JOSHUA JONES, Plaintiff,
v.
INTERIOR SYSTEMS, EMCASCO INSURANCE COMPANY, SNYDER CONSTRUCTION and AMERICAN FAMILY INSURANCE, Defendants.
No. 0121
Doc. 205
Nebraska Workers Compensation
September 5, 2007
Michael J. Dyer, Attorney at Law
John
R. Timmermier, Benjamin E. Maxell, Attorneys at Law
David
A. Dudley, Attorney at Law
AWARD
Laureen Van Norman, JUDGE
This
cause came on for hearing before the Nebraska Workers'
Compensation Court at Lincoln, Lancaster County, Nebraska, on
April 30, 2007, on the Petition of the plaintiff, Answer of
the defendants Interior Systems and EMCASCO Insurance, and
Amended Answer of defendants Snyder Construction and American
Family Insurance and on the evidence,
Judge Laureen Van Norman, one of the judges of
said court, presiding. Plaintiff appeared through counsel and
by deposition. Defendants appeared through counsel appearing
by telephone. Evidence was adduced and the cause submitted
with the receipt of briefs on May 15, 2007.
I.
On
September 10, 2002, the plaintiff was in the employ of the
first-named defendant, Interior Systems, as a construction
worker, and while so employed and on said date and while
engaged in the duties of his employment he suffered injuries
to his right shoulder as a result of an accident arising out
of and in the course of his employment by the said defendant
when, while the plaintiff was walking on stilts installing
drywall, he tripped and caught himself, injuring his right
shoulder. As a result of said accident and injury the
plaintiff incurred temporary total disability for which he
has been compensated and is no longer at issue. The plaintiff
further sustained a 7 percent permanent partial impairment of
his right shoulder.
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 $626.00 being sufficient to entitle
him to benefits of $417.29 for temporary total disability...