McCauley v. American Home Assurance, 091907 NEWC, 1294

• Case Date: September 19, 2007
• Court: Nebraska

DONNA McCAULEY, Plaintiff, v. AMERICAN HOME ASSURANCE, Defendant. No. 1294 DOC 201 Nebraska Workers Compensation September 19, 2007           David A. Christensen, Attorney at Law           Benjamin E. Maxell John R. Timmermier, Attorneys at Law           PRETRIAL ORDER           Michael P. Cavel, JUDGE          This matter came before the Court for a pretrial conference on September 18, 2007. The parties participated through counsel. The parties provided memorandum to the Court on the morning of the conference. On the basis of the memorandum and the conference, the Court finds the trial of this matter should be governed by the following:          I.          The parties have stipulated that Donna McCauley was employed by Foamex on May 4, 2000, at an average weekly wage of $397.80 and suffered injury by accident that date arising out of and in the course and scope of her employment. The parties stipulate that the plaintiff gave Foamex timely notice of her injury. The parties stipulate that American Home Assurance was the workers’ compensation insurer in Nebraska of Foamex on May 4, 2000. The parties stipulate that the plaintiff was temporarily totally disabled as a result of her accident and injury of May 4, 2000, from June 6, 2000, from October 1, 2000, and again from October 5, 2000, through May 31, 2003. Finally, the parties stipulate that Patricia Reilly was a counselor agreed upon by the parties for the purpose of assessing the plaintiff’s earning power loss.          II.          That the issues for trial of this matter should be limited to the following:

1. The extent of any

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