Thompson v. Kiewit Construction Co.

NATURE OF CASE

Ben Thompson appeals from the decision of a three-judge review panel of the Nebraska Workers’ Compensation Court, which affirmed the decision of a single Workers’ Compensation Court judge (trial court) granting a motion by Kiewit Construction Company (Kiewit) for an order compelling Thompson to participate in a functional capacity evaluation (FCE) with a physical therapist. For the reasons stated below, we conclude that Thompson’s appeal from the trial court to the review panel was an appeal from a nonfinal, nonappealable order, and that the review panel was without authority to…