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Smith v. Nebraska Medical Center

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Wednesday, October 16, 2013

A-12-1224, Grace Smith v. The Nebraska Medical Center and Safety National Casualty Corporation (Appellants)

Workers’ Compensation Court, Judge James R. Coe

Attorney for Appellant:  William J. Birkel (McGrath, North, Mullin & Kratz, P.C., L.L.O.)

Attorney for Appellee:  Sheldon Gallner, Laura L. Pattermann & Adam C. Tabor (Gallner & Patterman,  P.C.)

Workers’ Compensation:  Determination of Benefits

Action Taken by Trial Court:  The trial court awarded Smith future medical benefits, temporary total disability benefits, and compensation for a mental health injury.

Assignments of Error on Appeal:  Smith assigns that the trial court erred in: (1) finding that Smith was entitled to future medical care in the form of a spinal stimulator; (2) finding that Smith had suffered a compensable mental health injury; (3) awarding future medical care from non-authorized treating physicians; and (4) finding that Smith was not at maximum medical improvement and entitled to a continuation of temporary total disability payments.

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