(DOWNLOAD) "David Spangler v. State Nebraska" by Supreme Court of Nebraska * eBook PDF Kindle ePub Free
eBook details
- Title: David Spangler v. State Nebraska
- Author : Supreme Court of Nebraska
- Release Date : January 17, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
The employee plaintiff-appellant, David Spangler, Sr., challenges the denial of workers' compensation benefits from his former employer, defendant-appellee State of Nebraska. His assignments of error merge to claim that the Nebraska Workers' Compensation Court erred in concluding that (1) he failed to sustain his burden of proving that his employment exertion or stress contributed in some material and substantial degree to cause the disability he suffers as the consequence of heart disease, and (2) Neb. Rev. Stat. § 18-1723 (Reissue 1987), which raises a rebuttable presumption that there is an ""in the line of duty"" cause of heart disease in certain police officers, does not apply to workers' compensation cases. We affirm. Spangler filed a petition alleging that between approximately January 3 and 19, 1986, he sustained personal injury in an accident arising out of and in the course of his employment when he, while working for the Nebraska State Patrol as a sergeant, developed heart disease resulting from the ""exertion"" of his employment. In denying liability the State answered that Spangler's condition ""was the result of the natural progression of a preexisting condition unrelated to employment.""