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Hynes v. Good Samaritan Hospital

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Tuesday, April 30, 2013

S-12-0810, Kimberly L. Hynes v. Good Samaritan Hospital, a Nebraska Non-Profit Corporation (Appellant)

Nebraska Workers’ Compensation Court, Judge Michael K. High

Attorneys: John C. Fowles (Fowles Law Office PCLLO) --- Thomas D. Wulff (Wulff & Freeman LLC) (Appellant)

Civil: Claim for benefits under Workers’ Compensation Act

Proceedings below: The trial court entered an Award awarding plaintiff benefits for temporary total disability and permanent total disability. Additionally, medical expenses, future medical expenses and mileage were awarded. The Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: 1. The Appellant Court does not have a complete record of the trial proceedings held in the Nebraska Workers' Compensation Court on January 6, 2012. 2. The trial court erred in finding that the second and third incidents claimed by the plaintiff occurred or that she suffered a physical injury as a result. 3. The trial court erred in tying the three alleged incidents together and finding that the plaintiff s psychiatric issues flowed from some combination of them.

4. The trial court erred in overruling Defendant's Objections to the medical reports of Plaintiff s expert witness Paula Malin, M.D. 5. The trial court erred in awarding certain medical expenses claimed by the appellee.

This page was last modified on Tuesday, April 30, 2013