Duvall v. Omaha Public Schools, 091207 NEWC, 1804

Case DateSeptember 12, 2007
CourtNebraska
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)...

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