(DOWNLOAD) "Junior Hernandez v. Hawkins Construction" by Supreme Court of Nebraska ~ Book PDF Kindle ePub Free
eBook details
- Title: Junior Hernandez v. Hawkins Construction
- Author : Supreme Court of Nebraska
- Release Date : January 28, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff, Junior Hernandez, has appealed the dismissal of his workers' compensation claim. The compensation court found that
"considering the evidence as a whole," Hernandez had "failed to prove preponderantly that he sustained an accident arising
out of and in the course of his employment by the defendant, Hawkins Construction Company." The sole issue on appeal is whether
the dismissal is supported by the record. "Findings of fact made by the Nebraska Workers' Compensation Court . . . have the same force and effect as a jury verdict
. . . . In testing the sufficiency of evidence to support findings of fact made by the Nebraska Workers' Compensation Court
. . . the evidence must be considered in the light most favorable to the successful party. . . . Factual determinations by
the Workers' Compensation Court will not be set aside . . . unless such determinations are clearly erroneous. Regarding facts
determined and findings made . . . in the Workers' Compensation Court, § 48-185 precludes the [appellate court's]
substitution of its view of facts for that of the Workers' Compensation Court if the record contains evidence to substantiate
the factual Conclusions reached by the Workers' Compensation Court. . . . As the trier of fact, the Nebraska Workers' Compensation
Court is the sole Judge of the credibility of witnesses and the weight to be given testimony."