Kappius v. Lyman-Richey Corporation, 113018 NEWC, 0169

Case DateNovember 30, 2018
CourtNebraska
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...

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