Legal Opinion · Dissent

Griffin v. Drivers Management, Inc.

Nebraska Court of Appeals

Decided May 2, 2006No. A-05-995Published

1DissentCassel, Judge

I respectfully dissent from that portion of the majority opinion reversing the review panel’s determination concerning Griffin’s average weekly wage. Neb. Rev. Stat. § 48-126 (Reissue 2004) defines “wages” in two respects relevant to the case before us.

The first definition in § 48-126 — “the money rate at which the service rendered is recompensed under the contract of hiring in *736force at the time of the accident” — simply takes a weekly salary, or a monthly or annual salary converted to its weekly equivalent, and utilizes that amount. Thus, if Griffin’s weekly salary at the time of the…

2Cases cited4 opinions

  1. Sheldon-Zimbelman v. Bryan Memorial HospitalNebraska Supreme Court · 2000
  2. Newberry v. YoungsNebraska Supreme Court · 1956
  3. Nebraska Public Service Commission v. Roberts Cattle Co.Nebraska Supreme Court · 2004
  4. Mutchie v. M. L. Rawlings Ice Co.Nebraska Supreme Court · 1932

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