DAVE MCCLANAHAN, Plaintiff,
v.
KELLOGG’S, Defendant.
No. 0246
DOC 207
Nebraska Workers Compensation
September 5, 2007
Michael P. Dowd, Attorney at Law
Charles L. Kuper Paul E. Larson, Attorneys at Law
AWARD
Michael P. Cavel, JUDGE
This
cause came on for hearing before the Nebraska Workers'
Compensation Court at Omaha, Douglas County, Nebraska, on
August 16, 2007, on the pretrial order of August 7, 2007, and
on the evidence, Judge Michael P. Cavel, one of the judges of
said court, presiding. The plaintiff appeared in person and
was represented by counsel. The defendant was represented by
counsel. Testimony was taken, evidence adduced, cause
submitted, and the Court, being fully advised in the
premises, finds:
I.
Although
there were objections made during the course of the
deposition of Dr. Rich which is before the Court as Exhibit
13, those objections were not itemized and presented to the
Court for ruling as required by paragraph III F of the order
scheduling the pretrial conference. Accordingly, the Court
finds that all objections appearing therein should be
overruled.
II.
The
parties stipulated, and the Court finds, that Dave McClanahan
was employed by Kellogg’s on January 10, 2006, at an average
weekly wage of $1,286 and suffered injury to his right knee
that date by accident arising out of and in the course and
scope of his employment. As a result of that injury, the
plaintiff was temporarily totally disabled for 3 2/7 weeks
through May 19, 2006, (with additional temporary disability
in dispute) and also suffered a 2 percent permanent
impairment to his right leg. The parties stipulated that the
plaintiff was paid compensation for 3 2/7 weeks for temporary
total disability and Exhibit 38 reflects the plaintiff was
also paid for his permanent impairment. The parties have
stipulated that the plaintiff is entitled to future medical
care reasonable and necessary to treat his right knee injury,
to include a right knee MRI. The Court finds those
stipulations should be accepted.
III.
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