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Negotiated Settlement: Carr v. State of Nebraska

by | Sep 23, 2011 | Cases

Negotiated Settlement

The plaintiff was involved in work-related accident that resulted in temporary total disability. As a result of the injury, the plaintiff must use a motorized scooter for mobility, requiring modifications to her car and house to accommodate the scooter. The defendant was ordered to pay the plaintiff’s medical bills, totaling $461,190.02, as well as the costs for the scooter and its upkeep, pool passes and bus basses, and necessary modifications to the home and car.

Carr v. State of Nebraska

IN THE NEBRASKA WORKERS’ COMPENSATION COURT
ELNORA CARR, Plaintiff, vs. STATE OF NEBRASKA, Defendant.
DOC 208 NO. 1837
ORDER FOR STIPULATED AWARD

This matter comes before the Court on the request of the parties for an order of a stipulated award as set forth below:

  1. That the Plaintiff sustained an accident arising out of and in the course of her employment on or about October 25, 2006, which resulted in injury to the Plaintiff’s left upper extremity.
  2. That the accident occurred in Omaha, Douglas County, Nebraska.
  3. That the Plaintiff gave timely notice of said accident.
  4. That on the date of said accident the Plaintiff was earning an average weekly wage of $837.15 for purposes of temporary and permanent disability.
  5. That the Plaintiff was temporarily partially disabled from October 30, 2006 to November 12, 2006. That the Plaintiff was temporarily totally disabled from November 13, 2006 to May 20, 2008. All temporary indemnity benefits owed plaintiff have been paid by defendant. Plaintiff is not entitled to any temporary indemnity benefits other than as set forth herein.
  6. That the Plaintiff reached maximum medical improvement for her injuries on May 20, 2008.
  7. That as a result of the October 25, 2006, accident and injury the Plaintiff suffered a 10% permanent impairment to the left upper extremity. All permanent indemnity benefits owed to Plaintiff have been paid to Plaintiff by Defendant. That the Plaintiff is not entitled to any permanent indemnity benefits other than as set forth herein.
  8. That the Defendant has paid $461,190.02 in medical bills and expenses. That as of the date of this agreement, all medical bills and expenses have been paid by the Defendant except for the following expenses which the Defendant agrees to pay:
    • Pool Passes $280.00
    • iBus passes $480.00
  9. That aside for the above expenses set forth in paragraph 8, that as of the date of this agreement all out of pocket expenses (payments made for medications, pool passes for therapy, bus passes, etc.) incurred by Plaintiff as a result of the accident of October 25, 2006, have been reimbursed to Plaintiff by Defendant.
  10. That prior to the accident of October 25, 2006, Plaintiff had limited/restricted use of her right upper extremity and bilateral lower extremities secondary to her history of Polio. As a result of these limitations Plaintiff ambulated with the assistance of crutches.
  11. That as a result of her October 25, 2006 accident, Plaintiff’s now requires the regular use of a motorized scooter. Due to the Plaintiff’s dependency on the motorized scooter, she is in need of a vehicle that can be modified to transport Plaintiff’s scooter and modifications must be made to the Plaintiff’s home so that she can use the scooter in her home.
  12. That the vehicle Plaintiff owned at the time of her October 25, 2006, accident could not be modified or the use and transportation of Plaintiff’s motorized scooter.
  13. That the Defendant has paid the Plaintiff $39,301.00 for the purchase of a modifiable vehicle and to have recommended modifications made to the vehicle and paid $47,350.00 for expenses related to home modification and moving expenses.
  14. That with regard to future maintenance and repairs to Plaintiff’s vehicle, Defendant is responsible only for maintenance and or repairs to the modified portions of the vehicle. Routine maintenance of the vehicle (oil changes, engine service, etc) and repairs to the remainder of the vehicle are the responsibility of the Plaintiff.
  15. That with regard to the maintenance and/or repairs to the Plaintiff home or its contents, Defendant is only reliable for repairs made to modified portions of the home (ramps, chair lifts, grip bars, etc.). All other maintenance and/or repairs needed on the home are the responsibility of the Plaintiff including but not limited to repair/replacement of flooring and appliances.
  16. That as a result of her October 25, 2006, accident, Plaintiff’s now and in the future so long as she requires the use of a scooter, needs the assistance of a home cleaning due to the fact that she can no longer effectively ambulate. That the Defendant agrees to pay reasonable costs for future home cleaning for as long as Plaintiff’s physicians find such services necessary.
  17. That as a result of her October 25, 2006 accident, Defendant is responsible for the repairs, maintenance and/or replacement of the Plaintiff’s scooter.
  18. That the Plaintiff is not claiming further entitlement to vocational rehabilitation at this time as she continued to perform suitable employment for which she has training and experience with the defendant, thus, satisfying priorities “a” and “b” as set forth in §48-162.01 (3).
  19. As a result of plaintiff’s accident of October 25, 2006, and injuries and disability resulting therefrom, plaintiff is entitled to future reasonable and necessary medical care arising out of said injury.

IT IS SO ORDERED.

Dated this 16th day of September, 2009.
BY THE COURT:
/s/ Ronald L. Brown
Honorable Ronald L. Brown

PREPARED AND SUBMITTED BY:
Jeffrey F. Putnam, #21527
Law Offices of Jeffrey F. Putnam
6790 Grover Street, Suite 250
Omaha, Nebraska 68106
(402) 505-3555
(402) 391-4039 (Fax)
Attorney for Plaintiff

REVIEWED AND APPROVED BY:
/s/Tracy L. Warren
Tracy L. Warren, #22723
Assistant Attorney General
2115 State Capitol
Lincoln, NE 68509-8920
Tel: (402) 471-2682
Attorney for Defendant