Fentress v. Westin, Inc.

Summary

The Nebraska Supreme Court affirmed a Workers’ Compensation Court order awarding Suzy Fentress temporary total disability benefits, medical treatment, and attorney fees. The court held that Westin could not withdraw its motion to determine maximum medical improvement after the evidentiary hearing, that an audio recording of Fentress’ physician consultation was properly admitted, and that the medical treatment at issue was compensable. The court declined to consider Fentress’ purported cross-appeal because it did not comply with appellate briefing requirements.

Holdings

1. The court declined to consider the merits of Fentress's purported cross-appeal because her brief did not present a proper cross-appeal with separately assigned errors and the required appellate-brief components.
2. The Workers' Compensation Court did not err in denying Westin's motion to withdraw its motion to determine maximum medical improvement.
3. The Workers' Compensation Court did not abuse its discretion by admitting the recording of Fentress's consultation with Dr. Aviles.
4. Because Westin denied compensability and failed to authorize additional care through the existing referral chain, Fentress could select her own physician and seek compensation for treatment that was otherwise compensable.
5. The compensation court's finding that Fentress was temporarily totally disabled was supported by the record and was not clearly wrong.
6. Westin did not establish an independent intervening cause that relieved it of liability for Fentress's ongoing compensable condition.
7. The compensation court did not err in awarding Fentress $2,500 in attorney fees.

Questions Presented

1. Whether the Workers' Compensation Court properly denied Westin's motion to withdraw its motion to determine maximum medical improvement after the evidentiary hearing.
2. Whether the Workers' Compensation Court abused its discretion by admitting a recording of Fentress's consultation with Dr. Aviles.
3. Whether Fentress's treatment with Dr. Nelson was compensable despite her not following the ordinary physician-referral chain.
4. Whether the evidence supported an award of temporary total disability benefits.
5. Whether Westin proved an independent intervening event that broke the causal connection between the work injury and Fentress's ongoing condition.
6. Whether the Workers' Compensation Court erred in awarding Fentress $2,500 in attorney fees.
7. Whether Fentress's purported cross-appeal should be considered despite her failure to separately assign errors.

Disposition

affirmed