appeal.  2) Under the loaned-servant doctrine, the loaned employee not only remains the employee of the person who loaned him but also may be the employee of the persons to whom he or she is loaned, and in such cases may look to one or to the other or to both employers for compensation.

 
Holding/Reasoning:  1)  The Court reasoned that the finding as to jurisdiction removed a complete defense and thus a substantial right was affected.  Thus, the Court found that the order was a final order for purposes of appeal.  2)  The Court found that because there was an implied contract with Townsend that the work done by plaintiff was Townsend's work and Townsend controlled the details of plaintiff's work, Townsend was an employer of the plaintiff under the Nebraska Workers' Compensation Act.   The Court further noted that Industrial Manpower provided the payroll services to plaintiff and concluded that it was plaintiff's general employer.  Accordingly, the Court held that plaintiff could receive workers' compensation benefits from Industrial Manpower under the Nebraska Workers' Compensation Act.