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Deleon v. Reinke Mfg. Co.
287 Neb. 419
Neb.
2014
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Background

  • Deleon suffered injuries in 2009 while employed by Reinke Mfg. Co.
  • A 2010 workers’ compensation award covered physical injuries and a compensable depression.
  • Deleon later sought enforcement of PTD benefits and a waiting-time penalty plus attorney fees.
  • December 3, 2012, the court ordered PTD through Aug. 30, 2012, and awarded penalties/fees.
  • The court also ordered a loss-of-earning-capacity/vocational-rehabilitation evaluation but stated no ultimate entitlement would be decided then.
  • Reinke appealed, challenging both the enforcement order and the evaluation-order, asserting jurisdiction and finality issues.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Jurisdiction over the vocational rehabilitation evaluation order Deleon asserts appeal lies for the December 3, 2012 order directing evaluation. Deleon lacks a final, appealable order for that evaluation. Court lacks jurisdiction; the evaluation order is dismissed.
Appealability of the enforcement order enforcing the 2010 award Deleon contends the enforcement order correctly enforces the 2010 award. (Not explicitly argued separately in opinion) Enforcement order affirmed in all respects.
Validity of waiting-time penalty and attorney fees Reinke argues penalties/fees were improper given lack of continued PTD beyond Aug. 2012. N/A in this section; court addresses merits based on the 2010 award. Penalty and attorney fees upheld based on plain language of the 2010 award.

Key Cases Cited

  • Hynes v. Good Samaritan Hosp., 285 Neb. 985 (Neb. 2013) (hearing-on-the-merits timing for appeal under changes in appellate process)
  • Pearson v. Archer-Daniels-Midland Milling Co., 285 Neb. 568 (Neb. 2013) (timing of appeals from post-2011 changes to appellate routes)
  • Selma Development v. Great Western Bank, 285 Neb. 37 (Neb. 2013) (authority cited regarding finality and review in related contexts)
  • Becerra v. United Parcel Service, 284 Neb. 414 (Neb. 2012) (appellate review standards in wage/post-award proceedings)
Read the full case

Case Details

Case Name: Deleon v. Reinke Mfg. Co.
Court Name: Nebraska Supreme Court
Date Published: Feb 14, 2014
Citation: 287 Neb. 419
Docket Number: S-13-015
Court Abbreviation: Neb.