SOTO v. STATE, DEPT. OF ROADS

No. S-04-569.

693 N.W.2d 491 (2005)

269 Neb. 337

Robert SOTO, appellant, v. STATE of Nebraska, DEPARTMENT OF ROADS, appellee.

Supreme Court of Nebraska.

February 18, 2005.


Attorney(s) appearing for the Case

James J. Paloucek, of Norman, Paloucek & Herman Law Offices, North Platte, for appellant.

Jon Bruning, Attorney General, and Tom Stine, for appellee.

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


STEPHAN, J.

The issue presented in this appeal is whether the State of Nebraska, as an employer, may be assessed a waiting-time penalty and attorney fees when payment of a portion of a workers' compensation award issued against it is delayed for more than 30 days after becoming final because of the State's compliance with the payment procedure specified in Neb.Rev.Stat. § 48-1,102 (Reissue 2004).

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