Legal Opinion

Maroulakos v. Walmart Assocs., Inc.

Nebraska Supreme Court

Decided July 20, 2018No. S-17-1110PublishedCited by 10 opinions

1Opinion of the CourtFunke, J.

Miko Maroulakos appeals from a Workers' Compensation Court's order, which determined his injuries did not "arise out of" his employment. At trial, Maroulakos argued only that his injury arose out of employment, because his fall resulted from a risk of employment, but on appeal, he argues that his injury arose out of employment under the "increased-danger" rule, because he fell into an industrial shelving unit. We hold Maroulakos waived this argument by failing to present it to the compensation court. Therefore, we affirm.

I. BACKGROUND

In August 2014, Maroulakos was working for Walmart…

2Cases cited10 opinions

  1. Logsdon v. ISCO CO.Nebraska Supreme Court · 2000
  2. Hintz v. Farmers Co-op Assn.Nebraska Supreme Court · 2017
  3. State v. LesterNebraska Supreme Court · 2017
  4. Potter v. McCullaNebraska Supreme Court · 2014
  5. Greenwood v. J.J. Hooligan'sNebraska Supreme Court · 2017

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3Cited by10 opinions

  1. Gallagher v. Graham (In Re Estate of Graham)Nebraska Supreme Court · 2018
  2. In re Estate of GrahamNebraska Supreme Court · 2018
  3. Jason Bluml v. Dee Jay's Inc. d/b/a Long John Silvers and Commerce & Industry Ins. Co.Supreme Court of Iowa · 2018
  4. Bower v. Eaton Corp.Nebraska Supreme Court · 2018
  5. Maroulakos v. Walmart AssociatesNebraska Supreme Court · 2018

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