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Gann v. Vickers3/15/2005
(not designated for permanent publication)
INTRODUCTION
Pamela K. Gann sustained injuries while working for Vickers, Inc. The Workers' Compensation Court found Gann's injuries to be compensable and awarded various benefits. The review panel affirmed the trial court's award. Vickers appeals, alleging various errors, including errors with regard to the trial court's acceptance of certain medical evidence related to Gann's psychological injury. For the reasons set forth herein, we affirm.
BACKGROUND
Gann filed a petition with the compensation court on May 14, 2002. In her petition, Gann alleged that she sustained injuries in an accident arising out of and in the course of her employment with Vickers on May 5, 1993. Specifically, Gann alleged injury to her lower back, with pain radiating down her left leg, after "twisting" while performing her regular job duties. Gann alleged further that as a direct and proximate result of this occurrence, she was diagnosed with a herniated disk at L4-5 and subsequently developed a major depressive disorder brought on by the physical injuries sustained on May 5. Gann alleged that she was employed as a "burr person/helper," earning approximately $410.40 per week at the time of her accident.
Trial was held before the compensation court on March 20, 2003. We set forth such details of the evidence at trial as are necessary to our resolution of this appeal in the analysis section below.
The trial court entered an award in Gann's favor on July 2, 2003. The trial court found that Gann was employed by Vickers on May 5, 1993, as a laborer. The court further found that while engaged in the duties of her employment, Gann suffered injuries to her lower back from an accident arising out of and in the course of her employment while transferring machined parts from a parts tub to a pallet. The court noted Gann's testimony that the parts weighed up to approximately 60 pounds and that she injured her back while turning and twisting. The court noted that Gann's injuries were subsequently diagnosed as a "herniated lumbar disc, multiple level lumbar disc disease, lumbar facet syndrome, lumbar sprain/strain and reactive depression secondary to her [back] injury." The court referenced the location in the record of the medical causation opinions regarding Gann's back injury and Gann's depression. The court concluded that Gann was entitled to benefits as provided under the Nebraska Workers' Compensation Act.
The trial court found that at the time of the accident and injury, Gann was receiving an average weekly wage of $429.73, which was sufficient to entitle her to benefits of $265 per week for temporary total disability from May 21 through October 10, 1993, and January 11, 1995, through July 25, 2001. The court also noted that Gann was paid temporary partial disability from November 14 through December 14, 1993, and permanent partial disability from December 26, 1993, through January 21, 1995. The court noted that counsel stipulated that all indemnity itemized on exhibit 68 (list of indemnity payments made) had been paid and that the rates of payment were correct.
The trial court addressed the issue of Gann's status from and after July 26, 2001. The court found it clear from the office notes of Dr. Patrick Bowman, the orthopedic surgeon treating Gann, that Gann had "significant physiological injuries confirmed by MRIs and a discogram." The court noted that although Bowman and Dr. Kurt Gold, one of Bowman's partners, contemplated surgery, Bowman was concerned that Gann might not be a suitable surgical candidate because of her depression, secondary to her injury, pain, and limitations. The court noted B
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