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Blank v. Ballantyne of Omaha9/28/2004
(not designated for permanent publication)
I. INTRODUCTION
Ballantyne of Omaha, Inc., and Liberty Mutual (collectively referred to as "Ballantyne") appeal from a decision of the Workers' Compensation Court review panel which affirmed in part the decision of the workers' compensation trial court. The trial court awarded compensation benefits to Jennifer Blank and did not specifically order that Ballantyne receive credit for payments previously made to Blank. Blank cross-appeals, alleging that the trial court erred in, inter alia, not awarding Blank a specific medical device as part of her benefits, finding that Blank had reached maximum medical improvement, determining Blank's loss of earning capacity, and making chronological errors in the compensation award. The review panel has already ordered this case remanded for a reasoned decision concerning Blank's entitlement to future medical benefits. We remand the cause to the review panel for further remand to the trial court. We find that on remand, the trial court should specifically grant Ballantyne credit for benefits already paid, should remedy the chronological errors in the compensation award, and should determine whether the chronological errors impact the trial court's findings concerning maximum medical improvement and loss of earning capacity.
II. BACKGROUND
On February 28, 2003, the trial court awarded Blank benefits for an employment-related injury suffered on or about November 1, 2000. In the award, the trial court awarded Blank benefits for various periods of temporary total disability totaling 30 1/7 weeks. The trial court also awarded Blank benefits for various periods of temporary partial disability totaling 4 4/7 weeks. The trial court found that Blank had reached maximum medical improvement on November 29, 2001, and found that Blank suffered a 10-percent loss of earning capacity.
At trial, Ballantyne presented evidence that Blank had previously been paid for 24 weeks of temporary total disability and for 4 4/7 weeks of temporary partial disability. Blank testified that Ballantyne's evidence concerning benefits already paid was accurate. The parties stipulated that the amount of benefits indicated on Ballantyne's exhibit was accurate. Nonetheless, the trial court failed to indicate that Ballantyne was entitled to a credit for the benefits already paid or to indicate why no credit was being given. Similarly, the trial court failed to indicate whether Blank was entitled to future medical benefits.
On March 12, 2003, Blank filed an application for review by the review panel. Blank asserted that the trial court erred in failing to award future medical benefits; in failing to award a specific medical device, an "Alpha Stim 100 TENS" unit; in finding that she had reached maximum medical improvement; in assessing her loss of earning capacity; and in making chronological errors in the trial court's recitation of the history of Blank's medical treatment. On the same date, Ballantyne also filed an application for review by the review panel, asserting that the trial court erred in failing to give Ballantyne a credit for benefits previously paid to Blank.
On December 8, 2003, the review panel entered an order on review. The review panel found that there was evidence to support the trial court's findings concerning maximum medical improvement and loss of earning capacity. The review panel found that the chronological errors in the trial court's recitation of the history of Blank's medical treatment were merely typographical errors. The review panel found, however, that the trial court failed to provide a reasoned decision concerning Blank's entitlement to future medical b
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