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ALLEN v. IMMANUEL MEDICAL CENTER

No. S-08-996.

767 N.W.2d 502 (2009)

278 Neb. 41

Sharon H. ALLEN, appellant, v. IMMANUEL MEDICAL CENTER, appellee.

Supreme Court of Nebraska.

July 2, 2009.

Attorney(s) appearing for the Case

Jerold V. Fennell, Elm Grove, WI and Michael J. Dyer, of Dyer Law, P.C., L.L.O., Omaha, for appellant.

Patrick R. Guinan, of Erickson Sederstrom, P.C., Omaha, for appellee.

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

STEPHAN, J.

The issue presented by this appeal is whether an award of the Workers' Compensation Court providing for periodic disability payments which is filed in a district court pursuant to Neb.Rev.Stat. § 48-188 (Cum. Supp. 2008) may become dormant. We conclude that it may and that the date on which the award becomes dormant is computed from the date it is filed in district court.

BACKGROUND

Sharon H. Allen injured her back in 1985 during...

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