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Green v. Drivers Management2/15/2002
mpensation Court, as a statutory tribunal, is a court of limited and special jurisdiction and possesses only such authority as is delineated by statute.
16. Workers' Compensation. The only Nebraska Workers' Compensation Act provisions that permit a judge to modify or change previously issued orders are Neb. Rev. Stat. §§ 48-141 and 48-180 (Reissue 1998).
17. Courts: Workers' Compensation. Neb. Rev. Stat. § 48-180 (Reissue 1998) is the statutory embodiment of nunc pro tunc principles.
18. Judgments: Records. The office of an order nunc pro tunc is to correct a record which has been made so that it truly records the actions had, which, through inadvertence or mistake, was not truly recorded.
19. Judgments. It is not the function of an order nunc pro tunc to change or revise a judgment or order, or to set aside a judgment actually rendered, or to render an order different from the one actually rendered, even though such order was not the order intended.
20. Workers' Compensation: Final Orders. If future medical expenses are not part of a final award, the judgment is final, and any future claims for medical expenses related to the same accident are absolutely barred unless the requirements of Neb. Rev. Stat. § 48-141 (Reissue 1998) are met.
21. Judgments. An order nunc pro tunc may be supported by the judge's notes, court files, other entries of record, or other evidence, oral or written, which is sufficient to establish that the order is required to make the record reflect the truth.
Petition for further review from the Nebraska Court of Appeals, Irwin, Chief Judge, and Sievers and Carlson, Judges, on appeal thereto from the Nebraska Workers' Compensation Court. Judgment of Court of Appeals affirmed in part, and in part reversed.
NATURE OF CASE
Stanley Green injured his back in the course of his employment, and the trial judge of the Nebraska Workers' Compensation Court awarded him payments for temporary total disability and permanent partial disability. Green was also awarded the opportunity to receive vocational rehabilitation services. Green's employer, Drivers Management, Inc. (DMI), was ordered to pay various medical bills. A review panel of the compensation court affirmed the award and assessed attorney fees against DMI. DMI appealed to the Nebraska Court of Appeals, which held that the trial judge erred in awarding Green permanent partial disability benefits and in ordering DMI to pay for certain medical bills which Green had not offered into evidence. Because Green was not entitled to compensation for loss of earning capacity or for attorney fees, the Court of Appeals held that the total award should be reduced. Both parties filed petitions for further review to this court, and both were granted. We affirm in part, and in part reverse.
BACKGROUND
The facts of this case have been set out in detail in Green v. Drivers Mgmt., Inc., 10 Neb. App. 299, 634 N.W.2d 22 (2001).
The parties stipulated that Green sustained a work-related accident and injury arising out of and in the course of his employment on June 9, 1997, and that his average weekly wage was $988.72.
Green sought treatment in New York following his injury. Dr. Joy Dolorico, Green's first doctor, prescribed muscle relaxants and painkillers. She referred Green to several other doctors who prescribed physical therapy, epidurals, pain medication, and antiseizure drugs.
Green performed a functional capacity assessment in August 1998. The assessment concluded that Green was "capable of working in the heavy work category" based on his performance on strength and agility
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