Jones v. Interior Systems, Emcasco Insurance Co., 090507 NEWC, 0121

Case DateSeptember 05, 2007
CourtNebraska
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...

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