DARRELL CHANCELLOR, Plaintiff,
v.
STEELE SANITATION, Defendant.
No. 1732
DOC 206
Nebraska Workers Compensation
September 12, 2007
Jerry
J. Milner, Attorneys at Law Milner Law Office PC
Dennis
R. Riekenberg, 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 17, 2007, on the petition of the plaintiff, answer of
the defendant 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. Defendant was
represented by counsel. Testimony was taken, evidence
adduced, and the cause submitted. The Court received Exhibits
4 through 6 and 9 through 27.
I.
On July
13, 2004, the plaintiff was in the employ of the defendant as
an exhaust system cleaning technician, and while so employed
and on said date and while engaged in the duties of his
employment he suffered injuries to his back and pelvis as a
result of an accident arising out of and in the course of his
employment by the defendant when the plaintiff slipped and
fell from a ladder onto a concrete parking lot. Plaintiff’s
injuries were subsequently diagnosed as thoracic compression
fractures (T6, T10), a nondisplaced fracture of the right
ilium, hematuria and lacerations to his elbows. The medical
causation opinions are at Exhibit 14, pp. 3 and 4, Exhibit 16
and Exhibit 17. There was no evidence of permanent impairment
or permanent physical restrictions regarding the elbow
injuries.
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 $426.09 being sufficient to entitle
him to benefits of $284.06 per week for temporary total
disability from July 13, 2004, through September 20, 2004,
March 10 — 11, 2005, April 15 — 23, 2005, and May 21, 2005,
through June 13, 2005, temporary partial...