Teague v. City of Omaha

Nebraska Supreme Court

Teague v. City of Omaha

320 N.W.2d 779, 211 Neb. 872, 1982 Neb. LEXIS 1141

Nebraska Supreme Court·Decided June 11, 1982·No. 82-117·Published·Cited by 4 cases

Opinion

Per Curiam.

The instant appeal from the Nebraska Workmen’s Compensation Court involves the issue as to whether payment by the City of Omaha of disability pension benefits under an unenforceable ordinance in lieu of workmen’s compensation benefits estops the City from asserting the statute of limitations as a defense. Our opinion in Kohlbeck v. City of Omaha, ante p. 372, 318 N.W.2d 742 (1982), is dispositive of the issue. Such payments did not toll the period of limitations and the City of Omaha is not estopped from asserting the period of limitations as a defense. The award of the Nebraska Workmen’s Compensation Court is reversed and the action dismissed.

Reversed and dismissed.

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Per Curiam.

The instant appeal from the Nebraska Workmen’s Compensation Court involves the issue as to whether payment by the City of Omaha of disability pension benefits under an unenforceable ordinance in lieu of workmen’s compensation benefits estops the City from asserting the statute of limitations as a defense. Our opinion in Kohlbeck v. City of Omaha, ante p. 372, 318 N.W.2d 742 (1982), is dispositive of the issue. Such payments did not toll the period of limitations and the City of Omaha is not estopped from asserting the period of limitations as a defense. The award of the Nebraska Workmen’s Compensation Court is reversed and the action dismissed.

Reversed and dismissed.

Teague v. City of Omaha, 320 N.W.2d 779, 211 Neb. 872, 1982 Neb. LEXIS 1141 (Neb. 1982).

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Opinion

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