Muhr v. Menards, 112119 NEWC, 2015

• Case Date: November 21, 2019
• Court: Nebraska

ROLLAND MUHR, Plaintiff, v. MENARDS, Defendant. No. 2015 Doc. 213 Nebraska Workers' Compensation November 21, 2019           Michael W. Meister Attorney at Law           Jenny Panko Timothy E. Clarke Attorneys at Law Baylor Evnen LLP          ORDER           THOMAS E. STINE, JUDGE.          This matter came on for hearing on November 13, 2019, and November 20, 2019, on plaintiff’s Motion to Show Cause. Plaintiff offered Exhibits 15, 16, and 20 in support of his motion, and defendant had no objections. Defendant offered Exhibits 17 through 19, and 21 in opposition to plaintiff’s motion, and plaintiff objected to Exhibit 19. Plaintiff’s objections were overruled, and Exhibits 15 through 21 were received into evidence.           Plaintiff asks this Court for an order finding defendant in contempt for failing to pay medical and mileage expenses in accordance with the Joint Stipulation filed by the parties on October 10, 2014, and the Stipulated Award filed on August 8, 2016. The record shows that on October 10, 2014, the parties entered into a Joint Stipulation and Motion to Dismiss for Lack of a Present Controversy setting forth various stipulations to which the parties agreed. For purposes of the present motion, defendant stipulated as follows:

The defendant stipulates and agrees that it will continue to pay those medical expenses that are reasonable and necessary as a direct and proximate result of the Plaintiff’s bilateral shoulder injury, in accordance with the terms of the Nebraska Workers’ Compensation Act.

         On August 8, 2016, this Court entered a Stipulated Award finding that defendant shall pay plaintiff certain medical expenses outlined in the parties’ Stipulation for Payment of Medical Expenses and Mileage dated August 2, 2016. On August 30, 2017, this Court entered an Order finding that defendant had failed and neglected to timely pay the medical expenses it was ordered to pay in the Stipulated Award. In that Order, the Court cautioned defendant that defendant’s continued refusal or neglect to timely pay and approve of compensable medical expenses will be viewed unfavorably by the Court. ...