Franzen v. Blakley

Simmons,-C. J.

This is an action to recover benefits under the pro vision of section 48-128, R. S. Supp., 1951, the second-injury provision of the Workmen’s Compensation Act. The matter was heard before one judge of the compensation court, before the compensation court sitting en banc, and on appeal before the district court. Plaintiff prevailed. The State appeals. We affirm the judgment of the district court. Plaintiff cross-appeals asking for attorney’s fees. We deny the cross-appeal.

The action was originally brought against plaintiff’s employer (a cafe operator), his insurance carrier, and…