KEITH DUVALL, Plaintiff,
v.
OMAHA PUBLIC SCHOOLS, Defendant.
No. 1804
DOC 206
Nebraska Workers Compensation
September 12, 2007
Timothy S. Dowd, Attorney at Law
Lindsay K. Lundholm, Kirk S. Blecha, Attorneys 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 6, 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. The Court received
Exhibits 1 through 31. The parties stipulated plaintiff’s
average weekly wage was $749.47 and entered into additional
stipulations as indicated on the record.
I.
On
March 20, 2006, the plaintiff was in the employ of the
defendant as a building engineer, and while so employed and
on said date and while engaged in the duties of his
employment he suffered injuries to his back and neck as a
result of an accident arising out of and in the course of his
employment by the defendant when the plaintiff was operating
a tractor to push snow and struck a piece of raised concrete
which abruptly stopped the tractor and threw plaintiff
forward against the steering wheel. Plaintiff’s injuries were
subsequently diagnosed as cervical and lumbar sprains/strains
by Dr. Robert Saniuk and a thoracic strain or spine strain by
Dr. Dean Wampler (E4, 16, 17, 19).
II.
The
plaintiff is entitled to benefits as provided under the
Nebraska Workers' Compensation Act.
III.
The
primary dispute between the parties was the liability for
payment of medical expenses incurred by plaintiff with
physicians who did not participate in the defendant’s managed
care plan administered by Methodist Work Comp Partners. The
evidence established that plaintiff had previous workers’
compensation claims while employed by defendant and knew it
had a managed care plan. The "Employee Job Related
Accident Report" form completed by Duvall clearly
advised him to contact Workcomp Partners (E3)...