Averill v. Omaha Public Schools

Case Number(s)
A-23-0995
Court Number
Douglas
Call Date
Case Time
Case Audio
Case Summary

Nebraska Workers’ Compensation Court, Judge James R. Coe

Attorney for Appellant: Brian D. Moore

Attorneys for Appellee: Richard J. Rensch, Sean P. Rensch, Thomas C. Murphy

Action taken by trial court: Court awarded appellee temporary and permanent disability benefits, payment of past and future medical benefits, and a recredit of earned sick leave she utilized.

Assignments of Error: (1) The compensation court abused its discretion in admitting Exhibits 26, 27, 33, and 35-29 over appellant’s objection; (2) The compensation court erred and was clearly wrong in awarding payment of past medical expenses that were not supported by sufficient competent evidence in the record; (3) The compensation court erred and was clearly wrong in awarding payment of past medical expenses that predated the work injury; (4) The compensation court erred and was clearly wrong in awarding payment of past medical expenses for treatment clearly unrelated to the work injury; (5) The compensation court committed reversible error, by failing to draft an Award that provided for a meaningful appellate review and failing to specify the evidence upon which the judge relied in awarding payment of past medical expenses; and (6) The compensation court acted without and in excess of its powers by awarding a “recredit” of the appellee’s paid sick days.

Case Location
Lincoln
Court Type
WCC
Schedule Code
A2
Panel Text
Riedmann, Chief Judge, Moore and Bishop, Judges