Everson v. O'KANE

Hannon, Judge.

David Everson appeals from the dismissal of his petition for workers’ compensation benefits from Mark O’Kane, doing business as Heartland Refrigeration, upon the basis that a claim due to an accident occurring on October 3, 1996, was barred by the 2-year statute of limitations provided in Neb. Rev. Stat. § 48-137 (Reissue 1998). Everson sought to toll the statute of limitations by pleading that O’Kane had failed to file a report of injury based upon Neb. Rev. Stat. § 48-144.04 (Reissue 1998), which provides that the statute of limitations does not begin to run until the employer…