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Rivera v. K & B Transportation3/4/2003
(Not Designated for Permanent Publication)
I. INTRODUCTION
K & B Transportation, Inc. (K&B;, appeals from an order entered by a review panel of the Nebraska Workers' Compensation Court affirming an award of a trial judge of the compensation court granting compensation for injuries suffered by Gregory A. Rivera while Rivera was on the job. Because we find the record supports the findings of the compensation court, we affirm.
II. BACKGROUND
Rivera began working for K&B;in August 1998. Rivera's educational background includes a diploma earned through the GED program, no post high school education, and no other formal training. Rivera's employment history prior to working for K&B;consists of other truck-driving jobs.
On or about May 24, 2000, Rivera drove from Indiana to Denver, Colorado. Rivera arrived in Denver between 2 and 4 a.m. on May 25. Rivera dropped off a trailer and was told he could sleep for approximately 6 hours. After approximately 3 hours, Rivera was awakened with instructions to make a trip to Lexington, Nebraska. At approximately 4 p.m., Rivera left for Lexington. According to Rivera, he encountered hard rain and high winds near Lexington between 8 and 9 p.m. Rivera picked up a different trailer and left Lexington for Omaha, Nebraska.
Rivera testified that he arrived in Omaha about 5 a.m. on May 26. At approximately 10 a.m., Rivera's truck was unloaded and he attempted to get some sleep. According to Rivera, it was too noisy to get any sleep at that time. Rivera testified that he was feeling " xhausted, drained, very sleepy."
Rivera testified that K&B;instructed him that he needed to deliver a trailer to Madison, Nebraska. According to Rivera, he was told that he could not take time to shower or sleep before leaving. Rivera testified that he was instructed that he could get something to eat. Rivera drank some coffee and ate a sandwich, a salad, and some cake.
Rivera testified that he then filled a Styrofoam cup with ice, returned to his truck, made a "rum and coke" beverage, and drank it. Rivera then obtained more ice and made a second "rum and coke" beverage, which he also drank. Rivera testified that he then waited "a couple of minutes" before leaving for Madison. Rivera testified that he " bsolutely" did not feel intoxicated or impaired in any way after consuming two alcoholic beverages.
Rivera testified that he encountered rain and high winds on his way to Madison. According to Rivera, the wind kept blowing the trailer and Rivera had a difficult time controlling his truck and trailer. As Rivera approached the intersection of U.S. Highway 81 and Highway 91, he encountered a vehicle ahead of him moving at a slower pace than he was. According to Rivera, the highway he was traveling on was a four-lane highway, with two lanes of traffic moving in each direction. Rivera testified that he was traveling approximately 55 miles per hour and that he moved into the left lane to pass the slower moving vehicle. According to Rivera, when the back of his trailer was approximately even with the front of the vehicle, the driver of the vehicle sped up, cut in front of Rivera, and then slowed down, putting on the vehicle's left turn signal.
Rivera testified that he applied the "jake brake" on his truck, waited for another vehicle in the right lane to pass him, applied light brake pressure, and attempted to move his truck back into the right lane. According to Rivera, the truck began to hydroplane and ultimately ended up in a field.
Rivera testified that he felt pain in his chest, left arm, left knee, left leg, right leg, chin, and lower back. Acco
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