Garcia v. Swift Beef Co., 091307 NEWC, 0276

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

GLORIA GARCIA, Plaintiff, v. SWIFT BEEF COMPANY, Defendant. No. 0276 DOC 206 Nebraska Workers Compensation September 13, 2007           Mr. Lee S. Loudon           Ms. Caroline M. Westerhold           STIPULATED ORDER GRANTING PLAINTIFF’S MOTION FOR PENALTIES, INTEREST, AND ATTORNEY FEES           John R. Hoffert, J.          COMES NOW the parties, by and through counsel and hereby stipulate to an Order Granting Plaintiff’s Motion for Penalties, Interest, and Attorney Fees, pursuant to Neb. Rev. Stat. §48-125 (Reissue 2006), in accordance with the following:

1. On June 14, 2007, the parties filed a Stipulated Award in this court. On July 2, 2007, this court signed an Order entering that Stipulated Award. 2. The Stipulated Award provided: (a) That Plaintiff was temporarily totally disabled from July 22, 2005 through October 18, 2005, a period of 12 5/7 weeks, and was entitled to $4,188.20 for that time period; (b) That Plaintiff was temporarily partially disabled from April 29, 2006 through December 18, 2006, a period of 33 3/7 weeks, and was entitled to $2,753.01 for that time period; (c) That Plaintiff had been temporarily totally disabled since December 19, 2006 and was entitled to ongoing temporary total disability benefits from that date until Plaintiff reaches maximum medical improvement or is no longer entitled to temporary total disability benefits under the Nebraska Workers’ Compensation Act. 3. Defendant was obligated to send Plaintiff’s indemnity benefits no later than 30 days from the date of the Stipulated Award, which was filed on July 2, 2007. On August 4, 2007, Defendant sent by U.S. mail to Plaintiff’s attorney two checks dated August 3, 2007, in the amounts of $16,352.92 and $1,317.64. Plaintiff is entitled to a 50% penalty on those benefits which were more than 30 days past due, pursuant to Neb.

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