MILDRED BARNES, Plaintiff,
v.
PRIME THERAPEUTICS, Defendant.
No. 0067
Doc. 216
Nebraska Workers Compensation
November 3, 2016
Plaintiff: Staci L. Hartman-Nelson Hartman-Nelson Law Office
Defendant: Jessica R. Voelker Law Offices of Steven Piland
ORDER OF DISMISSAL
James
R. Coe, Judge
This
cause came on for hearing before the Nebraska Workers'
Compensation Court at Omaha, Douglas County, Nebraska, on
September 28, 2016, 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.
The
plaintiff in her petition alleges that on or about October
18, 2013 she was in the employ of the defendant as a customer
service representative at an average weekly wage as
stipulated to by the parties of $620.76, and while so
employed and on said date and while engaged in the duties of
her employment she suffered injuries to her neck, shoulder,
low back with radiation into the legs and depression as a
result of an accident arising out of and in the course of her
employment when the plaintiff missed a chair at her
employment and fell to the floor which alleged accident
resulted in the injuries for which she now claims
compensation.
II.
For
answer to plaintiff's petition the defendant admits the
plaintiff's employment and that the plaintiff earned an
average weekly wage no greater than $652.26 per week and
denies the remaining allegations of the plaintiff's
petition except those which constitute admissions against the
plaintiff's interest.
III.
The
defendant filed a counterclaim against the plaintiff which is
not allowed under Nebraska Law. See
Interiano-Lopez v. Tyson Fresh Meats, 294 Neb. 586,
883 N.W.2d 676 (2016). The counterclaim is dismissed.
IV.
The
plaintiff testified that on October 18, 2013, she was
employed as a customer service representative and was in the
process of sitting down at work when a chair slipped out from
underneath her and she fell to the floor. The plaintiff saw
her family physician Dr. Sabina Dumba on October 21, 2013 at
Methodist Physicians at the Indian Hills Physicians Clinic
for an annual physical. The plaintiff had her annual pap test
and mentioned that she fell at work Friday missing a rolling
chair. The plaintiff returned to Dr. Dumba on November 4,
2013 complaining of pain in her neck, shoulder, low back and
lower leg. Dr. Dumba also chronicled the plaintiff's
prior complaints of chronic back pain and use of...
