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VARELA v. FISHER ROOFING CO., INC.

No. S-96-1069.

572 N.W.2d 780 (1998)

253 Neb. 667

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

Supreme Court of Nebraska.

January 2, 1998.

Attorney(s) appearing for the Case

Dallas D. Jones, Thomas B. Wood, and Darin J. Lang, of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for appellant Fisher Roofing Co.

Robert M. Brenner, of Robert M. Brenner Law Office, Gering, for appellee.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.

WHITE, Chief Justice.

Fisher Roofing Co., Inc., and its insurance carrier, Union Insurance Company, appeal an award to Fisher's employee, Catalino Varela, from a review panel of the Nebraska Workers' Compensation Court. The award arose out of a foot injury Varela sustained while engaged in, or preparing to engage in, an arm-wrestling match with a coworker. The Nebraska Court of Appeals affirmed the award to Varela. We granted further review.

Varela was working...

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