Rodriguez v. JBS USA, LLC, 082619 NEWC, 1096

Docket Nº:1096
Case Date:August 26, 2019
JBS USA, LLC, Defendant.
No. 1096
Doc. 219
Nebraska Workers' Compensation
August 26, 2019
          Lee S. Loudon Attorney at Law Law Office of Lee S. Loudon           Charles L. Kuper Attorney at Law Larson, Kuper & Wenninghoff, P.C., LLO           ORDER           THOMAS E. STINE, JUDGE.          This 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 matter.          Defendant 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.          The 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...

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