Bancroft v. Calgary Flames, 090507 NEWC, 0851

• Case Date: September 05, 2007
• Court: Nebraska

STEVE BANCROFT, Plaintiff, v. CALGARY FLAMES, Defendant. No. 0851 DOC 207 Nebraska Workers Compensation September 5, 2007           Roger D. Moore, Attorney at Law Rehm, Bennett & Moore PC LLO           Jon S. Reid, Attorney at Law           ORDER           Ronald L. Brown, JUDGE          Plaintiff’s motion to compel the appointment of a vocational counselor to perform a loss of earning power evaluation and provide vocational services was heard August 9, 2007. Counsel for the parties were present in person. The Court received Exhibits 1 through 6. Arguments were heard.          The evidence indicated plaintiff was a professional hockey player who most recently played for the Omaha Aksarben Knights and alleged an injury to his right hip on October 1, 2005, and April 15, 2006, as the result of an accident or occupational disease. Plaintiff’s injury was diagnosed by a physician retained by the employer team as "moderately severe degenerative arthritis right hip with significant restriction in right hip range of motion and leg length discrepancy" (E5). Dr. Samuel Phillips did not attribute the diagnosis to a single incident but opined, "I would state that his hockey likely has aggravated his underlying condition. He has had several documented complaints of hip pain this season and it is likely that he has experienced aggravation of his symptoms while playing hockey this year." (E5, p.2). Counsel argued whether "likely" is sufficient to establish causation for aggravation of the arthritic condition of the hip.          The Supreme Court has long held that "probably" is legally sufficient to establish causation for an injury. In...