GARY M. RAUTERKUS, Plaintiff,
BURTON PLUMBING SERVICES EMPLOYER, AND ACUITY INSURANCE, INSURANCE CARRIER, Defendants.
Nebraska Workers' Compensation
February 12, 2020
L. Rauterkus Attorney at Law Erickson Sederstrom, PC
P. Lenaghan Attorney at Law Sodoro, Mooney & Lenaghan,
R. FRIDRICH, JUDGE.
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.
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).
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).
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...