MARIA FLORES RODRIGUEZ, Plaintiff,
JBS USA, LLC, Defendant.
Nebraska Workers' Compensation
August 26, 2019
Loudon Attorney at Law Law Office of Lee S. Loudon
Charles L. Kuper Attorney at Law Larson, Kuper &
Wenninghoff, P.C., LLO
E. STINE, JUDGE.
matter came on for hearing on August 21, 2019, on
Plaintiff’s Motion to Quash Defense Medical Examination
and Plaintiff’s Supplemental Motion to Quash Defense
Medical Examination. Plaintiff offered Exhibits 1 and 3 in
support of her motion, and defendant had no objection.
Exhibits 1 and 3 were received for purposes of
plaintiff’s motion. Defendant offered Exhibit 2 in
opposition to plaintiff’s motion, and plaintiff had no
objections. Exhibit 2 was received for purposes of
plaintiff’s motion. Plaintiff brought her motions
before the Court pursuant to Neb. Rev. Stat. §
48-162.03(2), because no Petition is currently on file with
the Nebraska Workers’ Compensation Court involving this
has scheduled plaintiff for a defense medical examination
pursuant to Neb. Rev. Stat. § 48-134. (E1; E3).
Plaintiff objects to the examination because the examination
is scheduled with Dr. Robert Arias, a neuropsychologist.
Plaintiff asserts that because Arias is not a physician as
that term is defined under Neb. Rev. Stat. § 58-151(1),
plaintiff is not required to attend the examination, and that
the examination should be quashed.
Court agrees with plaintiff’s argument that the
language of § 48-134 does not allow defendant to have
plaintiff examined by a neuropsychologist because a
neuropsychologist is not a “physician” as that
term is used in § 48-134. In Sanford v. Lincoln
Poultry & Egg Co., Inc., Doc. 210, No. 1601 (April
25, 2017), the Honorable John R. Hoffert found that pursuant
to § 48-151(1) a physician is “any person licensed
to practice medicine and surgery, osteopathic medicine,
chiropractic, podiatry, or dentistry in the State of Nebraska
or in the state in which the physician is practicing.”
Id. Judge Hoffert went on to find that a...