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BREED v. INTERSTATE GLASS COMPANY

No. 38189.

196 N.W.2d 169 (1972)

188 Neb. 284

Charles Eugene BREED, Appellee, v. INTERSTATE GLASS COMPANY and National Union Insurance Companies, Appellants, Cross-Appellees, Impleaded with Glass Contractors, Inc. and Employers Commercial Union Insurance Group, Appellees, Cross-Appellants.

Supreme Court of Nebraska.

April 7, 1972.

Attorney(s) appearing for the Case

Haney, Wintroub & Haney, Omaha, for appellants.

Garvey, Nye, Crawford, Kirchner & Moylan, Omaha, Oliver O. Over, Jr., Council Bluffs, Iowa, for Charles Eugene Breed.

Cassem, Tierney, Adams & Henatsch, Omaha, for Glass Contractors, Inc.

Heard before WHITE, C. J., and SPENCER, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

SPENCER, Justice.

The issue involved in this appeal is whether apportionment of workmen's compensation benefits between successive employers is permitted in Nebraska. There is now no Nebraska statute or case authorizing or providing any formula for the apportionment of compensation benefits. The compensation judge and the district court apportioned the benefits between the two employers. Interstate Glass Company perfected this appeal. We reverse in part.

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