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KAIMAN v. MERCY MIDLANDS MED. & DENTAL PLAN

No. A-90-435.

491 N.W.2d 356 (1992)

Howard A. KAIMAN, Appellant, v. MERCY MIDLANDS MEDICAL AND DENTAL PLAN and Michael Lawler, Trustee, Appellees.

Court of Appeals of Nebraska.

May 19, 1992.

Attorney(s) appearing for the Case

Jon B. Abbott, Omaha, for appellant.

Jon S. Reid, of Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellees.

SIEVERS, C.J., and HANNON and WRIGHT, JJ.

SIEVERS, Chief Judge.

This appeal presents the first impression issue of whether a health care insurer who is reimbursed as the result of an injured employee's successful workers' compensation suit is obligated to pay attorney fees to the employee's attorney.

This case comes to us after the district court for Douglas County sustained the demurrer of Mercy Midlands Medical and Dental Plan and its trustee (Mercy Midlands). In reviewing an order sustaining a...

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