Johnson v. Day One Logistics, Inc., 082807 NEWC, 1586

Case DateAugust 28, 2007
CourtNebraska
DOUGLAS JOHNSON, Plaintiff,
v.
DAY ONE LOGISTICS, INC., Defendant.
No. 1586
DOC 205
Nebraska Workers Compensation
August 28, 2007
          Paul M. Smith, Attorney at Law           Day One Logistics, Inc. – Pro Se           Day One Logistics, Inc. – Pro Se           ORDER NUNC PRO TUNC           Michael K. High, JUDGE          THIS MATTER comes before the Court pursuant to the Court’s own motion for review and entry of an order nunc pro tunc. Pursuant to Neb. Rev. Stat. § 48-180, this Court has the authority to correct the Award entered in this case on August 22, 2007, if the order contains a correctable ambiguity, clerical error, and patent and obvious error.          After being fully apprised in the premises, this Court finds that Section III of the Award contains an ambiguity because of the omission of the correct provider for the billing amount of $18,476.89, which should have been Methodist Hospital, and the incorrect reference to the medical bill from Dr. Darren Keiser at Methodist Physicians Clinic Orthopedic and Sports Medicine in the amount of $18,476.89, when the amount should have been $10,895.00. The grand total for all bills remains in the amount of $31,016.60. Therefore, Section III of the Award of August 22, 2007, shall be amended to correct this ambiguity and should read as follows::          III.          Defendant shall pay the following medical bills, which medical bills this Court finds to be reasonably and necessarily incurred because of the September 12, 2003 accident, to wit:
PROVIDER AMOUNT
Darren Keiser, M.D. Methodist Physicians Clinic Orthopaedic and Sports Medicine $10,895.00
Methodist Hospital $18,476.89
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