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Legal Opinion

Gebhard v. Dixie Carbonic

Nebraska Supreme Court

Decided May 4, 2001No. S-00-820PublishedCited by 8 opinions

1Opinion of the CourtGerrard, J.

We are presented in this case with the issue whether a person is an employee for purposes of the Nebraska Workers’ Compensation Act when that person is injured during a preemployment physical examination.

FACTS

In October 1998, Rayma Gebhard responded to an advertisement in the newspaper for a position as a laborer working on the line at Dixie Carbonic in Beatrice, Nebraska. Gebhard testified that she spoke with a manager at Dixie Carbonic about potential employment with the company. The Workers’ Compensation Court found, and Gebhard agrees, that Gebhard was given a conditional offer of…

2Cases cited13 opinions

  1. Lotspeich v. Chance Vought AircraftCourt of Appeals of Texas · 1963
  2. Stephens v. Celeryvale Transport, Inc.Nebraska Supreme Court · 1979
  3. Schweitzer v. American National Red CrossNebraska Supreme Court · 1999
  4. Younger v. City and County of DenverSupreme Court of Colorado · 1991
  5. Kaiser v. Millard Lumber, Inc.Nebraska Supreme Court · 1999

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3Cited by8 opinions

  1. Foote v. O'Neill PackingNebraska Supreme Court · 2001
  2. Thornton v. Grand Island Contract CarriersNebraska Supreme Court · 2001
  3. Torres v. Aulick Leasing, Inc.Nebraska Supreme Court · 2001
  4. Nerison v. National Fire Ins. Co.Nebraska Court of Appeals · 2008
  5. Smith v. Goodyear Tire and Rubber Co.Nebraska Court of Appeals · 2001

3 more not listed; retrieve them via the Exa API.

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