MOLLY JOHNSON, Plaintiff,
v.
NEBRASKA MACHINE PRODUCT, Defendant.
No. 1845
DOC 206
Nebraska Workers Compensation
September 13, 2007
Jeffrey P. Welch, Attorney at Law Johnson, Welch & Ausman
PC
Justin
High Allen J. Potts, Attorneys at Law
ORDER OF DISMISSAL
Michael P. Cavel, JUDGE
This
cause came on for hearing before the Nebraska Workers’
Compensation Court at Omaha, Douglas County, Nebraska, on
August 30, 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 as follows:
I.
Molly
Johnson was employed by Nebraska Machine Product on February
25, 2006, at an average weekly wage of $409. This finding is
based upon the stipulations of the parties set out in the
pretrial order. The pretrial order was amended by
interlineation after plaintiff’s counsel in opening statement
described an accident which occurred on February 25, 2006,
such accident being caused by a discrete event and not
cumulative trauma.
II.
The
first issue for the Court to resolve concerns whether the
plaintiff suffered injury by accident on February 25, 2006,
arising out of and in the course of her employment. The Court
is not persuaded that she did. The plaintiff was seen at the
emergency department at the University of Nebraska Medical
Center on February 28, 2006. The plaintiff was complaining of
left shoulder pain and reported that she pulls a lever at
work. She was seen by Dr. Matthew Mormino at the medical
center on March 13, 2006, and gave a history to Dr. Mormino
that on February 28, 2006, she was at work and began to have
chest pain and left arm numbness and pain. This history
appears on page 4 of Exhibit 3. The plaintiff saw Dr. Mormino
again on March 27, 2006, and her complaints at that time
included her neck and left scapular region. She again...
