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Saturday, December 28, 2013

Nebraska Appeal Dismissed - Failure to Exhaust Remedies

The failure to exhaust administrative remedies terminated an appeal to Nebraska Spring court. Today's post is shared from

The Nebraska Supreme Court dismissed an appeal Friday in a case involving a co-op employee who suffered a traumatic brain injury when he fell off a truck's flatbed.

The high court ruled that the Aurora Cooperative had filed its appeal too early, and sent the case back to a workers' compensation court for more deliberations.

John Jacobitz, of Milligan, was injured in August 2010 while cleaning up after a customer appreciation supper. Jacobitz and two other managers dropped off a grill in a company shed, and Jacobitz hopped onto the back of the flatbed truck for a ride back to the community center where the event was held, according to court records. He fell off in Ong after riding about half a block.

The dispute at trial focused on whether Jacobitz was acting within the scope of his job duties when the accident occurred. Jacobitz and the co-op disputed whether he was asked to help host the event, or whether he was told he could come if he wished. They also disputed whether the co-op or one of its vendors had sponsored the event.

A Nebraska workers' compensation judge ruled in Jacobitz's favor on Jan. 28, saying that he believed he had to attend the event for his job or that it was within his best interests to attend. The judge had not yet decided how much to award in benefits, but the co-op appealed the case.

"We conclude that the co-op has not appealed from a final order because the trial court has determined only...

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