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...