GILBERT v. SIOUX CITY FOUNDRY

No. 87-281.

422 N.W.2d 367 (1988)

228 Neb. 379

Brent F. GILBERT, Appellant and Cross-Appellee, v. SIOUX CITY FOUNDRY, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

April 29, 1988.


Attorney(s) appearing for the Case

LeRoy J. Sturgeon of Smith & Smith, Sioux City, Iowa, for appellant and cross-appellee.

Francis L. Goodwin, Sioux City, Iowa, for appellee and cross-appellant.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.


FAHRNBRUCH, Justice.

Brent F. Gilbert, plaintiff, appeals a majority decision of a Workers' Compensation Court panel that reduced the award plaintiff received from a single workers' compensation judge. Sioux City Foundry cross-appeals.

We hold that the findings and award of the workers' compensation panel were clearly wrong and that plaintiff's petition for compensation should be dismissed.

Plaintiff claims the panel erred in three particulars: (1...

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