S-15-0411 Andrei Tchikobava (Appellant) v. Albatross Express LLC
Nebraska Workers' Compensation Court, Judge Daniel R. Friedrich
Attorneys: James Bocott (Appellant) --- Patrick B. Donahue (Cassem Tierney Adams Gotch & Douglas)
Civil: Determination of benefits
Proceedings below: The trial court found Plaintiff/Appellant suffered a work related injury and was entitled to TTD for a period of time and permanent total disability from May 2, 2014 through the remainder of his life or until his disability no longer exists. The court found Appellant was not entitled to TTD from a period of December 9, 2010 through May 1, 2014. Further, the court found Appellant was not entitled to future medical care, home health care services, and was not entitled to penalties, attorney fees or interest.
Issues: 1. The trial court erred when it sustained Defendant's hearsay objection to the receipt of Plaintiff s treating doctor's deposition, taken in a third party case, for the reason that the deposition testimony qualifies as an exception to the hearsay rule under Nebraska Discovery Rule $ 6-332 and qualifies as a Rule l0 report under the Rules of the Workers Compensation Court. 2. The trial court erred by concluding that Plaintiff was not entitled to temporary total disability indemnity benefits from December 9, 2010, through May 1, 2014, despite testimony and medical evidence that Plaintiff s condition and disability remained unchanged from December of 2010 through May of 2014. 3. The trial court erred by failing to award future medical expenses for Plaintiff.