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MARTINEZ v. CMR CONSTR. & ROOFING OF TEXAS

No. S-18-419.

924 N.W.2d 326 (2019)

302 Neb. 618

Juan MARTINEZ, appellee, v. CMR CONSTRUCTION & ROOFING OF TEXAS, LLC, defendant and third-party plaintiff, appellant, and Rene Menjivar and Texas Mutual Insurance Company, third-party defendants, appellees.

Supreme Court of Nebraska.

Filed March 22, 2019.

Attorney(s) appearing for the Case

Benjamin E. Maxell , of Govier, Katskee, Suing & Maxell, P.C., L.L.O., Omaha, for appellant.

James R. Walz , Omaha, for appellee Juan Martinez.

Jason W. Grams and Stacy L. Morris , of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee Texas Mutual Insurance Company.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

INTRODUCTION

The Nebraska Workers' Compensation Court concluded that CMR Construction & Roofing of Texas, LLC (CMR), was a statutory employer under Neb. Rev. Stat. § 48-116 (Reissue 2010) of the Nebraska Workers' Compensation Act,1 thus requiring it to compensate Juan Martinez for injuries...

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