Bixenmann v. H. Kehm Construction

NATURE OF CASE

This appeal arises from an order of affirmance on review by the Nebraska Workers’ Compensation Court review panel. The review panel affirmed the decision of the trial court which denied Ryan Bixenmann temporary total disability (TTD) benefits during vocational rehabilitation and also denied waiting-time penalties, attorney fees, and interest. In this appeal, we must resolve an apparent inconsistency between Workers’ Comp. Ct. R. of Proc. 36 (2002) and the Nebraska Workers’ Compensation Act as to whether Bixenmann is entitled to an award of TTD benefits retroactive to…