DOROTHY KAY ALLEN, Plaintiff,
v.
LOST ISLAND, INC., Defendant.
No. 0040
DOC 207
Nebraska Workers Compensation
September 19, 2007
Tony
J. Brock, Attorney at Law Tony Brock, P.C., L.L.O.
Tiernan T. Siems, Attorney at Law Erickson & Sederstrom,
P.C.
AWARD
James
R. Coe, JUDGE
This
cause came on for hearing before the Nebraska Workers'
Compensation Court at Schuyler, Colfax County, Nebraska, on
August 15, 2007, on the Petition of the plaintiff, answer of
the defendant and on the evidence, Judge James R. Coe, one of
the judges of said court, presiding. Plaintiff appeared in
person and was represented by counsel. Defendant was
represented by counsel. Testimony was taken, evidence
adduced, cause submitted, and the Court being fully advised
in the premises finds as follows:
I.
On
March 24, 2006, the plaintiff was in the employ of the
defendant as an accountant, and while so employed and on said
date and while engaged in the duties of her employment she
suffered injuries to her left arm, low back, and neck as a
result of an accident arising out of and in the course of her
employment by the defendant when, while the plaintiff was
exiting her automobile she slipped and fell on ice in the
defendant’s parking lot and as a result of said accident and
injury the plaintiff was temporarily totally disabled from
and including March 24, 2006, to and including October 29,
2006, and thereafter and in addition thereto was temporarily
partially disabled suffering a 50 percent temporary partial
loss in earning capacity from and including October 30, 2006,
to and including January 7, 2007, and thereafter sustained a
35 percent loss in earning capacity.
II.
The
plaintiff is entitled to benefits as provided under the
Nebraska Workers' Compensation Act.
III.
The
parties stipulated that the plaintiff’s average weekly wage
for purposes of temporary total disability was $587.27 and
that the plaintiff made $16.00 per hour, which would entitle
the plaintiff to an average weekly wage for purposes of
permanency of $640.00. The plaintiff would therefore be
entitled to benefits of $391.51 per week for 31 4/7 weeks for
temporary total disability and thereafter and in addition
thereto the sum of $195.76 per week for 10 weeks for a 50
percent temporary partial loss in earning capacity and
thereafter and in addition thereto the sum of $149.33 for 258
3/7 weeks for a 35 percent loss in earning capacity.
IV.
The
plaintiff presented numerous medical bills for payment,
however, at trial it was stipulated that the only outstanding
medical bills are those in Exhibits 9, 10, and 11. The Court
has reviewed those exhibits and finds that Exhibit 9 is a
bill from Midwest Health Partners for treatments on
July 20, 2007, and July 23, 2007. Midwest Health
Partners was the first entity that the plaintiff sought
treatment with. The majority of that bill has already been
paid by the defendant. The medical records in Exhibit 9 show
that the plaintiff was treated on July 20, 2007, by Dr.
Vrbicky for low back pain, greater trochanter pain, and pain
in the knee. The Court finds that the plaintiff has not made
any complaints to these areas for several months after the
accident and that the treatment is not related to the
accident and injury of March 24, 2006. Nearly all of the
plaintiff’s treatment records are for neck and arm pain. The
fact plaintiff has made brief mention of hip, knee, and back
pain during her treatment regime is not persuasive to the
Court that the hip, knee and back pain are work related. The
other bill from Midwest Health Partners is from Dr. Brown and
this was due to his concurrent recommendation with Dr.
Vrbicky that the...
