STATE OF NEBRASKA, Plaintiff,
v.
GREGORY KOELLNER AND GREGORY KOELLNER D/B/A KOELLNER ENTERPRISES, Defendants.,
No. 0189
DOC. 220
Nebraska Workers' Compensation
March 11, 2021
Gregory Koellner, D/B/A Koellner Enterprises, Amanda Phillips
Assistant Attorney General.
ORDER
Dirk
V. Block, Judge.
This
matter came before the Court on the 1st day of
March, 2021, on the State of Nebraska's Motion for Order
to Show Cause and the Court's Amended Order for
Defendants to Appear and Show Cause as to why they should not
be held liable pursuant to Neb. Rev. Stat. § 48-145. The
State of Nebraska was represented by Assistant Attorney
General Amanda M. Phillips. No one appeared on behalf of
Gregory Koellner d/b/a Koellner Enterprises. The records show
Defendants were properly served and noticed via designated
delivery on December 2, 2020. (E13) The Court also waited
approximately ten (10) minutes before starting the hearing to
give Defendants additional time to appear.
Exhibits
1 through 4 were offered by the State of Nebraska, and were
received. The testimony of Becky Sudik, the Nebraska
Workers' Compensation Court Compliance Examiner, was
heard. The matter was then taken under advisement. After
hearing testimony, reviewing the evidence received by the
Court, and considering the argument of the State of Nebraska,
the Court, being fully advised on the premises, finds as
follows:
1.
Gregory Koellner does business as Koellner Enterprises,
(hereinafter referred to as "Koellner" or
"Defendants") and its principal place of business
is currently located at 815 W. Furry Street, Holyoke,
Colorado 80734. Previously, its principal place of business
was located at 1048 Park Street, Imperial, Nebraska 69033.
(El, E13)
2.
Gregory Koellner is the only owner of Koellner and has the
authority to secure its workers' compensation insurance.
(El)
3.
Koellner, 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").
4.
Koellner's, policy of...