State ex rel. Counsel for Dis. v. Brauer

270 	285 NEBRASKA REPORTS
CONCLUSION
The court improperly credited all 498 days of Wills’ time
served to his 1-year sentence. A court cannot credit more time
to a sentence than the length of the sentence. On remand, the
court should credit only enough time served to satisfy the sen-
tence in case No. S-11-1026, after reducing the sentence for
good time. The court should then credit any applicable remain-
ing time to Wills’ sentences in case No. S-12-415. We also
conclude that the record supports the court’s sentencing order
in case No. S-12-415, and so the court did not abuse its discre-
tion. We affirm the court’s decision in that regard.
A ffirmed in pArt, And in pArt
reversed And remAnded.
CAssel, J., not participating.
stAte of nebrAskA ex rel. C ounsel for disCipline
of the nebrAskA supreme C ourt, relAtor,
v. lArry l. brAuer, respondent.
827 N.W.2d 464
Filed February 22, 2013. 	No. S-11-1061.
Original action. Judgment of disbarment.
heAviCAn, C.J., Wright, C onnolly, stephAn, mCC ormACk,
miller-lermAn, and CAssel, JJ.
per C uriAm.
INTRODUCTION
This case is before the court on the voluntary surrender of
license filed by respondent, Larry L. Brauer, on January 10,
2013. The court accepts respondent’s voluntary surrender of his
license and enters an order of disbarment.
STATEMENT OF FACTS
Respondent was admitted to the practice of law in the State
of Nebraska on April 5, 1979. Formal charges were filed
against respondent on December 7, 2011, generally alleging
that respondent neglected matters and failed to respond to the
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
11/01/2026 04:40 AM CST

STATE EX REL. COUNSEL FOR DIS. v. BRAUER 	271
Cite as 285 Neb. 270
Counsel for Discipline. On September 11, 2012, the report of
the referee was filed in which the referee recommended that
respondent be suspended for a minimum of 11⁄2 years and that
upon reinstatement, he be supervised for 2 years by a licensed
attorney. On November 13, the Counsel for Discipline of
the Nebraska Supreme Court filed a motion for judgment on
the pleadings.
On January 10, 2013, respondent filed a voluntary surrender
in which he stated that he does not challenge or contest the
truth of the allegations being made against him. He further
stated that he freely, knowingly, and voluntarily waived his
right to notice, appearance, or hearing prior to the entry of an
order of disbarment and consented to the entry of an immediate
order of disbarment.
ANALYSIS
Neb. Ct. R. § 3-315 of the disciplinary rules provides in
pertinent part:
(A) Once a Grievance, a Complaint, or a Formal
Charge has been filed, suggested, or indicated against a
member, the member may voluntarily surrender his or
her license.
(1) The voluntary surrender of license shall state in
writing that the member knowingly admits or knowingly
does not challenge or contest the truth of the suggested
or indicated Grievance, Complaint, or Formal Charge
and waives all proceedings against him or her in connec-
tion therewith.
Pursuant to § 3-315 of the disciplinary rules, we find that
respondent has voluntarily surrendered his license to practice
law and knowingly does not challenge or contest the truth
of the allegations made against him. Further, respondent has
waived all proceedings against him in connection therewith.
We further find that respondent has consented to the entry of
an order of disbarment.
CONCLUSION
Upon due consideration of the court file in this matter,
the court finds that respondent has stated that he freely,

272 	285 NEBRASKA REPORTS
knowingly, and voluntarily admits that he does not contest
the allegations being made against him. The court accepts
respondent’s voluntary surrender of his license to practice
law, finds that respondent should be disbarred, and hereby
orders him disbarred from the practice of law in the State of
Nebraska, effective immediately. Respondent shall forthwith
comply with all terms of Neb. Ct. R. § 3-316 of the discipli-
nary rules, and upon failure to do so, he shall be subject to
punishment for contempt of this court. Accordingly, respond-
ent is directed to pay costs and expenses in accordance with
Neb. Rev. Stat. §§ 7-114 and 7-115 (Reissue 2012) and Neb.
Ct. R. §§ 3-310(P) and 3-323 of the disciplinary rules within
60 days after an order imposing costs and expenses, if any, is
entered by the court.
Judgment of disbArment.
odilon visoso, Also knoWn As A dAm rodriguez,
AppellAnt, v. CArgill meAt solutions, Appellee.
826 N.W.2d 845
Filed February 22, 2013. 	No. S-12-038.
1. Workers’ Compensation: Appeal and Error. A judgment, order, or award of
the Workers’ Compensation Court may be modified, reversed, or set aside only
upon the grounds that (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. ____: ____. With respect to questions of law in workers’ compensation cases, an
appellate court is obligated to make its own determination.
3. ____: ____. On appellate review of a workers’ compensation award, the trial
judge’s factual findings have the effect of a jury verdict and will not be disturbed
unless clearly wrong.
4. Workers’ Compensation: Proof. In a proceeding to modify a prior workers’
compensation award, the employer has the burden of establishing a decrease of
incapacity and the employee has the burden of establishing an increase.
5. Workers’ Compensation. Temporary disability benefits should be paid only to
the time when it becomes apparent that the employee will get no better or no
worse because of the injury.