Lyle D. Larsen v. D B Feedyards, Inc., 264 Neb. 483

Summary

The Supreme Court of Nebraska held that D B Feedyards, Inc., was not an employer of farm or ranch laborers exempt from the Nebraska Workers' Compensation Act. Because the company operated a commercial cattle-feeding business for customers, the employee injured while roping a customer's steer was a covered employee. The court affirmed the Workers' Compensation Court's judgment.

Holdings

1. The trial judge's order, as affirmed by the review panel, was a final order because it affected D B Feedyards' substantial right by eliminating what would otherwise have been a complete defense to Larsen's claim in a special proceeding.
2. D B Feedyards was not an exempt employer under Neb. Rev. Stat. § 48-106(2) with respect to Larsen's injury; Larsen was a covered employee under the Nebraska Workers' Compensation Act.

Questions Presented

1. Whether the Workers' Compensation Court trial judge's order determining that Larsen was a covered employee was a final, appealable order.
2. Whether D B Feedyards was an employer of farm or ranch laborers exempt from the Nebraska Workers' Compensation Act under Neb. Rev. Stat. § 48-106(2).
3. Whether the nature of D B Feedyards' commercial cattle-feeding operation, rather than the particular task Larsen performed, determined whether the statutory exemption applied.

Disposition

affirmed