Hayes v. University of Nebraska-Lincoln, 110216 NEWC, 0061

• Case Date: November 02, 2016
• Court: Nebraska

DAVID HAYES, Plaintiff, v. UNIVERSITY OF NEBRASKA-LINCOLN, A POLITICAL SUBDIVISION OF THE STATE OF NEBRASKA, Defendant. No. 0061 Doc. 215 Nebraska Workers Compensation November 2, 2016           ORDER           Laureen Van Norman, Judge          This matter came before the Court on August 10, 2016, and was continued to August 31, 2016, for the introduction of additional evidence and testimony. Before the Court is the Plaintiff's Motion to Compel Payment of Settlement Proceeds and Motion to compel Neb. Rev. Stat. § 48-125 Waiting-Time Penalty, Attorney Fees, Costs and Interest.          An Application for Lump Sum Settlement was filed herein June 3, 2016. In pertinent part, the parties agreed plaintiff would receive $150,000.00 in indemnity benefits. Medical benefits were left open. An Order approving the application was entered by this court on June 24, 2016.          Due to apparent confusion concerning the address of plaintiff's attorney, a check from defendant was not received by plaintiff until July 28, 2016. The correct address of plaintiff's attorney is shown on the lump sum settlement documents and was provided by email to Gallagher Bassett by defense counsel on July 8, 2016. Exhibit 4 is a check issued to plaintiff and counsel by Gallagher Bassett on July 8, 2016. A stamp indicating "Received July 18, 2016 Gallaher ( sic ) Bassett Services Oklahoma City Branch 132" appears on Exhibit 4 as well. The parties have also provided emails in Exhibit 8 explaining that the check was returned to Gallagher as it was sent to an old address for Ms. Israel. An additional ten days elapsed before the check arrived at Ms. Israel's office on July 28, 2016. The check was for $49,999.99. Defendant apparently unilaterally determined the amount.          Two statutes must be considered to resolve the issues presented. First is Neb. Rev. Stat. § 48-125(1)(b):

Fifty percent shall be added for waiting time for all delinquent payments after thirty days' notice has been given of disability or after thirty days from the entry of a final order, award, or judgment of the Nebraska Workers' Compensation Court, except that for any

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