Soltero v. Tyson Fresh Meats, 070816 NEWC, 0037

• Case Date: July 08, 2016
• Court: Nebraska

MARGARITA SOLTERO, Plaintiff, v. TYSON FRESH MEATS, Defendant. No. 0037 Doc. 215 Nebraska Workers Compensation July 8, 2016           ORDER OVERRULING DEFENDANT'S MOTION NUNC PRO TUNC           Julie A. Martin, J.          This matter came on before the Court on the 8 ^th day of July, 2016, on defendant's Motion Nunc ProTunc. Defendant argues that the Court erred in its award of temporary total disability benefits to plaintiff. The basis for its argument is essentially that the Court awarded weeks of temporary total disability benefits that had not been specifically claimed by plaintiff in her Pretrial Memorandum and therefore waived. The Court denies defendant's Motion.          In her petition, plaintiff specifically asked for all temporary total disability benefits she was entitled to for all the time missed from work due to her work-related injuries, which included her right thumb, left shoulder and bilateral carpal tunnel. In her pretrial memorandum, plaintiff claimed entitlement to 4.7 weeks of TTD for the periods of "07/30-8/17/14; 07/11-07/20/14; and 06/13-06/22/14." Based on the evidence, the Court ultimately found the carpal tunnel claim to be compensable and awarded benefits, including temporary total disability benefits for the time periods plaintiff was off-work due to her injury and recovering from carpal tunnel surgeryfrom September 3, 2014, through September 21, 2014, and again from November 24, 2014 through November 30, 2014. It is to those weeks that defendant objects.          First, the Court does not believe that defendant's request is correctly before the Court. Specifically, a motion under Neb.Rev.Stat. §48-180 is intended to correct ambiguities or clerical, patent, or obvious errors in an orderor award, which is not applicable to the circumstances at bar. An order nunc pro tunc is not to be used to change or reverse a judgment entered. Walsh v. City of Omaha, 11 Neb.App. 747, 660 N.W.2d...