OBERMILLER v. PEAK INTEREST, L.L.C.

No. S-08-836.

764 N.W.2d 410 (2009)

277 Neb. 656

Jon OBERMILLER, appellant, v. PEAK INTEREST, L.L.C., doing business as Pizza Hut, and TIG Insurance Company, appellees.

Supreme Court of Nebraska.

April 23, 2009.


Attorney(s) appearing for the Case

Nicole M. Mailahn, of Jacobsen, Orr, Nelson, Lindstrom & Holbrook, P.C., L.L.O., Kearney, for appellant.

Bill Lamson, of Timmermier, Gross & Prentiss, for appellees.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, and McCORMACK, JJ.


CONNOLLY, J.

SUMMARY

After an employer or its insurer has paid compensation, Neb.Rev.Stat. § 48-137 (Reissue 2004) bars an employee's claim if the employee fails to file suit within 2 years after the last payment. This appeal addresses whether the statute of limitations begins to run when the employer or its provider mails payment or when the employee receives payment. The trial judge determined that the date the employer mails payment starts the statute...

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