A-16-1163, Michael Dupell v. Ford Storage & Moving Company and Vanliner Insurance (Appellants)
Workers’ Compensation Court
Attorneys for Appellants: Brian D. Moore, Abigail Ann Wenninghoff, & Tyler Christian Block (Larson Kuper Law Firm)
Attorneys for Appellee: Michael W. Khalili & Terry M. Anderson (Hauptman O’Brien Law Firm)
Workers’ Compensation Action: Claim for benefits for work-related injury
Action taken by the Trial Court: The trial court awarded Dupell benefits and found that he had a 50-percent loss of earning capacity.
Assignments of Error on Appeal: Did the trial court err in accepting highly prejudicial evidence that was not disclosed to it before trial? Did the trial court err in stating incorrectly in its award that the Appellants were offered a continuance? Did the trial court err in finding Dupell’s work accident was the proximate cause of his claimed restrictions without any evidence from a medical expert to that effect? Did the trial court err in failing to receive evidence of a prior apportionable injury? Did the trial court err in failing to apportion Ford Storage’s payment for a prior loss of earning capacity? Did the trial court err in failing to consider medical evidence that was relevant to Dupell’s work injury, physical health, and credibility?