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VARELA v. FISHER ROOFING CO., INC.

No. A-96-1069.

567 N.W.2d 569 (1997)

5 Neb. App. 722

Catalino VARELA, Appellee and Cross-Appellant, v. FISHER ROOFING CO., INC., and Union Insurance Company, Appellants and Cross-Appellees.

Court of Appeals of Nebraska.

May 20, 1997.

Attorney(s) appearing for the Case

Dallas D. Jones and Thomas B. Wood, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for Appellant Fisher Roofing Co., Inc.

Robert M. Brenner, of Robert M. Brenner Law Offices, Gering, for Appellee.

IRWIN, SIEVERS, and MUES, JJ.

SIEVERS, Judge.

While working as a laborer and roofer, Catalino Varela fell and fractured his right ankle. At that time, Varela either was preparing to engage in or was actually engaged in an arm-wrestling match with a coworker, Pastor "Tony" Gonzales. The Workers' Compensation Court awarded Varela workers' compensation benefits. Fisher Roofing Co., Inc., and its workers' compensation insurance carrier, Union Insurance Company, appealed to a three-judge review panel...

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