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GEBHARD v. DIXIE CARBONIC

No. S-00-820.

625 N.W.2d 207 (2001)

261 Neb. 715

Rayma GEBHARD, Appellant, v. DIXIE CARBONIC, Appellee.

Supreme Court of Nebraska.

May 4, 2001.

Attorney(s) appearing for the Case

Martin V. Linscott, of Harris Law Offices, Lincoln, for appellant.

Joseph W. Grant, of Gaines, Pansing & Hogan, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

We are presented in this case with the issue whether a person is an employee for purposes of the Nebraska Workers' Compensation Act when that person is injured during a pre-employment physical examination.

FACTS

In October 1998, Rayma Gebhard responded to an advertisement in the newspaper for a position as a laborer working on the line at Dixie Carbonic in Beatrice, Nebraska. Gebhard testified that she spoke with a manager at Dixie Carbonic...

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