 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Arbtin v. Puritan Manufacturing Co.5/17/2005
Inbody, Chief Judge, and Irwin and Carlson, Judges.
INTRODUCTION
Craig Arbtin appeals from the order of the Nebraska Workers' Compensation Court review panel affirming in part and in part reversing the award entered by the trial court. Puritan Manufacturing Co. (Puritan) and Columbia National Insurance Company/Columbia Insurance Group (Columbia) have cross-appealed. For the reasons set forth herein, we affirm the order of the review panel in its entirety.
STATEMENT OF FACTS
On September 3, 2002, Arbtin filed a petition in the Nebraska Workers' Compensation Court alleging that on September 15, 2000, he was employed by Puritan and sustained a personal injury in an accident arising out of and in the course of his employment. Arbtin claimed that at the time of the accident, he was employed by Puritan as a welder and was earning approximately $12.50 per hour. Arbtin also asserted that " is usual workweek included some overtime producing an average weekly wage of approximately $575.00."
The petition contained the following description of the accident:
[Arbtin] had welded a large piece of metal in a welding jig which was on two sawhorses, as he attempted to move it, the piece and the jig began to fall off the sawhorses. [Arbtin] bent forward and jerked the piece and the jig back onto the sawhorses. As he did this, he felt a pulling sensation in his left shoulder and neck area. He worked the remaining hour on his shift and went home. At home that evening he experienced severe pain in the neck, upper back area, and left shoulder and was unable to sleep due to the pain. He took some nonprescription pain medication, but this did not completely relieve his pain. He attempted to return to work on Monday, September 18, 2000, but his activities at work increased his pain and the owner of the company took him to Midwest Minor Medical for treatment. Dr. Yvonne Stephenson started conservative care and referred him to Dr. [David] Clough who believed he had suffered a Rhomboid strain and ordered a trial of physical therapy. [Arbtin] attempted to continue working, but was terminated by [Puritan] in December of 2000. [Arbtin] told Dr. Clough about his termination on January 3, 2001 and his continuing pain but Dr. Clough released him finding him to be at maximum medical healing. [Arbtin] sought treatment from [Dr.] Jay Parsow who examined him on January 8, 2001. Dr. Parsow then died suddenly that evening. [Arbtin] then sought treatment from Dr. Kurt Gold who referred him to Dr. [Kirk] Hutton for surgery for a left rotator cuff tear. Surgery was performed on July 18, 2001. Dr. Gold also referred [Arbtin] to Dr. [Leslie] Hellbusch for cervical surgery. The defendant Columbia [National] Insurance Company refused the request for cervical surgery and refused all further treatment after receiving the opinions of Dr. Dean Wampler who performed an independent medical examination. [Arbtin] needs further surgery and has suffered both permanent disability to his whole body and a permanent scheduled member disability due to his injuries.
Arbtin's petition further asserted that his accident resulted in injuries to his neck and left shoulder and in "pain into his left chest area and back from the neck to under the scapula." He claimed that he had been unable to work due to his injuries, meaning he had not worked since his employment was terminated by Puritan. Arbtin admitted that Columbia "has made some payments to for temporary total and permanent partial disability, medical expenses, and prescription medication, but has refused to allow all medical treatment that was required by the nature of injuries." In its answer to Arbtin's petition, Puritan admitte
Page 1 2 3 4 5 6 7 8 9 Nebraska Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|