JULIE LAGEMANN, Plaintiff,
v.
NEBRASKA METHODIST HOSPITAL, Defendant.
No. 0778
DOC 205
Nebraska Workers Compensation
September 17, 2007
James
E. Harris, Attorney at Law
Lindsay K. Lundholm, Attorney at Law
ORDER
Ronald
L. Brown, JUDGE
Plaintiff’s
Motion for Penalties, Interest and Attorney’s Fees Pursuant
to Section 48-125 was heard August 30, 2007. Counsel for the
parties participated by telephone conference. The Court
received Exhibits 92 and 93. The Court takes judicial notice
of the prior pleadings of the parties and orders of the
Court, review panel and Nebraska Court of Appeals.
An
Award was entered June 2, 2006, which provided for the
payment of temporary total indemnity of $396.39 per week from
February 16, 2004, through November 14, 2004, and
November 18, 2004, through November 29, 2004, a total
period of 40 4/7 weeks. Temporary total indemnity payable was
$16,081.54 (40.57 weeks x $396.39). Permanent partial
indemnity was payable at $165.20 per week from and after
November 30, 2005. The Award was appealed to a review panel
of the Nebraska Workers' Compensation Court. Plaintiff
assigned three errors regarding the permanent loss of earning
power. Plaintiff’s motion of August 13, 2007, avers that
defendant timely and properly filed a cross-appeal. The award
was summarily affirmed by the review panel on November 29,
2006. Thereafter, plaintiff appealed to the Nebraska Court of
Appeals. The memorandum opinion of the Court of Appeals
indicated plaintiff alleged "that the trial court was
clearly wrong in finding that she had suffered a 25 percent
loss of earning power and that the trial court erred in
failing to provide a reasoned decision pursuant to Rule 11
with respect to its finding that Lagemann had suffered a 25
percent loss of earning power." Plaintiff’s motion for
penalties avers that no cross-appeal was taken by defendant,
there is no evidence defendant cross-appealed and the
memorandum opinion of the Court of Appeals addressed no
cross-appeal by defendant. The Court of Appeals found no
error in the summary affirmance of the original award and
affirmed the review panel...