Davis v. Crete Carrier Corp‪.‬

Wright, Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ. Nature of Case John Davis filed a motion in the nebraska Workers' Compensation Court against Crete Carrier Corporation and its workers' compensation insurer, transportation Claims, Inc. (collectively Crete Carrier). Davis sought to assess waiting-time penalties, interest, and attorney fees pursuant to neb. rev. stat. § 48-125 (reissue 2004). Davis alleged that Crete Carrier unilaterally stopped paying temporary total disability benefits awarded under a February 2, 1993, award on rehearing. Davis asserted entitlement to ongoing temporary total disability benefits from the time his temporary total disability benefits were stopped until the hearing on the motion, or at least when he filed the motion. The single judge denied Davis' motion. Davis appealed and Crete Carrier cross-appealed to the compensation court three-judge review panel, which reversed. The review panel held, citing ITT Hartford v. Rodriguez,1 Starks v. Cornhusker Packing Co.,2 and Hagelstein v. Swift-Eckrich,3 that there must be a hearing to terminate benefits and that benefits may not be summarily terminated, as was done in this case.