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HEESCH v. SWIMTASTIC SWIM SCHOOL

No. A-12-140.

823 N.W.2d 211 (2012)

20 Neb. App. 260

Lorina HEESCH, appellant, v. SWIMTASTIC SWIM SCHOOL and Technology Insurance Company, its workers' compensation insurance carrier, appellees.

Court of Appeals of Nebraska.

October 30, 2012.

Attorney(s) appearing for the Case

Terrence J. Salerno , Omaha, for appellant.

Justin High , of McAnany, Van Cleave & Phillips, P.C., Omaha, for appellees.

IRWIN, SIEVERS, and PIRTLE, Judges.

SIEVERS, Judge.

The primary question before us is whether the Nebraska Workers' Compensation Court can compel the plaintiff's private health insurer, which was awarded its subrogation interest for payments it made on the plaintiff's behalf, to pay an attorney fee to the plaintiff's attorney. We answer that question in the negative, because in this case, Blue Cross Blue Shield (BC/BS), the holder of the subrogation interest...

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