State v. Koellner, 031121 NEWC, 0189

Case DateMarch 11, 2021
CourtNebraska
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...

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