French v. Hardsteel, USA, 090707 NEWC, 0680

• Case Date: September 07, 2007
• Court: Nebraska

PATRICK FRENCH, Plaintiff, v. HARDSTEEL, USA, Defendant. No. 0680 DOC 206 Nebraska Workers Compensation September 7, 2007           Roger D. Moore, Attorney at Law Rehm, Bennett & Moore PC LLO           Jerald L. Rauterkus, Attorney at Law           ORDER           Ronald L. Brown, JUDGE          Plaintiff’s motion to compel and defendant’s response thereto were heard August 30, 2007. Plaintiff’s counsel appeared telephonically. Defendant’s counsel appeared in person. The Court received Exhibits 1 through 12. Arguments were heard.          From the argument of counsel, the primary issues disputed were the nature of vocational services to be provided and whether Michael Newman should remain as the court-appointed counselor. Defendant does not dispute that Mr. French is entitled to vocational retraining but disputed the plan for him to complete a medical assistant program. Mr. French apparently has a past felony conviction and history of alcohol abuse which will be an obstacle to his admission to the program, if he can be admitted, and will obviously limit future employment opportunities. Defendant’s concerns appear legitimate and based upon the evidence received for the motion hearing, the Court probably would not approve such a plan.          Mr. French does have relevant past experience as a truck driver. He apparently is eligible to take the exam for a CDL-A in September, 2007. He expressed interest in obtaining that license and has employment opportunities within the Onawa, Iowa area, but indicated it might be necessary or at least beneficial to complete a course through Western Iowa Technical Community College in Sioux City before taking the...