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Koch v. M & S Grading Inc.9/6/2005
(Not Designated for Permanent Publication)
Irwin, Sievers, and Cassel, Judges.
I. INTRODUCTION
M & S Grading Inc. and its workers' compensation insurance carrier, One Beacon Insurance Co. (One Beacon), appeal an order of a three-judge review panel for the Nebraska Workers' Compensation Court. M & S Grading and One Beacon argue that the review panel erred in affirming the trial court's finding that Daniel R. Koch suffered an injury to his right wrist as a result of a work-related injury and in awarding Koch future medical expenses. For the reasons stated below, we affirm the order of the review panel.
II. BACKGROUND
On May 12, 2003, Koch filed a petition in the Nebraska Workers' Compensation Court against his former employer, M & S Grading, and One Beacon alleging that he was entitled to benefits for injuries he sustained arising out of and in the course of his employment with M & S Grading. Koch alleged in his petition that on or about September 20, 2001, he sustained an injury to his left knee after slipping and falling while attempting to fix a trapdoor on a co-worker's trailer. Koch further alleged that on or about April 1, 2002, he sustained an injury to his right wrist after falling when his previously injured left knee "gave out." Koch sought, inter alia, payment for temporary total disability, current and future medical expenses, and vocational rehabilitation services.
On May 27, 2003, M & S Grading and One Beacon filed an answer, asserting that if Koch had suffered any disability, it did not arise out of or in the course of his employment with M & S Grading. M & S Grading and One Beacon also stated that payments had been made to Koch for all medical, surgical, and hospital expenses and for all compensation benefits to which Koch was entitled. M & S Grading and One Beacon prayed that Koch's petition be dismissed.
On February 5, 2004, a trial was held. On April 14, the trial court entered an award of benefits. The trial court found that on September 20, 2001, Koch suffered an injury to his left knee, which was caused by an accident arising out of and in the course of Koch's employment with M & S Grading. The court further found that on April 1, 2002, Koch suffered an injury to his right wrist, which was caused by the injury Koch had previously suffered to his left knee on September 20, 2001. The trial court ordered M & S Grading and One Beacon to pay Koch disability benefits, medical expenses incurred, and future medical expenses reasonably necessary for the evaluation and treatment of Koch's injuries. The trial court determined that Koch was not entitled to vocational rehabilitation services.
On April 28, 2004, M & S Grading and One Beacon filed an application for review before a three-judge review panel of the Nebraska Workers' Compensation Court, seeking a reversal of the trial court's award. M & S Grading and One Beacon assigned five errors, but the review panel stated in its October 6 order that only two assignments of error had been properly briefed. The review panel limited its review to whether the trial court erred in finding that Koch had suffered a compensable injury to his right wrist as a result of a work-related accident and whether the trial court erred in awarding Koch future medical expenses for both his knee and his wrist injuries.
The review panel first held that the record contained sufficient evidence to support the trial court's findings that Koch sustained a compensable injury to his right wrist. Specifically, the review panel cited to Koch's testimony regarding how he had injured his wrist and to two medical experts'
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