Duke v. Syngenta Crop Protection, Inc., 091307 NEWC, 1452

• Case Date: September 13, 2007
• Court: Nebraska

LINDA DUKE, Plaintiff, v. SYNGENTA CROP PROTECTION, INC., Defendant. No. 1452 DOC 205 Nebraska Workers Compensation September 13, 2007           Charles E. Dorwart Law Offices of Charles E. Dorwart           John R. Timmermier Timmermier, Gross & Prentiss           ORDER OF AFFIRMANCE ON REVIEW          THIS MATTER came on for a review hearing before the Nebraska Workers' Compensation Court at Omaha, Douglas County, Nebraska, on September 11, 2007, on the Application for Review of the plaintiff filed April 30, 2007, alleging errors in the Award in Part and Order of Dismissal in Part entered on April 18, 2007, by Judge James R. Coe, and on the briefs and arguments of the parties.          The Court, being fully advised in the premises, finds that the errors asserted by the plaintiff essentially involve findings of fact and/or a determination by the trial judge as to which medical expert to believe. The review panel has carefully analyzed the decision rendered by Judge Coe and concludes that his findings of fact are not clearly wrong; his selection of which medical expert to credit is within his prerogative and that no error of law otherwise appears.          Furthermore, with respect to plaintiff’s lament that the trial judge failed to specifically reference plaintiff’s entitlement, if any, to past...