Koffi v. Tyson Foods, Inc., 090407 NEWC, 0002

• Case Date: September 04, 2007
• Court: Nebraska

KOMI KOFFI, Plaintiff, v. TYSON FOODS, INC., Defendant. No. 0002 DOC 207 Nebraska Workers Compensation September 4, 2007           Staci L. Hartman, Attorney at Law           Sharese Manker, Attorney at Law           ORDER           Ronald L. Brown, JUDGE          Defendant’s Motion for Summary Judgment was heard August 16, 2007. Counsel for the parties were present in person. The Court received Exhibits 1 through 7. The Court takes judicial notice of the pleadings of the parties.          Plaintiff’s petition, filed January 3, 2007, alleged an injury to his right hand and wrist on or about April 15, 2004 (E1). Defendant’s answer admitted an injury to plaintiff’s right hand but indicated "Defendant believes the correct date of injury is June 7, 2004." (E2). Defendant filed a First Report of Injury regarding an alleged injury of June 7, 2004, for an injury to a "thumb" (E3). There is no evidence regarding a First Report of Injury for an injury to the right hand and wrist on or about April 15, 2004. Aside from the exception to the statute of limitations provided by § 48-137, a further exception is provided by § 48-144.04 which provides that the statute of limitations does not begin to run until a First Report of Injury has been filed by the employer with the Court...