LISA KAPPIUS, SPOUSE AND NEXT FRIEND OF CHRISTOPHER KAPPIUS, Plaintiff,
v.
LYMAN-RICHEY CORPORATION, Defendant.
No. 0169
Doc. 218
Nebraska Workers' Compensation
November 30, 2018
Ronald
L. Brown, Brown & Theis, LLP Attorneys for Plaintiff
Bryan
S. Hatch Likes Meyerson Hatch LLC Attorneys for Defendant
STIPULATED AWARD
HONORABLE JAMES R. COE JUDGE.
This
cause came on for consideration of the Stipulation for Award
filed herein by the parties, Judge James R. Coe, one of the
judges of said court, presiding.
I.
The
Nebraska Workers’ Compensation Court has jurisdiction
regarding Christopher Kappius’s accident and injury of
September 24, 2016 and venue is proper in Sarpy County,
Nebraska.
II.
Christopher
Kappius was employed by Defendant as a mixer truck driver and
suffered an accident and injuries arising out of and in the
course of his employment with Defendant on September 24,
2016, in Sarpy County, Nebraska, as a result of a rollover
accident involving the concrete mixer truck he was driving.
III.
Defendant
received timely notice of Christopher Kappius’s
injuries.
IV.
Lisa
Kappius is the wife of Christopher Kappius. She has the
authority to maintain this action as the next friend of
Christopher Kappius pursuant to Neb. Rev. Stat. § 48-132
because Christopher Kappius is mentally incompetent to
maintain this action on his own accord.
V.
Christopher
Kappius sustained physical injuries including a traumatic
brain injury and depression secondary to same as a result of
September 24, 2016, accident. As a result of these injuries,
Christopher Kappius has been temporarily totally disabled
from and after September 24, 2016, to the present and will so
remain for an indefinite future period of time pending
continuing medical evaluation and treatment.
VI.
The
parties stipulate that Christopher Kappius’s average
weekly wage on the date of injury was $995.39...