Chancellor v. Steele Sanitation, 091207 NEWC, 1732

Case DateSeptember 12, 2007
CourtNebraska
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...

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