[Download] "Bruce D. Haney v. Aaron Ferer & Sons" by Nebraska Court of Appeals ~ eBook PDF Kindle ePub Free

July 01, 2021

eBook details

Title: Bruce D. Haney v. Aaron Ferer & Sons
Author : Nebraska Court of Appeals
Release Date : January 23, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

MUES, Judge. Aaron Ferer & Sons, Co., appeals from a review by the Workers' Compensation Court which upheld the trial Judge's award of temporary total disability, permanent partial disability, and vocational rehabilitation benefits to Bruce D. Haney. Ferer argues that there was no competent evidence to show that Haney suffered a 25-percent loss in earning capacity and that Haney's testimony regarding his employment and disability was not credible and therefore was not sufficient to support the court's award. We affirm the review panel's decision FACTS Bruce D. Haney was employed by Aaron Ferer & Sons, Co., on June 5, 1991, as a laborer torchman, earning $7.40 per hour cutting up metal or performing odd jobs, such as moving railroad ties. On June 5, during the course of his employment, Haney lifted a railroad tie and heard a loud pop in his back, which was followed by shooting pain in his lower back. Haney testified at the hearing that a typical railroad tie weighs approximately 110 pounds. Haney informed his foreman of the accident that day. On June 6, Haney went to see his family doctor, Dr. Scott Blair, who in turn referred him to Dr. Jay Parsow. Haney received treatment approximately twice a month for about a year from Dr. Blair and twice a month from Dr. Parsow. Both doctors prescribed medication and physical therapy. Dr. Parsow diagnosed Haney's condition as mild acute bilateral L5 and S1 radiculopathy. An MRI scan of Haney's lumbar spine revealed disc bulging at the L4-5 area, posteriorly to the left without changes of disc desiccation.