Thonen v. Redman Home Builders, Inc., 031411 NEWC, 1668

• Case Date: March 14, 2011
• Court: Nebraska

PAMELA THONEN, Plaintiff, v. REDMAN HOME BUILDERS, INC., Defendant. No. 1668 DOC 199 Nebraska Workers Compensation March 14, 2011           Rolf E. Shasteen, Attorney at Law Shasteen, Scholz & Morris, P.C.           Shirley K. Williams           AWARD           J. Michael Fitzgerald, JUDGE          APPEARANCES:          This matter comes on for trial this 28^th day of February, 2011, upon the application of defendant to modify an Award entered April 2, 2001, and a Further Award entered December 22, 2003. The only issues to be decided in this trial is whether or not the plaintiff reached maximum medical improvement or maximum medical recovery from depression and the anxiety disorder caused by the accident and physical injuries suffered June 24, 1999, and whether or not the plaintiff has any permanent impairment as a result of the depression and anxiety disorder.          The Order of December 22, 2003, which ordered defendant to pay for plaintiff’s psychological and psychiatric treatment for depression and anxiety was based upon a report dated August 22, 2002, by Dr. Bruce Gutnik.          Dr. Gutnik did not examine or treat the plaintiff after August 21, 2002, until January 9, 2008. In a report dated January 11, 2008, Dr. Gutnik stated that he reviewed medical records of plaintiff’s treatment after August 22, 2002, and viewed a videotape. It was Dr. Gutnik’s opinion that plaintiff reached maximum medical improvement for her depression and anxiety disorder sometime prior to May 2006. See also deposition of Dr. Gutnik marked Exhibit 71 at pages 23 –31.          Dr. Eli Chesen stated in Exhibit 73, pages 1 – 24 that the plaintiff suffers nothing in the way of psychiatric sequelae related to her former employment with Champion-Redman. This report marked Exhibit 73 is dated September 21, 2005, after an examination on September 19, 2005.          Plaintiff has submitted a report from Patricia Street-Theis, Ph.D. prepared sometime after August 14, 2008, which is marked Exhibit 69. The report states that plaintiff’s "current phobic response...