DORIS NEWKIRK, Plaintiff,
v.
LONE STAR STEAKHOUSE & SALOON, Defendant.
No. 1395
DOC 206
Nebraska Workers Compensation
September 7, 2007
Jon
Rehm, Attorney at Law
Jason
A. Kidd, Abigail A. Wenninghoff, Attorneys at Law
AWARD
Michael P. Cavel, JUDGE
This
matter comes before the Court upon the stipulation for entry
of award signed by counsel for both parties. In addition, the
Court has received previously a joint pretrial conference
memorandum from counsel for the parties containing additional
stipulations. On the basis of both sets of stipulations, the
Court finds as follows:
I.
On June
13, 2006, the plaintiff was employed by the defendant at an
average weekly wage of $210.90 ($240 for the purpose of
calculating compensation for permanent disability) and
suffered injuries to both shoulders, her head, her neck, her
lower back and right hip by accident out of and in the course
and scope of her employment.
II.
As a
result of said accident, the plaintiff was temporarily
totally disabled from June 14, 2006, through March 2, 2007, a
period of 37 3/7 weeks, and thereafter suffered permanent
total disability.
III.
The
defendant has paid to the plaintiff compensation at the rate
of $140.60 per week for 37 3/7 weeks for the plaintiff’s
temporary total disability and $160 per week for 26 weeks
through August 31, 2007.
IV.
The
defendant has paid all reasonable and necessary expenses
incurred by the plaintiff to date to treat her injuries.
V.
That
the defendant should continue to pay all reasonable and
necessary expenses incurred by the plaintiff in the future in
treating the injuries suffered on June 13, 2006.
VI.
The
Court makes no finding concerning any entitlement of the
plaintiff to vocational rehabilitation services, the
plaintiff making no claim for the same.
VII.
The...