MICHAEL G. HOUGHTALING, Plaintiff,
v.
BEMIS COMPANY, INC., Defendant.
No. 0268
DOC 207
Nebraska Workers Compensation
September 6, 2007
Justin
High, Attorney at Law
Jon S.
Reid, Attorney at Law Lamson, Dugan & Murray
AWARD
Michael P. Cavel, JUDGE
This
cause came on for hearing before the Nebraska Workers'
Compensation Court at Omaha, Douglas County, Nebraska, on
August 31, 2007, on the pretrial order of August 22, 2007,
and on the evidence, Judge Michael P. Cavel, one of the
judges of said court, presiding. The plaintiff appeared in
person and was represented by counsel. The defendant was
represented by counsel. Testimony was taken, evidence
adduced, cause submitted, and the Court, being fully advised
in the premises, finds:
I.
The
parties have stipulated, and the Court finds, that the
plaintiff was employed by the defendant on November 7, 2006,
at an average weekly wage of $669.78.
II.
The
first issue for the Court to resolve concerns whether the
plaintiff suffered injury by accident on November 7, 2006,
arising out of and in the course and scope of his employment.
The plaintiff has adduced an opinion from Dr. Jason J.
Mickels that the plaintiff’s bilateral carpel tunnel syndrome
was caused by the performance of his job duties as a machine
operator at Bemis Company, Inc.. Dr. Halgren, a physician at
CompChoice, expressed the opinion that the plaintiff’s job
description does not describe duties which require the
repetitive use of his hands. Consequently, Dr. Halgren
found there to be no relationship between the plaintiff’s
work duties and his carpel tunnel syndrome. Dr. Dean Wampler,
Director of CompChoice, noted that the plaintiff described in
his deposition that he would also work as an offbearer and
utility baler once his machine was up and running without
problems. Dr. Wampler indicated in his report of August 27,
2007, which is before the Court as Exhibit 12, that the
plaintiff’s alternate job duties could contribute to his
carpel tunnel syndrome if he were spending more than 50
percent of his total work time...