HERNANDEZ v. HAWKINS CONST. CO.

No. S-91-415.

480 N.W.2d 424 (1992)

240 Neb. 129

Junior HERNANDEZ, Appellant, v. HAWKINS CONSTRUCTION COMPANY and Aetna Casualty and Surety Company, Appellees.

Supreme Court of Nebraska.

February 28, 1992.


Attorney(s) appearing for the Case

Michael D. Carper, Kearney, for appellant.

Theodore J. Stouffer and Kurt F. Tjaden of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellees.

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


HASTINGS, Chief Justice.

Plaintiff, Junior Hernandez, has appealed the dismissal of his workers' compensation claim. The compensation court found that "[c]onsidering the evidence as a whole," Hernandez had "failed to prove preponderantly that he sustained an accident arising out of and in the course of his employment by the defendant, Hawkins Construction Company." The sole issue on appeal is whether the dismissal is supported by the record.

"`Findings of...

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