Fritz v. Omaha Public Power District, 091007 NEWC, 0648

• Case Date: September 10, 2007
• Court: Nebraska

ANDREA FRITZ, Plaintiff, v. OMAHA PUBLIC POWER DISTRICT, Defendant. No. 0648 DOC 206 Nebraska Workers Compensation September 10, 2007           Timothy S. Dowd, Attorney at Law           James L. Quinlan, Attorney at Law           CONCURRENCE           J. Michael Fitzgerald, JUDGE          Plaintiff was employed by defendant as a Nuclear Security Officer at the Fort Calhoun Nuclear Power Plant. Her duties were to patrol the plant. Approximately 50 to 60 percent of the day she would be patrolling the plant on foot, another 10 percent of the day she would be standing. Plaintiff was required to wear a gun belt which weighed at least 12 pounds. Plaintiff would also have to carry a weapon on occasion. Plaintiff was employed for 17 years at the Nuclear Power Plant. In April 2004, plaintiff began treatment for knee and hip pain which has been diagnosed as osteoarthritis and came under the care of Dr. Jay Kenik, rheumatologist. In his deposition, Dr. Kenik was asked:

Q. And, Doctor, taking all this into consideration, do you have an opinion based upon a reasonable degree of medical probability as to whether Ms. Fritz’s work activities were either the cause or significantly aggravated her osteoarthritic condition?" A. Yes, I do. Q. And, Doctor, could you please state your opinion? A. It was an aggravating factor, a contributing cause for her underlying condition.

See Exhibit 32, page 35, lines 9 to 17.          Dr. Kenik went on to testify that out of plaintiff’s 21 percent impairment to the body as a whole, 4 percent is a result of work-related stresses. Dr. Kenik also stated that restrictions of no prolonged standing, walking, climbing, knealing, or crawling were, to a degree, a result of her work-related aggravation of her preexisting condition.          The defendant argues that the causation opinion of Dr. Kenik is insufficient as a matter of law because it was based upon an incomplete medical history and because it was mere speculation and conjecture.          Under Section 48-179, a review panel may reverse or...