Nuttleman v. G.I. Trailer, Inc., 083107 NEWC, 0685

• Case Date: August 31, 2007
• Court: Nebraska

JERRY R. NUTTLEMAN, Plaintiff, v. G.I. TRAILER, INC., Defendant. No. 0685 DOC 206 Nebraska Workers Compensation August 31, 2007           Ellen A. Deaver Ryan C. Holsten, Attorneys at Law           Amanda A. Dutton David A. Dudley, Attorneys at Law           CONCURRENCE           Ronald L. Brown, JUDGE          I concur with the majority but write separately to further express concern regarding application of the majority opinion in Scott v. Drivers Mgmt., 14 Neb.Ct.App. 630, 714 N.W.2d 23 (2006), and agree with the dissent of Judge Irwin which reflected the interpretation of Canas v. Maryland Casualty Co., 236 Neb. 164, 459 N.W.2d 533 (1990) by our judges and the regular practitioners in the Court. In many trades – most construction trades, truck driving immediately comes to mind – weather conditions regularly interrupt the schedule and are a fact of life which employers and employees work around. To automatically exclude any workweek less than 40 hours ignores the reality that workweeks less than 40 hours are regularly a normal workweek just as a make-up week of 40 hours plus...