Stacy v. Great Lakes Agri Marketing, Inc.

753 N.W.2d 785, 276 Neb. 236 (2008)

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Stacy v. Great Lakes Agri Marketing, Inc.

Nebraska Supreme Court
753 N.W.2d 785, 276 Neb. 236 (2008)

Facts

Michael Stacy (plaintiff) was employed by Great Lakes Agri Marketing (Great Lakes) (defendant) doing business as Bridgeport Tractor when he was hit in the knee with a piece of metal on July 21, 2004. Stacy filed for workers’-compensation benefits, including vocational-rehabilitation benefits. Stacy had deep vein thrombosis, and there was a question as to whether he had reflex sympathetic dystrophy (RSD). However, Stacy’s condition required anticoagulation therapy and medication for the foreseeable future. Stacy was offered a sedentary computer job by his manager, but he had no computer training or experience. The Workers’ Compensation Court appointed a vocational-rehabilitation counselor, who determined that Stacy’s work injury eliminated his earning capacity. By December 2005, Stacy’s physician, Dr. Bryan Scheer, determined that Stacy’s right leg was totally impaired. Bridgeport Tractor’s insurer informed Stacy that he was at maximum medical improvement, with a 22 to 23 percent impairment of the right lower extremity, and he received permanent partial disability. A single judge found that Stacy had RSD, producing a scheduled member injury, which reached maximum medical improvement on January 20, 2005. The judge found Stacy was not entitled to vocational-rehabilitation benefits because of the available sedentary job with Bridgeport Tractor. The judge awarded Stacy temporary total disability and 100 percent permanent loss of a scheduled member. Stacy petitioned for a review. The review panel affirmed the judge’s findings. Stacy appealed.

Rule of Law

Issue

Holding and Reasoning (Gerrard, J.)

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