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Queme v. IBP6/21/2005
proper based on the evidence. See Torres v. Aulick Leasing, 258 Neb. 859, 606 N.W.2d 98 (2000) (there can be no meaningful appellate review by review panel when trial court's decision does not comply with rule 11). Without a well-reasoned decision from the trial court as to temporary partial disability, neither the review panel nor this court can provide a meaningful appellate review as to an award for temporary partial disability. See Hale v. Standard Meat Co., 251 Neb. 37, 554 N.W.2d 424 (1996). Thus, we reverse the judgment of the review panel affirming the trial court's award as to temporary partial disability and remand this matter to the trial judge with directions to enter an award complying with rule 11, considering the issue of Ana's entitlement to temporary partial disability.
2. Did Trial Court Err in Not Granting Temporary Total Disability?
Ana asserts that the trial court erred in failing to award temporary total disability to her after August 30, 2002. The trial court awarded temporary total disability from August 6 to 30 and stated, "After August 30 . . . Dr. Adamson reiterates in virtually every note that is able to work on a light duty basis. The Court concludes, therefore, that is not entitled to additional temporary disability benefits." The review panel found that the evidence supported the trial court's conclusion that Ana was not entitled to any temporary disability, total or partial, after August 30.
The question of the length of temporary total disability is a question of fact. Dawes v. Wittrock Sandblasting & Painting, 266 Neb. 526, 667 N.W.2d 167 (2003). If the record contains evidence to substantiate the factual conclusions reached by the trial judge in workers' compensation cases, an appellate court is precluded from substituting its view of the facts for that of the compensation court. Id. Factual determinations made by the Workers' Compensation Court will not be set aside on appeal unless such determinations are clearly erroneous. Toombs v. Driver Mgmt., Inc., 248 Neb. 1016, 540 N.W.2d 592 (1995).
Temporary disability is the period during which the employee is submitting to treatment, is convalescing, is suffering from the injury, and is unable to work because of the accident. Dawes v. Wittrock Sandblasting & Painting, supra. Total disability exists when an injured employee is unable to earn wages in either the same or a similar kind of work he or she was trained or accustomed to perform or in any other kind of work which a person of the employee's mentality and attainments could perform. Id.
In looking to Dr. Adamson's notes, which the trial court relied upon, we observe that on August 6, 2002, Dr. Adamson recommended, "No work through August 15, 2002." He stated in his notes, "This isn't work comp so we just took her off work. If it were, her restrictions would be 10 minutes per hour on feet. No squatting, pivoting, or climbing." On August 30, he stated, "She is about the same as last time, it still hurts," but " he is able to work." Therefore, Dr. Adamson released Ana to work on August 30, but did not specifically provide any restrictions.
However, on October 1, 2002, Ana's next visit, Dr. Adamson said that he "consider this to be work comp related" and that " he pain in her right hip has recurred. . . . It's gotten worse now." His recommendation was that she could do light-duty work, but no climbing or repetitive squatting. On January 14, 2003, Dr. Adamson stated that "she may work," but recommended no squatting, stooping, bending, or lifting "over 20 lbs x 1 month." On February 4, Dr. Adamson recommended she "avoid repetitive stooping, bending and lifting." On March 4, Dr. Adamson recommended th
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