JERRY R. NUTTELMANN, Plaintiff,
v.
G. I. TRAILER, INC. Defendant.
No. 0685
DOC 206
Nebraska Workers Compensation
August 31, 2007
Ellen
A. Deaver, Attorney at Law
Amanda
A. Dutton, Baylor, Evnen, Curtiss, Grimit & Witt
ORDER OF AFFIRMANCE, IN PART, AND REVERSAL, IN PART,
ON REVIEW
THIS
MATTER came on for a review hearing before a panel of the
Nebraska Workers' Compensation Court at Omaha, Douglas
County, Nebraska, on July 31, 2007, on the Application for
Review filed by the defendant, on March 22, 2007, alleging
errors in the Award entered on March 8, 2007, by
Judge James R. Coe, as well as upon the cross-appeal of the
plaintiff herein.
The
Court, having heard the oral arguments of counsel; having
reviewed the written briefs submitted by the parties; and
being otherwise fully advised in the premises, finds as
follows.
I.
The
errors assigned by the defendant restated and renumbered are
essentially three-fold: (1) that the trial court erred
in awarding the plaintiff future medical benefits; (2) that
the trial court erred in finding that the plaintiff reached
his maximum medical improvement on August 21, 2006, and
awarding temporary total disability benefits accordingly; and
(3) that the trial court erred in failing to provide a
reasoned decision pursuant to Rule 11 of the Nebraska
Workers’ Compensation Court Rules of Procedure. Each of the
assigned errors will be considered, in turn.
II.
The
defendant argues initially that the trial court erred in
awarding future medical benefits unto the plaintiff.
Specifically, it is urged that there simply is no evidence
sufficient in kind to support or otherwise justify such an
award. The review panel in reviewing the Award entered by
Judge Coe fails to find any discussion within the body of the
opinion setting forth the evidence upon which he relied in
extending the benefit of future medical treatment to
plaintiff. Yet, in reviewing the record as a whole, a remand
is unnecessary as the panel agrees that there is insufficient
evidence to justify the award of future medical...
