Bortolotti v. Universal Terrazzo and Tile Company

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Bortolotti v. Universal Terrazzo and Tile Company

Case Number
Call Date
August 29, 2019
Case Time
9:00 AM
Court Number
Case Location
Court Type
Case Summary

S-17-1024 Terry Bortolotti v. Universal Terrazzo and Tile Company, Columbia Insurance Group and Acuity Insurance Company

Workers’ Compensation Court, Judge Julie A. Martin

Attorneys:       John W. Illiff, Adam J. Wachal (Gross & Welch, P.C., L.L.O., for Appellants) — John F. Thomas, Jay D. Koehn (McGrath North Mullin & Kratz, P.C., L.L.O., for Appellee)

Civil:   Petition for further review; workers’ compensation

Proceedings Below:  The Nebraska Workers’ Compensation Court entered an award finding that Appellee sustained a work-related left-shoulder injury on June 14, 2013 and awarded him permanent partial disability benefits and past and future medical expenses. Appellants timely appealed and the Court of Appeals affirmed the lower court’s award as modified.

Issues:  Appellants’ claims assigned and argued in its brief, summarized and restated, include whether the court erred in 1) calculating Appellee’s average weekly wage; 2) overruling objections to Appellee’s exhibits over Appellants’ objections; 3) awarding Appellee future medical benefits; and 4) awarding Appellee past medical expenses. Appellee, on cross-appeal, assigns that the workers’ compensation court 1) abused its discretion in sustaining objections to several exhibits and 2) was clearly wrong in computing the amount it awarded Appellee for past medical expenses.

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