Sellers v. Reefer Systems, Inc.
Annotate this Case
In this workers' compensation case, the Supreme Court reversed the judgment of the court of appeals denying Employee's motion for attorney fees for his counsel's appellate work, holding that the affidavit submitted by Employee's attorney sufficiently justified under Neb. Ct. R. App. P. 2-109(F) reasonable attorney fees to which Employee had a statutory right.
Employee was awarded permanent total disability benefits. Employer appealed the award to the court of appeals, which affirmed the award in all respects. Employee then filed a motion for an award of reasonable attorney fees under Neb. Rev. Stat. 48-125(4)(b) for the reason that Employer appealed the trial court's decision and there was no reduction in the amount of the award on appeal. Attached to the motion was the affidavit of Employee's counsel who worked on the appeal. The court of appeals denied the motion on the ground that the affidavit did not provide sufficient information to justify the reasonableness of the attorney fees sought. The Supreme Court reversed, holding that the affidavit contained sufficient justification of the extent and value of the appellate attorney services to make a meaningful determination of the amount of "reasonable" attorney fees to which Employee was entitled.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.