State v. L&M Young, L.L.C., 033117 NEWC, 0011

• Case Date: March 31, 2017
• Court: Nebraska

STATE OF NEBRASKA, Plaintiff, v. L&M YOUNG, L.L.C., dba QUALITYDRY CLEANERS, Defendant. No. 0011 Doc. 217 Nebraska Workers Compensation March 31, 2017           ORDER           Julie A. Martin, Judge.          This matter came before the Court on the 22 ^nd day of March, 2017, on the State of Nebraska's Motion for Order to Show Cause and the Court's Order for Defendant to Appear and Show Cause as to why it should not be held liable pursuant to Neb.Rev.Stat. § 48-145.01(2) (Revised 2010). The State of Nebraska was represented by Assistant Attorney General Lorra O'Banion. Brad R. Young, owner of L&M Young, L.L.C., dba Quality Dry Cleaners, appeared on its behalf.          Exhibits 1 through 6 were offered by the State of Nebraska. Exhibit 7 was offered by Mr. Young. With consent from Mr. Young and leave of the Court, the State of Nebraska submitted the court reporter fees post-hearing, which the Court marked Exhibit 8. No objections were voiced to the proffered exhibits. Hence, Exhibits 1 through 8 are received into evidence.          After hearing testimony from Mr. Young, argument from the parties, and reviewing the exhibits in their entirety, the Court, being fully advised on the premises, finds as follows: Defendant L&M Young, L.L.C., dba Quality Dry Cleaners, is an employer as defined under Neb.Rev.Stat. § 48-114 and is subject to the provisions of the Nebraska Workers' Compensation Act (hereinafter, the "Act"). Defendant's policy of workers' compensation insurance was cancelled effective September 6, 2015. Defendant, by and through its owner, had notice and knowledge of the cancellation of the workers' compensation insurance as of October 8, 2015. (E2). Defendant has since secured valid workers' compensation insurance, which was effective February 28, 2017. (E7) Although eventually curing the defect, Mr. Young was...