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Blodgett-McDeavitt v. University of Nebraska12/7/2004
(not designated for permanent publication)
I. INTRODUCTION
The University of Nebraska (the University) appeals an award of medical benefits, permanent partial disability benefits, and vocational rehabilitation made by the Nebraska Workers' Compensation Court to Cynthia Blodgett-McDeavitt. The University argues that the trial court was clearly wrong in finding that Blodgett-McDeavitt suffered a work-related injury and in awarding Blodgett-McDeavitt any benefits. The University further argues that the three-judge review panel erred in reversing the trial court's calculation of Blodgett-McDeavitt's average weekly wage. Because we find that evidence exists on the record to support the trial court's findings, we affirm the trial court's award. In addition, we find that the review panel did not err in reversing the trial court's calculation of Blodgett-McDeavitt's average weekly wage. Accordingly, we affirm.
II. BACKGROUND
On September 3, 1999, Blodgett-McDeavitt filed a petition in the Nebraska Workers' Compensation Court, claiming she had sustained personal injury in an accident on September 11, 1997, which accident arose out of and in the course of her employment with the University. Blodgett-McDeavitt claimed she had received an electric shock while touching a cubicle divider panel, resulting in injuries to her left arm, left shoulder, upper back, and brain. Blodgett-McDeavitt sought permanent partial disability benefits and payment of medical bills, penalties, interest, and attorney fees. The University admitted that Blodgett-McDeavitt was employed by the University on September 11, but denied all other allegations.
A trial was held on April 22 and July 23 and 24, 2002. On March 3, 2003, the trial court entered an award finding that Blodgett-McDeavitt had suffered an electric shock during the course and scope of her employment with the University. The trial court further found that Blodgett-McDeavitt suffered a 14-percent permanent impairment to the body as a whole, and the court awarded Blodgett-McDeavitt permanent partial disability benefits for a 25-percent permanent loss of earning power. The trial court also awarded Blodgett-McDeavitt payment for past medical bills, as well as additional neuropsychological and psychological treatment in the future. Finally, the trial court awarded Blodgett-McDeavitt vocational rehabilitation services. The trial court calculated Blodgett-McDeavitt's average weekly wage by averaging Blodgett-McDeavitt's part-time salary, which she earned until June 2, 1997, with her full-time salary, which she earned after June 2, including the date of the alleged injury .
On March 14, 2003, the University filed an application for review before a three-judge review panel. Blodgett-McDeavitt cross-appealed the trial court's calculation of her average weekly wage. The review panel affirmed in part and in part reversed the order of the trial court. Specifically, the review panel affirmed the trial court's award with regard to Blodgett-McDeavitt's injury and award of benefits. The review panel stated, "Even though the members of the review panel may agree that as trial judges we would have weighed the evidence to the opposite conclusion, we cannot find that [the trial court's] findings of fact were clearly wrong, as evidence existed in the record in support of [the court's] findings." However, the review panel found that the trial court erred as a matter of law in its calculation of Blodgett-McDeavitt's average weekly wage and reversed and remanded the case for a recalculation of Blodgett-McDeavitt's partial disability benefits. This appeal now follows.
III. ASSIGNMENTS OF ERROR
On appeal, the U
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