Schafer v. Moen Steel Erection, Inc., 050718 NEWC, 0278

Docket Nº:0278
Case Date:May 07, 2018
Court:Nebraska
 
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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...

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