KELLY D. OLIVER, Plaintiff,
v.
PAULSEN CONSTRUCTION, Defendant.
No. 1006
DOC 206
Nebraska Workers Compensation
September 12, 2007
Hunter
A. Campbell, Attorney at Law
Walter
E. Zink II, Attorney at Law
AWARD
J.
Michael Fitzgerald, JUDGE
This
cause came on for trial this 25th day of April,
2007, in Lexington, Nebraska.
After
trial defendant submitted Exhibit 24 a letter dated May 11,
2007, with an attachment. Exhibit 24 was received into
evidence. After the defendant submitted Exhibit 24, the
plaintiff submitted an affidavit which is marked Exhibit 26.
Exhibit 26 was placed in the Court file. Exhibit 26 is
not received into evidence. The plaintiff also submitted
Exhibit 25. Exhibit 25 is received into evidence. Exhibits 24
and 25 refer to plaintiff’s deposition.
In the
summer and fall of 2003, the plaintiff was employed by the
defendant as a laborer/equipment operator. Plaintiff would
operate equipment including a roller which required that he
turn his head and operate equipment over rough ground. The
day before Thanksgiving in 2003, the plaintiff had severe
pain in his neck and down his left arm.
On
November 25, 2003, the plaintiff was treated at Superior
Family Medical Center (E18, p. 1). The plaintiff
had pain and numbness in his upper shoulder and neck that
radiated down his left arm. The diagnosis was cervical
stenosis of left arm radiculopathy. The plaintiff was to
rest. The plaintiff did have additional, continuing shooting
pains on December 5, 2003. In March 2004, the plaintiff noted
he had improved from Prednisone, but still had occasional
sharp, shooting pains in the left arm. An MRI on December 7,
2003, showed mild C-3-4 and C-4-5 degenerative disc disease
and minimal retrolithiasis C-3 upon C-4 with some central
disc bulging noted (E19, p. 2). Dr. Robert Leibel
recommended physical therapy (E18, pp. 1-2). The plaintiff
attended physical therapy from March 4, 2004, through March
11, 2004 (E19, pp. 4-8). The plaintiff ceased physical
therapy because his father was ill.
On
March 11, 2004, Jason Hass...
