Tatum v. Labor Ready, 022416 NEWC, 0016

• Case Date: February 24, 2016
• Court: Nebraska

RODGER TATUM, Plaintiff, v. LABOR READY and NEW HAMPSHIRE, INSURANCE, Defendants. No. 0016 Doc. 213 Nebraska Workers Compensation February 24, 2016           ORDER           Daniel R. Fridrich, Judge.          This matter came on for consideration on plaintiff's two motions. Plaintiff filed a Motion to File Out of Time and a Motion for Return of Attorney Fees. This Court entered an Order of Dismissal in this case on October 11, 2013. No appeal was filed by either party until plaintiff filed his Notice of Appeal on February 22, 2016.          Plaintiff requests that his Motion to File out of Time be granted on the basis of Equitable Tolling. The Nebraska Workers' Compensation Court is a court of limited jurisdiction and has only such authority as has been conferred upon it by statute by the Legislature. Dawes v. Wittrock Sandblasting & Painting, Inc., 266 Neb 526, 667 N.W.2d 167 (2003). This Court has no equity power and therefore has no power to grant the plaintiff additional time to file his appeal. Id . There is no statutory authority for the Court to enter such an...