Rauterkus v. Burton Plumbing Services, 021220 NEWC, 1102

Docket Nº:1102
Case Date:February 12, 2020
Court:Nebraska
 
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GARY M. RAUTERKUS, Plaintiff,
v.
BURTON PLUMBING SERVICES EMPLOYER, AND ACUITY INSURANCE, INSURANCE CARRIER, Defendants.
No. 1102
Doc. 216
Nebraska Workers' Compensation
February 12, 2020
          Jerald L. Rauterkus Attorney at Law Erickson Sederstrom, PC           Daniel P. Lenaghan Attorney at Law Sodoro, Mooney & Lenaghan, LLO          ORDER           DANIEL R. FRIDRICH, JUDGE.          On the 14th day of November, 2019, and the 28th day of January, 2020, this matter came on for hearing on the plaintiff’s Motion to Compel Payment of Medical Bills Related to Surgery. Jerald L. Rauterkus appeared on behalf of the plaintiff, and Daniel P. Lenaghan appeared on behalf of the defendants. Over the course of the two days this hearing was held, Exhibits 1 through 10 were received into evidence without objection.          On March 30, 2017, the parties stipulated the plaintiff injured his low back in an accident that arose out of and in the course of plaintiff’s employment with Burton Plumbing Services on January 4, 2016. The parties further stipulated that plaintiff was entitled to future medical treatment including but not limited to surgery recommended by Dr. George M. Greene. On April 5, 2017, this Court accepted the stipulations of the parties and found the plaintiff was “entitled to disability benefits and future medical care as may be reasonable and necessary for the evaluation and treatment of the injuries sustained by the plaintiff as a result of the accident.” Plaintiff now seeks an order from this Court compelling the defendants to pay for a lumbar interbody fusion at L5-S1 recommended by Dr. John W. McClellan. (E5; E8, p. 25).          The dates are unclear to the Court, but at some point in time after plaintiff’s work injury, he underwent two surgical laminectomies at the hands of Dr. Greene. (E8, p. 17; E10, p. 2). Surgery was conducted at the L3-4 level due to a disc herniation located there. (E10, p. 2).          Plaintiff eventually sought further medical care with Dr. McClellan, who first examined the plaintiff on May 2, 2018. (E8, p. 7). At that time, plaintiff was complaining of low back pain along with right leg pain and numbness. Id. Dr. McClellan’s impression was that plaintiff was suffering from a right L3 radiculopathy. (E8, p. 11). He ordered a lumbar CT to identify if the L3-4 level was unstable. Id. X-rays of the lumbar spine from May 2, 2018, showed severe disc space collapse, severe foraminal stenosis, and vacuum changes at...

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