Parks v. Hy-Vee, Inc.

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Parks v. Hy-Vee, Inc.

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10:30 am

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September 30, 2020
Case Time
9:00 AM
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Case Summary

S-20-0195 Donna Parks v. Hy-Vee, Inc. (Appellant)

Workers’ Compensation Court, Honorable Daniel R. Fridrich

Attorneys: Travis Allen Spier & Nolan Niehus, Senior Certified Law Clerk (Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O.) --- Paul Barta (Baylor Evnen, LLP) (Appellant)

Civil: Compensability of injury; modification of award

Proceedings Below: The trial court entered an award for Appellee in 2011.  On February 7, 2020, the trial court entered a further award, modifying the prior award.  On February 21, 2020, the trial entered and order modifying further award and awarded past medical and mileage expenses.

Issues: The trial court erred in 1) its application of the law-of-the-case doctrine to disregard the somatic symptoms diagnosis and in its failure to apply the law-of-the-case doctrine to Appellee’s alleged mental health injury. 2) in relying on its erroneous disregard of the somatic symptoms diagnosis as its basis to reject every argument Appellant made below, and 3) by using Nebraska Revised Statute Section 48-180 to correct a mistake made by opposing counsel—a purpose which is not contemplated or allowed by law.

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