KENNETH A. CARLSON, Plaintiff,
v.
BAUER BUILT TIRES, AND CNA INSURANCE, Defendants.
No. 0082
DOC 207
Nebraska Workers Compensation
August 30, 2007
Matthew A. Lathrop , Attorney at Law Law Office of Matthew A.
Lathrop, P.C., LLO
James
D. Hamilton, Attorney at Law
AWARD
Ronald
L. Brown, JUDGE
This
cause came on for hearing before the Nebraska Workers'
Compensation Court at Omaha, Douglas County, Nebraska, on
August 7, 2007, on the Petition of the of the plaintiff,
answer of the defendants and on the evidence, Judge Ronald L.
Brown, one of the judges of said court, presiding. Plaintiff
appeared in person and was represented by counsel. Defendants
were represented by counsel. Testimony was taken, evidence
adduced and the cause submitted. The Court received Exhibits
1 through 19. Exhibit 19 is a summary of stipulations between
the parties.
I.
On
November 2, 2005, the plaintiff was in the employ of the
first-named defendant as a truck driver, and while so
employed and on said date and while engaged in the duties of
his employment he suffered injuries to his low back as a
result of an accident arising out of and in the course of his
employment by the first-named defendant when the plaintiff
was throwing and stacking large truck tires. The plaintiff’s
injury was subsequently diagnosed as a bilateral disc
herniation at L5-S1, which necessitated a bilateral
laminectomy with decompression. The parties stipulated to the
occurrence of the accident and injury. Additionally, there is
a causation opinion within the records of the Brainard
Chiropractic Clinic.
II.
The
plaintiff is entitled to benefits as provided under the
Nebraska Workers' Compensation Act.
III.
At the
time of said accident and injury, the plaintiff was receiving
an average weekly wage of $669.76 being sufficient to entitle
him to benefits of $446.51 per week from November 7, 2005,
through November 13, 2005, and January 6, 2006, through June
30, 2006, a period of 26 1/7 weeks for temporary total
disability and...
