S-17-0985 Shelly R. Gimple (Cross-Appellant) v. Student Transportation of America and National Interstate Ins. Co. (Appellants)
Workers’ Compensation Court, Judge Daniel R. Fridrich
Attorneys: Abigail A. Wenninghoff and Jocelyn J. Brasher (Larson Kuper Law Firm) — Timothy E. Clarke, Caroline M. Westerhold, and Zachary W. Anderson (Baylor Evnen Law Firm)
Civil: Workers’ Compensation
Proceedings Below: The compensation court awarded temporary total disability benefits, with associated penalty benefits, and attorney fees and interest, and permanent partial disability benefits to the employee. The court did not address the validity of or the effect of a third-party settlement on the workers’ compensation award after finding that it lacked jurisdiction over the matter.
Issues: The compensation court erred when it (1) found that it lacked jurisdiction to determine the validity of the third-party settlement, to determine that the third-party settlement was considered compensation, and to determine whether Appellants were entitled to a credit; and (2) modified its initial award to find that Gimple was entitled to permanent partial disability benefits for an impairment to her left arm.
Issues on Cross Appeal: The compensation court erred when it failed to award penalties, attorney fees, and interest related to Appellants’ nonpayment of permanent partial disability benefits.