Anderson v. Emcor Group, Inc., 031516 NEWC, 0053

Case DateMarch 15, 2016
CourtNebraska
CHARLES ANDERSON, Plaintiff,
v.
EMCOR GROUP, INC., and the STATE OF NEBRASKA, WORKERS' COMPENSATION TRUST FUND, Defendants.
No. 0053
Doc. 214
Nebraska Workers Compensation
March 15, 2016
          ORDER OVERRULING PLAINTIFF'S MOTION TO COMPEL IMPLEMENTATION OF VOCATIONAL REHABILITATION PLAN           John R. Hoffert, Judge          This matter is before the Court upon plaintiff's Motion to Compel Implementation of Vocational Rehabilitation Plan.          Counsel for the parties appeared in person.          In support of his Motion, the plaintiff offered Exhibits 25 and 26 into evidence. The defendant employer offered no challenge to the tendered materials. Counsel for the State of Nebraska, Workers' Compensation Trust Fund objected to Exhibit 25 arguing that it was irrelevant given the posture of the case. The Court overruled the objection. Hence, plaintiff's Exhibits 25 and 26 were received into evidence.          The plaintiff also requested that the Court take judicial notice of an earlier Award entered on October 20, 2014. Neither of the named defendants objected to the request. Hence, the Court did take judicial notice of its earlier Award.          The Court having reviewed the exhibits received into evidence; having listened to the testimony presented by the plaintiff; and, having had the benefit of the written closing arguments of counsel last received on March 3, 2016, finds as follows.          As a matter of initial note, the undersigned certainly acknowledges the fact that the plaintiff has shown initiative and an obvious desire to pursue or take advantage of the vocational rehabilitation benefits previously awarded unto him in the Court's Further Award dated October 2, 2015. The proposed plan (E25) would in the normal course of things be considered on its merits. However, there are two impediments which the defendants assert prevent any such analysis at this particular point in time.          Specifically, it is claimed that the appointed vocational rehabilitation counselor, Ms. Lisa A. Porter, has formally withdrawn the proposed vocational rehabilitation plan. (E26, p.1). The withdrawal of the...

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