 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Lucas v. Anderson Ford11/23/2004
INTRODUCTION
Kyle Lucas appeals from an order of the review panel of the Nebraska Workers' Compensation Court reversing the trial court's award of benefits to Lucas and dismissing Lucas' petition against Anderson Ford and Mid-Century Insurance (collectively Anderson); Michael K. High, conservator-trustee of the Workers' Compensation Trust Fund (Trust Fund); and the State of Nebraska. High and the State cross-appeal. For the reasons set forth below, we affirm. We hereby withdraw the opinion in this case released on October 12, 2004, previously found at Lucas v. Anderson Ford, 12 Neb. App. 951, 687 N.W.2d 430 (2004), and this opinion shall supersede and replace our earlier opinion.
BACKGROUND
On March 14, 2001, Lucas filed a petition, claiming that he injured his left hip in a work-related accident in March 1996 while working for Anderson Ford. In its answer, Anderson denied liability for Lucas' injuries. On October 25, Anderson filed a motion asking leave to file a third-party complaint against the Trust Fund, stating in the proposed complaint that the Trust Fund was liable because Lucas had an amputation below the left knee at the time he was hired by Anderson Ford and Anderson Ford had actual knowledge of Lucas' amputation.
In an order filed November 9, 2001, the trial judge directed Anderson to add High, the presiding judge of the Nebraska Workers' Compensation Court and by statute the person "charged with the conservation of the assets of the Workers' Compensation Trust Fund," Neb. Rev. Stat. ยง 48-162.02(8) (Cum. Supp. 2002). After the filing of an amended third-party petition, High filed an answer on February 8, 2002, stating that he was not a proper party to this lawsuit.
Trial on Lucas' petition was held on June 25, 2002. At trial, Lucas testified that in the 1970's, he was involved in a motorcycle accident which resulted in the amputation of his left leg below the knee. The record shows that Lucas has worn a prosthesis since that time. Lucas testified that Anderson Ford was aware that he is an amputee and that at times he would use crutches or a cane while at work.
Lucas testified that since his motorcycle accident, he has suffered from chronic osteomyelitis, which is an infection in his bones, in addition to "phantom pain." The evidence describes phantom pain as pain triggered by nerves damaged as a result of an amputation.
In March 1996, Lucas was working as a manager at Anderson Ford and assisted customers with leasing vehicles, in addition to selling customers new vehicles. The record shows that on March 31, Lucas was sitting at a desk talking to a co-worker who was seated across from him. At trial, the co-worker testified that Lucas then stood up from the desk and that a look of severe pain crossed Lucas' face. The co-worker testified that Lucas' eyes then rolled back into his head and that Lucas fell flat on the floor to Lucas' left. The co-worker testified that Lucas did not hit anything as he fell but did knock something off the desk and that Lucas' chair moved as a result of the fall. The co-worker testified that he did not see Lucas stumble or trip prior to his fall.
Lucas testified that when he stood up, he felt a "pain or a tugging" on his left leg from an unknown source. Although Lucas could not specify what he caught his left leg or foot on, he stated that there were numerous items underneath and near the chair on which he was sitting, including a roller pad, electrical cords, desk legs, and chair legs. Lucas also testified that besides a tugging sensation, he felt a severe pain in his left hip area. Lucas testified that he immediately passed out and remembers waking up with several peopl
Page 1 2 3 4 5 6 Nebraska Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|