Vinson v. Omaha Public Schools, 091207 NEWC, 0434

Case DateSeptember 12, 2007
CourtNebraska
BERNICE VINSON, Plaintiff,
v.
OMAHA PUBLIC SCHOOLS, Defendant.
No. 0434
DOC 207
Nebraska Workers Compensation
September 12, 2007
          Timothy S. Dowd, Attorney at Law           Lindsay K. Lundholm Kirk Blecha, Attorneys at Law           AWARD           Michael P. Cavel, JUDGE          This cause came on for hearing before the Nebraska Workers' Compensation Court at Omaha, Douglas County, Nebraska, on September 7, 2007, on the pretrial order of September 5, 2007, and on the evidence, Judge Michael P. Cavel, one of the judges of said court, presiding. The plaintiff appeared in person and was represented by counsel. The defendant was represented by counsel. Testimony was taken, evidence adduced, cause submitted, and the Court, being fully advised in the premises, finds as follows:          I.          Bernice Vinson was employed by Omaha Public Schools on December 4, 2006, at an average weekly wage of $659.87 and gave Omaha Public Schools timely notice of her alleged injury. These findings are based upon the stipulations of the parties as set out in the pretrial conference memorandum and pretrial order.          II.          The first issue for the Court to resolve concerns whether the plaintiff sustained an injury by accident arising out of and in the course of her employment with the defendant on December 4, 2006. The Court answers this issue in the affirmative. An injury is defined as violence to the physical structure of the body. The plaintiff has testified to striking her left knee on the door-opening mechanism of the bus she operated in the course and scope of her employment. Although Dr. Wampler did not appreciate any objective signs of injury, he did note that the plaintiff was markedly tender over the medial joint line. A week later, Dr. Halgren noted resolving ecchymosis. All in all, the Court is persuaded that the plaintiff suffered injury by accident arising out of and in the course of her employment with the defendant on December 4, 2006.          III.          The next issue concerns the nature and extent of any temporary disability caused by such...

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