PATRICE KUCERA, Plaintiff,
v.
KELLOGG COMPANY, Defendant.
No. 1541
DOC 200
Nebraska Workers Compensation
August 28, 2007
Richard J. Rensch, Attorney at Law
Charles L. Kuper, Attorney at Law
ORDER
James
R. Coe, JUDGE
This
matter came on for hearing before the Nebraska
Workers' Compensation Court on the 3rd day
of August, 2007, upon the plaintiff’s motion to enforce award
and subsequent orders and the defendant’s response to
plaintiff’s motion. The parties appeared, Exhibits A through
H were offered by the plaintiff and received, argument was
had and the Court, being fully advised in the premises, finds
as follows:
I.
The
plaintiff’s petition requests payment of continuing medical
expenses the plaintiff has allegedly incurred as a result of
her accident and injury of August 27, 1999. The defendant has
paid all subsequent medical expenses the plaintiff has
incurred up until approximately 60 days prior to the date of
this hearing. The defendant has denied further medical care
stating that an order for future medical expenses was not
part of a final award or final judgment citing Green v.
Drivers Mgmt., Inc., 263 Neb. 197, 639 N.W.2d (2002) and
Thornton v. Grand Island Contract Carriers, 262 Neb.
740, 634 N.W.2d 794 (2001). The defendant further alleges
that the plaintiff’s motion does not cite or meet the
requirements for future medical expenses that are allowed in
a petition for modification pursuant to § 48-141.
II.
On
February 21, 2001, a running award was issued by Judge
Ramirez in a one paragraph decretal order allowing the
plaintiff temporary total disability benefits from August 3,
2000, and continuing until the plaintiff was no longer
totally disabled. There were two subsequent orders by the
Court. The first was on August 11, 2004, (EC) and had to do
with the procedural mechanics about how the plaintiff’s
current medical services would be paid as the plaintiff had
moved to Michigan. The second and last award by the Court was
a further order (ED) dated February 2, 2005, which
denied plaintiff’s request...
