Simpson v. Lincoln Public Schools

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Simpson v. Lincoln Public Schools

Case Number
Court Number
Call Date
November 9, 2021
Case Time
9:30 AM
Case Summary

A-21-297, Lynne Simpson (appellant) v. Lincoln Public Schools (appellee)

Workers’ Compensation Court, Hon. Thomas E. Stine

Attorney for Appellant:  Joy Shiffermiller (Shiffermiller Law Office, P.C., L.L.O.)

Attorney for Appellee:  Joshua Schauer (Perry, Guthery, Haase & Gessford, P.C., L.L.O)

Civil Action:  Workers’ Compensation

Action Taken by Trial Court:  The compensation court denied the appointment of an independent medical evaluator. The compensation court entered an order and award finding for Simpson. The court found Simpson had a 9% vision loss in her left eye, Simpson’s average weekly wage for temporary disability benefits was $353.28, Simpson was not entitled to temporary total disability benefits, and Simpson was not entitled to penalties, attorney fees or interest for late payments.

Assignments of Error on Appeal:  On appeal, the appellant assigns that the compensation court erred (1) in finding Simpson’s cognitive deficits had resolved themselves by May 1, 2018 and that she had returned to her baseline cognitive level at that time; (2) in finding that Simpson was not entitled to the appointment of an Independent Medical Evaluator; (3) in finding that Simpson’s vision loss was a scheduled member loss and/or it was limited to 9%; (4) in finding that Simpson’s Average Weekly wage was $353.28; and (5) in finding that Simpson not to be entitled to TTD benefits.

Case Location
Court Type
Schedule Code
Panel Text
Pirtle, Chief Judge, Riedmann, and Welch, Judges