JOSEPH CHURCHICH, Plaintiff,
v.
INTERNATIONAL NUTRITION, INC. and AMTRUST NORTH AMERICA INC., and WESCO INSURANCE COMPANY, Defendants.
No. 0019
Doc. 215
Nebraska Workers Compensation
January 20, 2017
Plaintiff: Elizabeth A. Govaerts, Vincent M. Powers &
Associates.
Defendants: Gregory D. Worth, McAnany Van Cleave &
Phillips
AWARD
Daniel
R. Fridrich, Judge
This
cause came on for hearing before the Nebraska Workers'
Compensation Court in Omaha, Douglas County, Nebraska, on
16th day of December, 2016, on the petition of the
plaintiff, answer of the defendants and on the evidence,
Judge Daniel R. Fridrich, one of the judges of said court,
presiding. Plaintiff appeared in person and was represented
by counsel. Defendants were represented by counsel.
Plaintiff
offered Exhibits 1 through 16. Defendants objected to
Exhibits 10, 11, 12, and 13 on the grounds of foundation,
hearsay and relevance. The Court sustained the hearsay and
relevance objections to Exhibit 10, but overruled all
objections to Exhibits 11, 12 and 13. Exhibits 1 through 9
and 11 through 16 were received into evidence. Plaintiff made
an offer of proof of Exhibit 10. Exhibit 10 was retained by
the Court as an offer of proof only. Defendants offered
Exhibits 17 through 19, which were received into evidence
without objection.
As
stated, plaintiff offered Exhibit 4, which is the transcript
of the deposition of Dr. Chris Cornett. There are two
exhibits attached to the deposition. Those exhibits are
marked as Exhibit numbers 1 and 2. Those two exhibits are not
the same as Exhibits 1 and 2 offered by plaintiff, meaning
there are two sets of exhibits marked as Exhibits 1 and 2. If
the Court is referring to Exhibits 1 and 2 attached to the
deposition, the Court will reference those as Deposition
Exhibit 1 or Deposition Exhibit 2. The Court deems both
Deposition Exhibit 1 and Deposition Exhibit 2 to have been
offered and received into evidence.
The
parties stipulated to the following facts, which the Court
accepts as true but for one (see #5 below)
:
1. On
January 20, 2014, the plaintiff, while employed by
International Nutrition, Inc. (hereinafter
"International"), suffered an accident and injury
arising out of and in the course of his employment;
2.
Plaintiff gave notice of his accident and injury to the
defendants as required by Neb. Rev. Stat. § 48-133;
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