Rodriguez v. JBS USA LLC, 123016 NEWC, 0053

Case DateDecember 30, 2016
CourtNebraska
JUAN PEREZ RODRIGUEZ, Plaintiff,
v.
JBS USA LLC, Defendant.
No. 0053
Doc. 216
Nebraska Workers Compensation
December 30, 2016
          Plaintiff: Daniel J. Thayer, Thayer & Thayer, P.C., LLO           Defendant: Charles L. Kuper, Larson, Kuper, Wenninghoff & Carney, P.C., LLO           AWARD           John R. Hoffert, Judge.          THIS CAUSE came on for hearing before the Nebraska Workers' Compensation Court at Grand Island, Hall County, Nebraska, on November 2, 2016, on the Petition of the plaintiff, Answer of the defendant and on the evidence, Judge John R. Hoffert, one of the judges of said court, presiding. Plaintiff appeared in person and was represented by counsel. Defendant was represented by counsel.          The Court having listened to the testimony presented at trial; having reviewed the exhibits received into evidence; having had the benefit of the closing arguments of counsel; and, being otherwise fully advised in the premises, finds as follows.           I .          Prior to the presentation of oral testimony, the parties advised the Court that they had reached numerous stipulations, as set forth in Exhibit 20. Specifically, the parties agreed to the following:
1. At the time of his alleged injury of April 18, 2014, plaintiff had an average weekly wage of $510.23 for purposes of temporary disability and $550.17 for purposes of permanent disability based on an hourly wage of $13.75. 2. At the time of his alleged injury of June 17, 2014, plaintiff had an average weekly wage of $517.52 for purposes of temporary disability and $553.92 for purposes of permanent disability based on an hourly wage of $13.85. 3. Plaintiff was employed by the defendant on the accident dates alleged. 4. Venue is proper in Grand Island, Hall County, Nebraska. 5. Plaintiff suffered accidents on both dates alleged. 6. Plaintiff is making no claim for temporary disability benefits. 7. Plaintiff is not entitled to vocational rehabilitation. 8. All medical benefits owed have been paid by defendant through the date of trial except for [the cost of] the Functional Capacity Evaluation performed at Kearney Physical Therapy on August 4, 2015.
         The Court accepts the stipulations of the parties and so finds.          The plaintiff offered Exhibits 1 through 15 into evidence. The defendant objected only to Exhibit 15, arguing that the functional capacity evaluation (FCE) and the attached billing expense for same were not relevant nor reasonable. The Court took the matter under advisement at the time of trial pending its review of the evidence in total. Having now had that opportunity and given the findings detailed below, the objection of the defendant is sustained.          Hence, plaintiff's Exhibits 1 through 14 were received into evidence. [With regard to the deposition transcript of Dr. Louis B. Walk (E5) the parties agreed that the Court could rule upon any objections set forth therein post-trial. The Court has reviewed that transcript and finds that all of the objections detailed therein ought to be and hereby are overruled.]          The parties made a joint offer of Exhibit 20, i.e. Joint Stipulations For Trial. The Court received Exhibit 20 into evidence.          The defendant, in turn, offered Exhibits 16 through 19 in evidence. The plaintiff offered no objection to the receipt of the tendered materials. Consequently, defendant's Exhibits 16 through 19 were received into evidence.           II.          In light of the stipulations of the parties relative to employment, average weekly wage, occurrence of accidents and the like, the first issue for the Court to resolve at trial is the determination of the nature and extent of the injury sustained by plaintiff in the stipulated accidents of April 18, 2014 and June 17, 2014.          Both in his Petition as well as during direct examination at trial, the plaintiff...

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