Nippert v. Shinn Farm Construction Co.

Dennis W. Nippert appeals the dismissal of a suit filed against his employer, Shinn Farm Construction Company, in the Nebraska Workers’ Compensation Court. Nippert seeks compensation for total temporary disability and permanent partial disability suffered as a result of injuries sustained in a tornado on October 18, 1979.

A single judge of the compensation court found, under the “act of nature” doctrine, that the accident which caused Nippert’s injury did not “arise out of” his employment as required for recovery under the Workers’ Compensation Act, Neb. Rev. Stat. § 48-101 (Reissue 1984). On…