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Nebraska Supreme Court Advance Sheets

311 Nebraska Reports

SPRATT v. CRETE CARRIER CORP.

Cite as 311 Neb. 262

James R. Spratt, appellant, v. Crete 

Carrier Corporation, appellee.

___ N.W.2d ___

Filed March 25, 2022. No. S-21-530.

1. Workers’ Compensation: Appeal and Error. Pursuant to Neb. Rev. 

Stat. § 48-185 (Reissue 2021), an appellate court may modify, reverse, 

or set aside a Workers’ Compensation Court decision only when (1) the 

compensation court acted without or in excess of its powers; (2) the 

judgment, order, or award was procured by fraud; (3) there is not sufficient competent evidence in the record to warrant the making of the 

order, judgment, or award; or (4) the findings of fact by the compensation court do not support the order or award.

2. Workers’ Compensation: Statutes: Appeal and Error. The meaning 

of a statute is a question of law, and an appellate court is obligated in 

workers’ compensation cases to make its own determinations as to questions of law.

3. Workers’ Compensation: Appeal and Error. In light of the beneficent 

purpose of the Nebraska Workers’ Compensation Act, the appellate 

courts have consistently given the act a liberal construction to carry out 

justly the spirit of the act.

4. Workers’ Compensation: Judgments: Time: Appeal and Error.

Subject to the power of the Nebraska Workers’ Compensation Court to 

modify or change its findings, order, award, or judgment before appeal 

and within 14 days after the date of such findings, order, award, or 

judgment, every order and award of the compensation court becomes 

conclusive and final unless an appeal has been filed within 30 days after 

the date of entry of the order or award.

5. Workers’ Compensation: Jurisdiction: Statutes. The Nebraska 

Workers’ Compensation Court is a tribunal of limited and special jurisdiction and has only such authority as has been conferred on it by statute, and its power cannot extend beyond that expressed in the statute.

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

03/25/2022 09:06 AM CDT
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SPRATT v. CRETE CARRIER CORP.

Cite as 311 Neb. 262

6. Workers’ Compensation: Statutes. The Nebraska Workers’ Compensation Court cannot modify an award unless it is statutorily authorized 

to do so.

7. Workers’ Compensation. Pursuant to Neb. Rev. Stat. § 48-162.01(7) 

(Reissue 2021), where a prior award of the Nebraska Workers’ 

Compensation Court has provided medical or physical rehabilitation 

services, the compensation court may modify the award of such services 

to the extent the court finds such modification necessary in order to 

accomplish the goal of restoring the injured employee to gainful and 

suitable employment, or otherwise required in the interest of justice.

8. Statutes: Appeal and Error. An appellate court is not at liberty to add 

language to the plain terms of a statute to restrict its meaning.

9. Actions: Appeal and Error. The law-of-the-case doctrine reflects the 

principle that an issue that has been litigated and decided in one stage of 

a case should not be relitigated at a later stage.

10. ____: ____. The law-of-the-case doctrine promotes judicial efficiency 

and protects parties’ settled expectations by preventing parties from 

relitigating settled issues within a single action.

11. Appeal and Error. Generally, absent extraordinary circumstances, a 

court should be reluctant to revisit its own prior decision or that of 

another court in a single case.

12. Waiver: Appeal and Error. Under the mandate branch of the 

law-of-the-case doctrine, a decision made at a previous stage of litigation, which could have been challenged in the ensuing appeal but was 

not, becomes the law of the case; the parties are deemed to have waived 

the right to challenge that decision.

13. ____: ____. An issue is not considered waived under the mandate 

branch of the law-of-the-case doctrine if a party did not have both an 

opportunity and an incentive to raise it in a previous appeal.

14. Workers’ Compensation: Appeal and Error. On appellate review, 

the factual findings made by the trial judge of the Nebraska Workers’ 

Compensation Court have the effect of a jury verdict and will not be 

disturbed unless clearly wrong.

Appeal from the Workers’ Compensation Court: John 

R. Hoffert, Judge. Reversed and remanded for further 

proceedings.

Brynne Holsten Puhl and Emily T. Newcomb, Senior 

Certified Law Student, of Atwood, Holsten, Brown, Deaver, 

Spier & Israel Law Firm, P.C., L.L.O.
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SPRATT v. CRETE CARRIER CORP.

Cite as 311 Neb. 262

Brenda S. Spilker and Micah C. Hawker-Boehnke, of Baylor 

Evnen, L.L.P., for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Funke, Papik, 

and Freudenberg, JJ., and Martinez, District Judge.

Cassel, J.

I. INTRODUCTION

After obtaining a workers’ compensation award granting 

medical rehabilitation services for his lumbar back, James R. 

Spratt sought modification to provide such services for his 

thoracic back. The compensation court refused—holding that 

it lacked statutory authority to do so and that even if the statute permitted modification, a principle of finality precluded 

that relief. Spratt appeals—relying now upon Neb. Rev. Stat. 

§ 48-162.01(7) (Reissue 2021). Because the court erred in both 

respects, we reverse, and remand for further proceedings.

II. BACKGROUND

We divide the background section into three parts. First, 

we recount Spratt’s back injury and his initial medical treatment. We then set forth the Nebraska Workers’ Compensation 

Court’s proceedings leading to the original award of medical 

rehabilitation services for his lumbar back. Finally, we turn 

to the crux of the instant appeal—Spratt’s request that the 

compensation court modify the original award to treat his thoracic back.

1. Injury and Initial Treatment

In November 2016, Spratt injured his back while working 

as a commercial truckdriver for Crete Carrier Corporation 

(Crete). Spratt reported severe pain and muscle spasms in his 

thoracic and lumbar back.

Spratt was initially diagnosed with a thoracic strain, prescribed medication, and referred to physical therapy. Spratt 

could not continue to work as a commercial truckdriver, 

because he could not drive for an extended period of time.
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Cite as 311 Neb. 262

Spratt’s back pain and spasms persisted for months after the 

injury, so he sought treatment from Dr. Michael Gilmore in 

May 2017. Gilmore diagnosed Spratt with spondylosis without 

myelopathy or radiculopathy of the lumbosacral region and 

pain in the thoracic spine. Gilmore later modified Spratt’s diagnosis to be lumbar facet capsulitis.

Crete requested that Spratt receive a second opinion by Dr. 

D. Kevin Donahoe. Upon examination, Donahoe diagnosed 

Spratt with a thoracic and lumbar strain, which “should be [sic] 

resolved since date of injury.”

2. Original Award

Spratt filed a petition in April 2018 with the compensation 

court, seeking treatment for his injuries. The compensation 

court held a trial on Spratt’s petition in May 2019.

At the trial, Spratt testified and the parties offered Spratt’s 

medical records into evidence. Spratt detailed his medical 

treatment regarding his injury. Spratt explained that he was still 

suffering from back pain and spasms—years after his injury. 

Finally, Spratt confirmed that his symptoms still prevented him 

from being able to work.

From Spratt’s medical records, the parties offered medical reports drafted by Gilmore and Donahoe. Both doctors 

diagnosed Spratt with a thoracic strain that had since resolved 

without any evidence of permanency. Donahoe offered no 

further discussion regarding Spratt’s ongoing pain. However, 

Gilmore opined that Spratt’s pain continued because of lumbar 

facet capsulitis.

In June 2019, the compensation court awarded temporary 

benefits to Spratt in order for him to reach maximum medical improvement (MMI). Adopting portions of Gilmore’s and 

Donahoe’s reports, the compensation court found that Spratt 

suffered a temporary thoracic strain and that he exacerbated his 

preexisting lumbar facets. However, the compensation court 

concluded that Spratt’s thoracic strain had resolved and that 

therefore, the only medical rehabilitation services that Spratt 
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Cite as 311 Neb. 262

needed to reach MMI would be for treatment of his lumbar 

back injury. Spratt did not appeal from the original award.

3. Request for Modification

In accordance with the original award, Gilmore treated 

Spratt’s lumbar back. But 6 weeks after the issuance of the 

original award, Gilmore sought permission to treat Spratt’s 

thoracic back pain and herniated thoracic disk. Crete refused 

to pay for the treatment, because it was not pursuant to the 

original award.

In November 2020, Gilmore concluded that Spratt had 

reached MMI for his lumbar back injury, but noted that Spratt 

still suffered from back pain. Gilmore opined that Spratt suffered a thoracic back injury during the original accident and 

that Spratt’s lumbar back pain was being “generat[ed]” from 

his thoracic back.

Citing Gilmore’s conclusion that Spratt had reached MMI, 

Crete moved for modification to close the open award for temporary benefits and ongoing medical benefits. Spratt responded 

by requesting the compensation court modify the original 

award so that he may receive thoracic back treatment.

Although Spratt “admit[ted]” at oral arguments that he did 

not bring a workers’ compensation statute authorizing his 

request for modification to the compensation court’s attention, 

he argued that he did not do so, because he did not anticipate 

that the court would believe it lacked authority. On appeal, 

Crete does not dispute that § 48-162.01(7), as a source of 

statutory authority, is properly before us. In pertinent part, that 

statute states:

The compensation court or judge thereof may also modify a previous finding, order, award, or judgment relating 

to physical, medical, or vocational rehabilitation services 

as necessary in order to accomplish the goal of restoring 

the injured employee to gainful and suitable employment, 

or as otherwise required in the interest of justice. 1

1 § 48-162.01(7).
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Cite as 311 Neb. 262

At the modification hearing below, the parties first stipulated that Spratt had reached MMI in his lumbar back. Spratt 

then asserted that Gilmore made a mistake in the lumbar back 

diagnosis that he provided the compensation court. Spratt presented a letter from Gilmore dated February 2021 opining that 

Spratt suffered a thoracic back injury and needed corresponding treatment. Spratt also testified that he was still suffering 

from back pain and could not work.

The compensation court declined Spratt’s request for modification and found that he had reached MMI “for his low [sic] 

back injury with no resulting permanent disability nor need 

for further medical treatment.” However, the court did not 

reach the merits of Spratt’s request for modification. Citing 

Dougherty v. Swift-Eckrich,

 2 the compensation court concluded 

that § 48-162.01(7) did not provide it with the “power to modify, amend[,] or reopen” the original award. The court further 

determined that even if a statutory basis existed, Spratt was 

“foreclosed from re-litigating the issue concerning the nature 

and extent of his thoracic injury.”

Spratt filed a timely appeal and petitioned this court to 

bypass the Nebraska Court of Appeals. Of the grounds for 

bypass specified by statute, 3 Spratt’s petition asserted only the 

existence of a “novel legal question.” 4 Crete’s response disputed that the appeal presented a novel legal question, but did 

not complain that § 48-162.01(7) was not raised below. On that 

basis, we granted bypass.

III. ASSIGNMENTS OF ERROR

Spratt assigns, restated, that the compensation court erred 

in (1) finding that it did not have the statutory authority to 

2 Dougherty v. Swift-Eckrich, 251 Neb. 333, 557 N.W.2d 31 (1996) 

(superseded by statute as stated in Hofferber v. Hastings Utilities, 282 

Neb. 215, 803 N.W.2d 1 (2011)).

3 See Neb. Rev. Stat. § 24-1106(2) (Cum. Supp. 2020).

4 § 24-1106(2)(a).
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modify the original award to treat his thoracic back, (2) finding that issue preclusion barred the modification, (3) applying “any preclusion doctrine,” (4) not finding that Gilmore’s 

misdiagnosis of his injury did not bar the modification, and 

(5) failing to apply the “unreasonable” standard set forth in 

Williams v. Dobberstein.

 5

IV. STANDARD OF REVIEW

[1] Pursuant to Neb. Rev. Stat. § 48-185 (Reissue 2021), an 

appellate court may modify, reverse, or set aside a Workers’ 

Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the 

judgment, order, or award was procured by fraud; (3) there is 

not sufficient competent evidence in the record to warrant the 

making of the order, judgment, or award; or (4) the findings 

of fact by the compensation court do not support the order 

or award. 6

[2] The meaning of a statute is a question of law, and an 

appellate court is obligated in workers’ compensation cases to 

make its own determinations as to questions of law. 7

V. ANALYSIS

Here, our review is limited. No appeal was taken from the 

original award. Thus, unless the workers’ compensation statutes provide a basis for modification, Spratt cannot prevail.

While, as Spratt essentially conceded at oral argument, he 

did not specifically mention § 48-162.01(7) in his modification pleading or in the hearing below, the compensation court 

clearly understood that the question of the statutory basis for 

Spratt’s requested relief was before it. Over several pages of 

a thoroughly written decision, the court discussed its perception that a statutory basis was lacking and the case of this 

5 Williams v. Dobberstein, 182 Neb. 862, 157 N.W.2d 776 (1968).

6 Boring v. Zoetis LLC, 309 Neb. 270, 959 N.W.2d 795 (2021).

7 Herrington v. P.R. Ventures, 279 Neb. 754, 781 N.W.2d 196 (2010).
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court upon which it primarily relied. We will turn to that 

case later.

We have said that appellate courts do not consider arguments and theories raised for the first time on appeal. 8 We have 

stated the same rule using a slightly different articulation: An 

appellate court will not consider an argument or theory that is 

raised for the first time on appeal. 9 But we have also stated that 

when an issue is raised for the first time in an appellate court, 

it will be disregarded inasmuch as a lower court cannot commit error in resolving an issue never presented and submitted 

to it for disposition. 10 This rationale focuses on the submission 

of an issue.

But here, the compensation court was presented with the 

issue of its statutory authority. Spratt could have provided 

greater assistance to the court by citing § 48-162.01(7). But 

the compensation court operates exclusively in the realm of 

workers’ compensation law. We do not view the absent citation 

below as an attempt to induce error or to gamble on a favorable result. 11

Our analysis of the issues presented on appeal begins by 

noting competing general principles, and then turns to the 

two questions directly addressed by the compensation court. 

Did the court have statutory authority to modify the original 

award to treat Spratt’s thoracic back? And, was modification 

precluded by a principle of finality?

1. Two Competing Principles

This case highlights two competing general principles 

regarding the Nebraska Workers’ Compensation Act: (1) liberal 

statutory interpretation and (2) finality.

8 In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).

9 Eletech, Inc. v. Conveyance Consulting Group, 308 Neb. 733, 956 N.W.2d 

692 (2021).

10 Id.

11 See id.
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[3] In light of the beneficent purpose of the act, the appellate courts have consistently given it a liberal construction to 

carry out justly the spirit of the act. 12 In doing so, we follow 

a principle which first used the words “beneficent” and “liberal” in 1932. 13 However, the idea can be traced back over a 

century. 14 It arose shortly after the adoption of the foundational 

statutory section. 15

But our workers’ compensation statutes also employ equally 

ancient principles of finality. One statute, closely following 

the form of its original enactment in 1913, 16 states in part, 

“All awards of compensation made by the compensation court, 

except those amounts payable periodically, shall be final and 

not subject to readjustment.” 17

Another statute, Neb. Rev. Stat. § 48-170 (Reissue 2021), 

more directly employs the principle of finality. It states, “Every 

order and award of the [compensation court] shall be binding upon each party at interest unless an appeal has been 

filed with the compensation court within thirty days after 

the date of entry of the order or award.” 18 The essence of 

this language is found in its original 1917 version. 19 Thus, 

we held in 1933 that an order denying compensation, except 

insofar as modified by the express terms of the act, was an 

12 Cleaver-Brooks, Inc. v. Twin City Fire Ins. Co., 291 Neb. 278, 865 N.W.2d 

105 (2015) (internal quotation marks omitted).

13 See Maryland Casualty Co. v. Geary, 123 Neb. 851, 244 N.W. 797 (1932).

14 See Parson v. Murphy, 101 Neb. 542, 163 N.W. 847 (1917), overruled in 

part on other grounds, Meyer v. Nielsen Chevrolet Co., 137 Neb. 6, 287 

N.W. 849 (1939).

15 See, Neb. Rev. Stat. § 48-101 (Reissue 2021); 1913 Neb. Laws, ch. 198, 

§ 1, p. 579.

16 See 1913 Neb. Laws, ch. 198, § 41, p. 597.

17 Neb. Rev. Stat. § 48-140 (Reissue 2021).

18 § 48-170.

19 See 1917 Neb. Laws, ch. 85, § 29, p. 222.
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absolute bar to a subsequent action based upon the same cause 

of action. 20

[4] We recognize that yet another statute 21 provides a 14-day 

window for modification of an award and that the language of 

§ 48-170 was amended at the time three-judge review panels 

were eliminated in 2011. 22 Thus, a rule of law we articulated 

in 2002 23 and another stated in 1997 24 must be restated in light 

of the current statutes: Subject to the power of the Nebraska 

Workers’ Compensation Court to modify or change its findings, order, award, or judgment before appeal and within 14 

days after the date of such findings, order, award, or judgment, 

every order and award of the compensation court becomes conclusive and final unless an appeal has been filed within 30 days 

after the date of entry of the order or award. 25 The Legislature’s 

repeated use of temporal limitations emphasizes the importance 

of finality in workers’ compensation cases.

These principles are reflected in the parties’ arguments here. 

Spratt encourages this court to liberally interpret the act to 

allow the modification of the original award. Crete seeks for 

this court to uphold a principle of finality to bar modification.

Recognizing the tension between these principles of liberal 

statutory interpretation and finality, we turn to Spratt’s assignments of error.

2. Statutory Authority

Spratt first assigns that the compensation court erred in finding that it did not have the statutory authority to modify the 

20 See Gray v. Burdin, 125 Neb. 547, 250 N.W. 907 (1933).

21 Neb. Rev. Stat. § 48-180 (Reissue 2021).

22 See 2011 Neb. Laws, L.B. 151, § 7.

23 See Lopez v. IBP, Inc., 264 Neb. 273, 646 N.W.2d 628 (2002).

24 See Thach v. Quality Pork International, 253 Neb. 544, 570 N.W.2d 830 

(1997).

25 See §§ 48-170 and 48-180.
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original award to treat Spratt’s thoracic back. Spratt asserts 

that the compensation court improperly relied on Dougherty 

v. Swift-Eckrich 26 and that § 48-162.01(7) authorized the compensation court to modify the original award.

[5,6] The compensation court is a tribunal of limited and 

special jurisdiction and has only such authority as has been 

conferred on it by statute, 27 and its power cannot extend 

beyond that expressed in the statute. 28 Accordingly, the compensation court cannot modify an award unless it is statutorily 

authorized to do so. 29

(a) Dougherty v. Swift-Eckrich

Spratt argues that the compensation court’s reliance on 

Dougherty v. Swift-Eckrich was improper, because it was abrogated by a statutory change to Neb. Rev. Stat. § 48-162.01(6) 

(Reissue 1998). 30 We agree.

In Dougherty v. Swift-Eckrich, this court found that the 

compensation court did not have the statutory authority to 

modify an award to fix a clerical mistake. 31 The compensation court mistakenly awarded vocational rehabilitation services based upon a quarter-based academic calendar instead 

of a semester-based academic calendar, which the injured 

employee’s educational institution used. 32 We explained that 

the act did not empower the compensation court to modify a 

previous award. 33

26 Dougherty v. Swift-Eckrich, supra note 2.

27 Smith v. Fremont Contract Carriers, 218 Neb. 652, 358 N.W.2d 211 

(1984).

28 See Hofferber v. Hastings Utilities, supra note 2.

29 See, id; Dougherty v. Swift-Eckrich, supra note 2. See, also, e.g., Neb. 

Rev. Stat. § 48-141 (Reissue 2021).

30 See, Dougherty v. Swift-Eckrich, supra note 2; 1997 Neb. Laws, L.B. 128, 

§ 4.

31 See Dougherty v. Swift-Eckrich, supra note 2.

32 See id.

33 See id.
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The Legislature responded to Dougherty v. Swift-Eckrich 

by adding language, first codified in § 48-162.01(6), to allow 

the compensation court to modify a previous award for physical, medical, or vocational rehabilitation services. 34 The 

Legislature explained that this language was added to ensure 

the compensation court may modify an award “for the purpose 

of restoring the employee to gainful and suitable employment 

or as otherwise required in the interest of justice. This change 

[was] sought as a result of [Dougherty v. Swift-Eckrich].” 35

Later legislation moved the language to subsection (7). 36

Crete does not dispute that Dougherty v. Swift-Eckrich was 

abrogated by a statutory change. Referring to that decision, 

we have said that “the Legislature amended § 48-162.01(7) to 

permit the [compensation court] to modify previously awarded 

physical, medical, or vocational rehabilitation services.” 37

Instead, Crete argues that the compensation court’s reliance 

on the abrogated case is insignificant, because the compensation court nonetheless lacked statutory authority to modify 

the original award to treat Spratt’s thoracic back. It relies upon 

the familiar principle that a proper result will not be reversed 

merely because it was reached for the wrong reasons. 38 Thus, 

our resolution of this assignment of error turns upon the extent 

of authority conferred by § 48-162.01(7) (Reissue 2021).

(b) § 48-162.01(7)

Spratt asserts that the same statutory language that 

abrogated Dougherty v. Swift-Eckrich—now codified in 

34 See 1997 Neb. Laws, L.B. 128, § 4.

35 Introducer’s Statement of Intent, L.B. 128, Committee on Business and 

Labor, 95th Leg., 1st Sess. (Jan. 27, 1997). See, 1997 Neb. Laws, L.B. 

128, § 4; Dougherty v. Swift-Eckrich, supra note 2.

36 See 2000 Neb. Laws, L.B. 1221, § 11.

37 Hofferber v. Hastings Utilities, supra note 2, 282 Neb. at 233-34, 803 

N.W.2d at 14.

38 See Thornton v. Grand Island Contract Carriers, 262 Neb. 740, 634 

N.W.2d 794 (2001).
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§ 48-162.01(7)—also authorized the compensation court to 

modify the original award to treat his thoracic back. 39 As we 

have already quoted above, § 48-162.01(7) states in pertinent part:

The compensation court or judge thereof may also modify 

a previous finding, order, award, or judgment relating to 

physical, medical, or vocational rehabilitation services as 

necessary in order to accomplish the goal of restoring the 

injured employee to gainful and suitable employment, or 

as otherwise required in the interest of justice.

Spratt’s argument relies solely on this quoted language. At 

oral argument, Spratt correctly conceded that the compensation 

court could not modify the original award under § 48-141 and 

that his alleged thoracic back injury was not a compensable 

consequence of his lumbar back injury.

Crete argues that § 48-162.01(7) was inapplicable to Spratt’s 

request for modification and encourages us to adopt and apply 

the Court of Appeals’ decision in McKay v. Hershey Food 

Corp. 40 There, an injured employee sought modification of a 

prior award by the compensation court in order to obtain vocational rehabilitation services. However, the prior award had 

not included vocational rehabilitation services. Consequently, 

the Court of Appeals found that the compensation court did 

not have the statutory authority to modify the award to include 

vocational rehabilitation services, because it would be awarding a new category of services. The Court of Appeals concluded that the addition to § 48-162.01(7) “contemplates a 

modification of services previously granted and does not provide for a modification of a final order to grant entirely new 

services or benefits.” 41

39 See Dougherty v. Swift-Eckrich, supra note 2.

40 McKay v. Hershey Food Corp., 16 Neb. App. 79, 740 N.W.2d 378 (2007).

41 See id. at 88, 740 N.W.2d at 386.
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Crete analogizes Spratt’s request to the modification sought 

in McKay v. Hershey Food Corp. Crete asserts that if the 

compensation court had modified the original award to treat 

Spratt’s thoracic back, it would have wrongfully awarded 

Spratt new rehabilitation services—as distinguished from modifying previous services.

We are not persuaded by Crete’s interpretation of 

§ 48-162.01(7). First, McKay v. Hershey Food Corp. is distinguishable from the instant appeal. Spratt does not request 

that the compensation court award him a new category of 

services. Instead, Spratt seeks modification of medical rehabilitation services that the compensation court had already 

awarded him.

In 1969, 42 the Legislature first expressed a goal, as the section now reads, “One of the primary purposes of the Nebraska 

Workers’ Compensation Act is restoration of the injured 

employee to gainful employment.” 43 During the legislative 

proceedings in 1969, a compensation court judge explained 

that “there is a difference between physical or medical rehabilitation and vocational rehabilitation.” 44 The legislation, the 

judge explained, “reinforces the distinction between physical 

and medical rehabilitation and vocational rehabilitation.” 45 The 

language of the original codification discussed both categories in subsection (3). 46 In 2005, § 48-162.01 was restructured to retain the entitlement to vocational rehabilitation in 

subsection (3) and to place the entitlement to physical and 

medical rehabilitation in subsection (6). 47 The power to modify 

42 See 1969 Neb. Laws, ch. 388, § 1, p. 1357.

43 § 48-162.01(1).

44 Labor Committee Hearing, ch. 388, § 1, p. 1357, 80th Leg., 1st Sess. 3 

(Feb. 12, 1969).

45 Id.

46 See § 48-162.01(3) (Reissue 1974).

47 See, 2005 Neb. Laws, L.B. 13, § 19; § 48-162.01 (Reissue 2021).
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remained codified in subsection (7). 48 Thus, the Legislature 

has clarified its language to carry out its original goal of 

maintaining the distinction between the two types of rehabilitation services: (1) medical and physical and (2) vocational. 

In McKay v. Hershey Food Corp., the injured worker sought 

modification to add vocational rehabilitation where none had 

been originally awarded. Here, Spratt seeks modification of 

the extent of medical and physical rehabilitation provided by 

the original award.

Further, Crete’s argument is counterintuitive. In essence, 

Crete argues that the compensation court cannot modify an 

award to include any medical rehabilitation services that were 

not specifically included in the prior award, regardless of how 

similar the services were to those awarded in the prior award. 

Under this rationale, the compensation court would be incentivized to broadly include all hypothetical medical rehabilitation services (no matter how redundant or speculative) in order 

to ensure it can modify the award later if necessary.

[7] Accordingly, we conclude that pursuant to § 48-162.01(7), 

where a prior award of the compensation court has provided 

medical or physical rehabilitation services, the compensation 

court may modify the award of such services to the extent the 

court finds such modification necessary in order to accomplish 

the goal of restoring the injured employee to gainful and suitable employment, or otherwise required in the interest of justice. Thus, the compensation court erred in its legal conclusion 

that it lacked the power to modify the original award to treat 

Spratt’s thoracic back.

[8] We recognize that in adopting this language in 

§ 48-162.01(7), the Legislature did not place a temporal limitation on the compensation court’s power to modify. An appellate 

court is not at liberty to add language to the plain terms of a 

statute to restrict its meaning. If a time limitation is to apply, it 

is up to the Legislature to impose one.

48 See id.
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3. Preclusion

We next address whether Spratt’s request that the compensation court modify the original award is precluded as a 

matter of law. Spratt’s final four assignments of error assert 

that the entire gambit of preclusion doctrines—claim preclusion, issue preclusion, and the law-of-the-case doctrine—did 

not bar his request. Spratt also uses the terms “collateral estoppel” and “res judicata,” but they are duplicative. 49 In the past, 

this court has referred to claim preclusion and issue preclusion, 

respectively, as res judicata and collateral estoppel. 50 We have 

since moved away from that terminology and now utilize the 

terms “claim preclusion” and “issue preclusion.” 51

The compensation court relied upon issue preclusion. Crete 

concedes that issue preclusion does not apply here. Instead, it 

relies upon the law-of-the-case doctrine.

Of the three preclusion doctrines, only the law-of-the-case 

doctrine may apply. As Crete submits in its brief, claim and 

issue preclusion are inapplicable to the instant appeal. Claim and 

issue preclusion are only applicable to matters raised in subsequent actions. 52 Here, there was no subsequent action. Spratt’s 

request for modification arose in the same action as the original award. 53 Therefore, this court need only address whether 

the law-of-the-case doctrine precluded Spratt’s request.

[9-11] The law-of-the-case doctrine reflects the principle 

that an issue that has been litigated and decided in one stage 

of a case should not be relitigated at a later stage. 54 The 

law-of-the-case doctrine promotes judicial efficiency and protects parties’ settled expectations by preventing parties from 

49 See Hara v. Reichert, 287 Neb. 577, 843 N.W.2d 812 (2014).

50 See id.

51 See id.

52 See id.

53 See § 48-141.

54 County of Sarpy v. City of Gretna, 276 Neb. 520, 755 N.W.2d 376 (2008).
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relitigating settled issues within a single action. 55 Generally, 

absent extraordinary circumstances, a court should be reluctant 

to revisit its own prior decision or that of another court in a 

single case. 56

[12,13] Under the mandate branch of the law-of-the-case 

doctrine, a decision made at a previous stage of litigation, which 

could have been challenged in the ensuing appeal but was not, 

becomes the law of the case; the parties are deemed to have 

waived the right to challenge that decision. 57 However, an issue 

is not considered waived if a party did not have both an opportunity and an incentive to raise it in a previous appeal. 58

We conclude that the law-of-the-case doctrine does not bar 

the modification of the original award. Spratt did not have 

an incentive to appeal from the original award. The doctors’ 

medical diagnoses of Spratt’s injuries aligned with the medical 

rehabilitation services given under the original award. Spratt 

reasonably believed that he would receive the treatment necessary to rehabilitate his back. Spratt discovered that the awarded 

services were insufficient only after the time had lapsed to 

appeal from the original award. Prior to that discovery, Spratt 

had no purpose in appealing from the original award.

[14] We emphasize that nothing in this opinion should be 

read to suggest how the compensation court should exercise 

its power pursuant to § 48-162.01(7), or to limit or preclude 

the court in making findings of fact. We have long said that on 

appellate review, the factual findings made by the trial judge 

of the Workers’ Compensation Court have the effect of a jury 

verdict and will not be disturbed unless clearly wrong. 59

55 Id.

56 Money v. Tyrrell Flowers, 275 Neb. 602, 748 N.W.2d 49 (2008).

57 County of Sarpy v. City of Gretna, supra note 54.

58 See id.

59 Lewis v. MBC Constr. Co., 309 Neb. 726, 962 N.W.2d 359 (2021).
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VI. CONCLUSION

The compensation court had authority pursuant to 

§ 48-162.01(7) to modify the original award, and modification 

was not precluded by the law-of-the-case doctrine. Because the 

compensation court erred in finding to the contrary, we reverse 

its ruling and remand the cause for further proceedings.

Reversed and remanded for 

further proceedings.

Stacy, J., not participating.