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Longe v. Hawkins Construction Co.3/15/2005
is generally tested under the statutory definition of an accident. See Schlup v. Auburn Needleworks, 239 Neb. 854, 479 N.W.2d 440 (1992). Three elements must be satisfied under the statutory definition of an accident: (1) The injury must be unexpected or unforeseen, (2) the accident must happen suddenly and violently, and (3) the accident must produce at the time objective symptoms of an injury. Jordan v. Morrill County, supra. The "unexpected or unforeseen" requirement of an accident, as defined in Neb. Rev. Stat. § 48-151(2) (Reissue 2004), is satisfied if either the cause was of an accidental character or the effect was unexpected or unforeseen. McLaughlin v. Self-Insurance Servs., 219 Neb. 260, 361 N.W.2d 585 (1985). The second element of § 48-151(2) requires that an employee's injury must occur "suddenly and violently" to be compensable, which element is satisfied if the injury occurs at an identifiable point in time requiring the employee to discontinue employment and seek medical treatment. See Vonderschmidt v. Sur-Gro, 262 Neb. 551, 635 N.W.2d 405 (2001). The third element of § 48-151(2)--that the accident produce objective symptoms--is satisfied if the symptoms manifest themselves according to the natural course of such things without any independent intervening cause. Sandel v. Packaging Co. of America, 211 Neb. 149, 317 N.W.2d 910 (1982). Clearly, the first and third requirements in the instant case are satisfied because the "effect," a cervical fusion, was unforeseen and because there was an objective manifestation of symptoms with no intervening cause. Thus, the only element at issue here is the "suddenly and violently" requirement.
We read the trial judge's order to be that the suddenly and violently element occurred in this case on August 30, 2000, and that the mirror incident was the event which precipitated significant neck pain.
For purposes of the Nebraska Workers' Compensation Act, "suddenly and violently" [in the context of a repetitive trauma claim] does not mean instantaneously and with force, but, rather, the element is satisfied if the injury occurs at an identifiable point in time requiring the employee to discontinue employment and seek medical treatment.
Jordan v. Morrill County, 258 Neb. at 389, 603 N.W.2d at 419. In short, the injury must result in disability, and the disability must be such that the employee can no longer perform the work required--even if it is just a work stoppage to seek medical attention. See Vonderschmidt v. Sur-Gro, supra. " topping work to seek medical attention, after which attention the employee returns to work, is sufficient to establish the 'identifiable point in time' component of the 'suddenly and violently' test." Armstrong v. Watkins Concrete Block, 12 Neb. App. 729, 738, 685 N.W.2d 495, 504 (2004).
In the instant case, there is no evidence that Longe actually missed work for the September 18, 2000, medical appointment with Dr. Brown. However, Longe clearly missed work beginning in March 2001, and we know of no authority that requires immediate cessation of employment upon injury , occurrence of symptoms, or consultation with a doctor in order to establish a compensable claim. In this regard, we recall that the Nebraska Workers' Compensation Act is to be broadly construed to accomplish its beneficent purpose. See Miller v. E.M.C. Ins. Cos., 259 Neb. 433, 610 N.W.2d 398 (2000).
Nonetheless, Dr. Brown's report of the September 18, 2000, visit indicates that Longe was experiencing increased muscle spasms in his neck. Dr. Brown also stated that he had a note from Theiler, Longe's physical therapist, which stated that Longe had had a significant increase in neck stiffness since his return to work. Dr
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