Glantz v. City of Lincoln, 140 Neb. 515

Summary

The Nebraska Supreme Court held that a Works Progress Administration worker injured while performing a city-sponsored project was not an employee of the City of Lincoln under Nebraska’s workers’ compensation law. Because the WPA controlled the worker’s employment, compensation, hours, supervision, and discharge, the city was not liable for workers’ compensation benefits.

Holdings

1. Glantz was not an employee of the City of Lincoln because the Works Progress Administration employed him, fixed his hours, wages, and labor classification, controlled his work, and had the authority to discharge him.
2. The court did not reach the accident-and-injury issue because Glantz was not an employee of the City of Lincoln.

Questions Presented

1. Whether Glantz was an employee of the City of Lincoln for purposes of Nebraska's workers' compensation law when he worked on a city-sponsored WPA project but was employed, paid, and controlled by the WPA.
2. Whether the city's limited involvement in directing the manner of work made it liable for workers' compensation benefits.

Disposition

affirmed