LISA HOSTETLER, Plaintiff,
v.
FIRST STATE BANK NEBRASKA, AND AMERICAN GUARANTEE & LIABILITY, Defendants.
No. 0925
Doc. 214
Nebraska Workers Compensation
February 11, 2016
APPEARANCES:
Plaintiff: Franklin E. Miner, Miner, Scholz, Dike, PC, LLO.
Defendants: Patrick J. Mack McAnany, Van Cleave &
Phillips.
AWARD
Laureen Van Norman, Judge
This
cause came on for hearing before the Nebraska Workers'
Compensation Court at Lincoln, Lancaster County, Nebraska, on
December 22, 2015, on the Petition of the plaintiff, answer
of the defendants and on the evidence, Judge Laureen Van
Norman, one of the judges of said court, presiding. Plaintiff
appeared in person and was represented by counsel. Defendants
were represented by counsel. Testimony was taken, evidence
adduced, cause submitted with the receipt of briefs on
January 25, 2016, and the Court being fully advised in the
premises finds as follows:
I.
On
April 5, 2013, the plaintiff was in the employ of the
first-named defendant as a loan processor, and while so
employed and on said date and while engaged in the duties of
her employment she suffered injuries to her coccyx as a
result of an accident arising out of and in the course of her
employment by the said defendant when, while the plaintiff
was walking down the stairs and slipped and fell. As a result
of said accident and injury, the plaintiff was temporarily
totally disabled from and including September 30, 2014
through December 17, 2014, and then became permanently and
totally disabled.
II.
The
plaintiff is entitled to benefits as provided under the
Nebraska Workers' Compensation Act.
III.
At the
time of said accident and injury, the plaintiff was receiving
an average weekly wage of $776.38 being sufficient to entitle
her to benefits of $517.54 per week for 11.285 weeks for
temporary total disability and thereafter and in addition
thereto a like sum each week for so long as she remains
permanently totally disabled.
IV.
The
defendants should pay for and on behalf of the plaintiff the
medical bills which remain outstanding as shown in Exhibit
16. The defendants should also reimburse the plaintiff and
her personal health insurance carrier for payments which are
the responsibility of the defendants. Defendants should
continue to provide and pay for such reasonable and necessary
medical care as plaintiff may require (E7).
V.
The
defendants should also pay to the plaintiff the sum of
$4,403.47 as shown in Exhibit 18 for mileage incurred in
seeking medical treatment.
VI.
It is
clear from the evidence presented in Exhibits 19, 20 and 21
that a number of the medical bills incurred by the plaintiff
and concerning which there was no reasonable controversy,
were paid late. Pursuant to Neb. Rev. Stat. § 48-125(2)(a),
the plaintiff is entitled to an attorney's fee. The Court...
