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 Lisa A. Porter, has formally withdrawn the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...