JOHN DAVIS, Plaintiff,
v.
CRETE CARRIER CORPORATION and TRANSPORTATION CLAIMS, INC., Its Workers’ Compensation Insurer, Defendants.
No. 0383
DOC 91
Nebraska Workers Compensation
June 1, 1992
Plaintiff: Healey, Wieland Law Firm
Defendant: Baylor, Evnen, Curtiss, Grimit & Witt
AWARD
Mark
A. Buchholz, JUDGE.
This
cause came on for hearing before the Nebraska Workers’
Compensation Court at Lincoln, Lancaster County, Nebraska, on
February 26, 1992, on the petition of the plaintiff, answer
of the defendant and on the evidence, Judge Mark A. Buchholz,
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, the parties were given leave to file post hearing
briefs, but none were submitted, and the Court now
consideration the cause as submitted and being fully advised
in the premises, finds:
I.
On
March 26, 1989, 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 back as a result
of an accident arising out of and in the course of his
employment by the said defendant when, the truck plaintiff
was driving hit a dip in the road causing the truck seat to
bottom out, at which time plaintiff felt paid in his waist
area; as a result of said accident and injury the plaintiff
incurred medical and hospital expense and was temporarily
totally disabled from March 30, 1989, to April 3, 1991,
inclusive, a period 104 5/7 weeks, and he thereafter
sustained a 17.5 per cent permanent partial disability to his
body as a whole.
II.
The
plaintiff is entitled to benefits as provided under the
Nebraska Workers' Compensation Law.
III.
At the
time of said accident and injury the plaintiff was receiving
an average weekly wage of $501.52 being sufficient to entitle
him to benefits of $245.00 per week for 104 5/7 weeks for
temporary total...
