Lagemann v. Nebraska Methodist Hospital, 091707 NEWC, 0778

Case DateSeptember 17, 2007
CourtNebraska
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...

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