Hull v. Aetna Insurance

Darrell D. Hull appeals the determination of the three-judge review panel of the Nebraska Workers’ Compensation Court that the trial judge was clearly wrong in determining the average weekly wage of Hull.

In Hull’s first appearance before this court, on a petition for further review, we held that a self-employed claimant’s average weekly wage under Neb. Rev. Stat. § 48-121(2) (Reissue 1993) shall be based upon the claimant’s gross income less business expenses, i.e., net income. Hull v. Aetna Ins. Co., 247 Neb. 713, 529 N.W.2d 783 (1995) (Hull I). Upon further consideration, we now hold that a…