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TAPIA-REYES v. EXCEL CORP.

No. S-10-474.

793 N.W.2d 319 (2011)

281 Neb. 15

Jesus TAPIA-REYES, appellee, v. EXCEL CORPORATION, appellant.

Supreme Court of Nebraska.

January 21, 2011.

Attorney(s) appearing for the Case

James D. Hamilton and Amanda A. Dutton , of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., for appellant.

Jesus Tapia-Reyes , pro se.

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

McCORMACK, J.

NATURE OF CASE

Jesus Tapia-Reyes suffered a permanent injury to his back while working as a loader for Excel Corporation (Excel). After 8 years of working in a different position offered by Excel to accommodate his physical restrictions, Tapia-Reyes was fired for an alleged act of sexual harassment of a coworker. After that, he filed his workers' compensation claim, which had been tolled by Excel's voluntary medical and partial disability payments...

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