Vencil v. Valmont Industries, Inc.

To understand Vencil’s case, and attempt to comprehend the majority’s decision, one must start with the Nebraska Workers’ *33Compensation Act and the fact that Vencil asserted alternative bases for compensability of his claim: an injury caused by a work-related accident or an occupational disease.

Neb. Rev. Stat. § 48-101 (Reissue 1988) of the act provides:

When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation therefor from his or her employer if the employee was not…