Hernandez v. Hawkins Construction Co.

Plaintiff, Junior Hernandez, has appealed the dismissal of his workers’ compensation claim. The compensation court found that “[considering the evidence as a whole,” Hernandez had “failed to prove preponderantly that he sustained an accident arising out of and in the course of his employment by the defendant, Hawkins Construction Company.” The sole issue on appeal is whether the dismissal is supported by the record.

“ ‘Findings of fact made by the Nebraska Workers’ Compensation Court... have the same force and effect as a jury verdict.... In testing the sufficiency of evidence to support…