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EVERSON v. O'KANE

No. A-01-1122.

643 N.W.2d 396 (2002)

11 Neb. App. 74

David EVERSON, Appellant, v. Mark O'KANE, doing business as Heartland Refrigeration, Appellee.

Court of Appeals of Nebraska.

April 16, 2002.

Attorney(s) appearing for the Case

Phillip G. Wright, of Quinn & Wright, Omaha, for appellant.

John K. Green, Omaha, of Pickens, Green & Gleason, L.L.P., for appellee.

IRWIN, Chief Judge, and HANNON and INBODY, Judges.

HANNON, Judge.

David Everson appeals from the dismissal of his petition for workers' compensation benefits from Mark O'Kane, doing business as Heartland Refrigeration, upon the basis that a claim due to an accident occurring on October 3, 1996, was barred by the 2-year statute of limitations provided in Neb.Rev.Stat. § 48-137 (Reissue 1998). Everson sought to toll the statute of limitations by pleading that O'Kane had failed to file a report of injury based...

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