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Deleon v. Reinke Manufacturing Company

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Date: 
Wednesday, December 4, 2013

S-13-0015, Joel Deleon v. Reinke Manufacturing Co. (Appellant)

Nebraska Worker’s Compensation Court, Judge John Hoffert

Attorneys: Lee S. Loudon & Ami M. Huff (Appellee) --- Benjamin E. Maxell (Adams & Sullivan PC) (Appellant)

Civil: Temporary Total Disability; Indemnity, penalty, interest, attorney fees

Proceedings below: This case was previously before the Court of Appeals. See A-11-261, Deleon v. Reinke Manuf. (motion for summary affirmance granted). In the instant appeal, the trial court determined that plaintiff was entitled to TTD; he was TTD from November 30, 2010 to August 30, 2012, he was entitled to penalty, interest and attorney fees, and he was entitled to vocational evaluation and a LOEC analysis.

Issues: The trial court erred in (1) incorrectly determining that Deleon was entitled to receive temporary total disability indemnity benefits for the period of November 30, 2010 to August 30, 2012, and that Reinke is responsible for the payment of the same to Deleon; (2) finding Deleon is owed $15,830.51 in temporary total disability indemnity benefits, and that Reinke is responsible for the payment of the same to Deleon; (3) finding Deleon is entitled to a penalty of  $7,915.25, or in any other amount, and that Reinke is responsible for the payment of the same to Deleon; (4) determining that Deleon is entitled to any interest whatsoever on any amounts allegedly due and owing to Deleon, and that Reinke is responsible for the payment of the same to Deleon; (5) finding that Deleon is entitled to the receipt of any attorney fee whatsoever, and that Reinke is responsible for the payment; (6) finding Deleon was entitled to temporary total disability indemnity benefits for any period of time after Deleon reached maximum medical improvement for the totality of Deleon's physical injuries on November 30,2010; (7) incorrectly finding that Deleon was entitled to receive temporary total disability indemnity benefits for Deleon's alleged psychological injuries, where no evidence exists within the record that such alleged psychological condition kept Deleon from securing and/or maintaining gainful employment; (8)  finding Deleon was entitled to the appointment of a vocational rehabilitation counselor, a vocational evaluation, and a loss of earning capacity analysis, where the combined impairment of Deleon's scheduled member injuries does not equal or exceed thirty percent.

 

 

 

 

 

This page was last modified on Wednesday, December 4, 2013