S-15-0002 Kimberly L. Hynes v. Good Samaritan Hospital, A Nebraska Non-Profit Corporation (Appellant)
Workers' Compensation Court, Judge Michael K. High
Attorneys: John C. Fowles (Fowles Law Office PCLLO) ---Thomas D. Wulff (Wulff & Freeman LLC) (Appellant)
Civil: Determination of benefits for injured worker
Proceedings below: This case was previously before the Supreme Court. See Hynes v. Good Samaritan Hospital, 285 Neb. 985 (2013) (judgement vacated and cause remanded for a new trial). Upon remand, the trial court found as a result of the incident of April 16, 2008, Plaintiff suffered an injury resulting in depression and post-traumatic stress syndrome which was made worse by the later two incidents of June 2, 2008, and late June or early July 2008. The court awarded certain medical and hospital expenses and awarded temporary total disability from July 20, 2008 to May 19, 2011. Thereafter, the court determined Plaintiff was permanently and totally disabled.
Issues: 1. 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. 2. 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. 3. The trial court erred in overruling Defendant's Objections to the medical reports of Plaintiff s expert witness Paula Malin, M.D.