PERRY L. SCHAFER, Plaintiff,
v.
MOEN STEEL ERECTION, INC., Employer,
and
NEW HAMPSHIRE INSURANCE CO., c/o CHARTIS CLAIMS, INC., Workers’ Compensation Carrier, Defendants.
No. 0278
Doc. 214
Nebraska Workers' Compensation
May 7, 2018
Britany S. Shotkoski James E. Harris Attorneys at Law Harris
& Associates, PC, LLO
Jerald
L. Rauterkus Attorney at Law Erickson Sederstrom, PC Regency
Westpointe
ORDER ON PLAINTIFF’S MOTION TO COMPEL
DANIEL
R. FRIDRICH, JUDGE
On
February 5, 2018, and April 13, 2018, this matter came on for
hearing on plaintiff’s Motion to Compel Payment of
Medical and Dental Bills. James E. Harris appeared on behalf
of the plaintiff, and Jerald L. Rauterkus appeared on behalf
of the defendants. Exhibits 1 through 25 were received into
evidence. Arguments were made by each attorney and considered
by the Court. The Court has reviewed, considered and weighed
Exhibits 1 through 25 and the arguments made by both
attorneys. Having done so, the Court finds the
plaintiff’s Motion to Compel Payment of Medical and
Dental Bills is hereby sustained, in part, and overruled, in
part.
There
are three components to plaintiff’s Motion. First, it
seeks reimbursement of past dental bills paid by the
plaintiff allegedly for his total knee replacement. Second,
plaintiff seeks an order from this Court compelling the
defendants to pay for a lumbar fusion proposed by Dr.
Christopher Cornett. Lastly, plaintiff asks the Court to
order the defendants to pay for additional dental work
plaintiff alleges needs to be done before his lumbar fusion.
The Court will address each request in order.
Plaintiff
underwent a left total knee replacement on September 26,
2016. (E7, p. 13). Prior to that procedure, plaintiff
underwent a number of dental procedures. The bills for those
procedures are found at Exhibit 13, pages 8, and 12 through
14.
On
January 25, 2018, Dr. Ryan P. Boyd signed a “Medical
Questionnaire” in which he responded “yes”
to the question of “Were the dental bills (attached
Exhibit A) and Perry Schafer’s dental treatment
reasonable and...
