Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Yost v. Davita, Inc.

Court of Appeals of Nebraska

December 29, 2015

DEBRA YOST, APPELLANT AND CROSS-APPELLEE,
v.
DAVITA, INC., APPELLEE AND CROSS-APPELLANT

Page 436

[Copyrighted Material Omitted]

Page 437

[Copyrighted Material Omitted]

Page 438

[Copyrighted Material Omitted]

Page 439

Appeal from the Workers' Compensation Court: DANIEL R. FRIDRICH, Judge.

Eric B. Brown, of Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O., for appellant.

Caroline M. Westerhold and Stephen J. Schultz, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., for appellee.

PIRTLE, RIEDMANN, and BISHOP, Judges.

OPINION

Page 440

[23 Neb.App. 485] RIEDMANN, Judge.

INTRODUCTION

Debra Yost appeals, and Davita, Inc., cross-appeals, from the further award of

Page 441

the Workers' Compensation Court. On appeal, Yost argues that the compensation court erred in finding that Davita was not required to pay for the cost of her spinal cord stimulator.

On cross-appeal, Davita challenges the compensation court's finding that Yost suffered an increase in incapacity and is now at maximum medical improvement (MMI) for her men-tal injury. It also challenges the court's refusal to reopen the record for further evidence. We find no merit to the arguments made on appeal or cross-appeal and therefore affirm.

BACKGROUND

On June 3, 2008, Yost suffered a work-related injury to her lower back. In an award dated November 25, 2009, the com-pensation court found that she reached MMI with respect to her low-back injury and sustained a 35-percent permanent loss of earning capacity. Davita was ordered to pay Yost's past and future medical expenses.

On May 26, 2010, Yost filed an application for modification, alleging that she suffered material and substantial changes in her physical condition and an increase in incapac-ity due to her work-related injuries. Yost and Davita entered into an agreement regarding modification of the award. The parties agreed that Yost suffered an increase in incapacity due solely to her work injury and again became temporarily totally disabled pending low-back surgery, which was approved by [23 Neb.App. 486] Davita. The parties further stipulated that the worsening of Yost's back condition also caused or aggravated depression symptoms. Thus, she was entitled to all reasonable and neces-sary future medical care for her low-back injuries as well as her depression symptoms. The compensation court approved the parties' agreement and stipulations.

In January 2011, Yost underwent spinal fusion surgery at the L4-5 and L5-S1 levels of her spine. Following surgery, she began to experience back spasms and her pain continued. She underwent additional treatment, including pain management, therapy, and medication. Eventually, based on Yost's continued pain and problems stemming from her lower back, her spinal surgeon recommended a spinal cord stimulator, which he believed would provide her some relief. He referred her to an anesthesiologist and pain specialist who determined that Yost was a candidate for a trial spinal cord stimulator, which she received in March 2013. The trial was considered successful, and Yost received a permanent stimulator in April 2013.

At the time Yost was undergoing continued treatment for her back, she was also seeking treatment for depression, insomnia, and anxiety. In May 2011, Yost was diagnosed with major depression and prescribed antidepressant medication. In August, her treating psychiatrist opined that Yost's depression was secondary in large part to her June 2008 work injury. He did not believe that she was able to work at all given that her depression was impairing her concentration. In May 2013, her treating psychiatrist reported that her condition remained unchanged and that in his opinion, Yost remained permanently and totally disabled from a psychiatric standpoint.

Davita filed a petition for modification, alleging that Yost experienced a decrease in incapacity and had reached MMI. Yost filed an answer and counterclaim for modification, claiming that she had again reached MMI and requesting that the court find her permanently and totally disabled as [23 Neb.App. 487] a result of her work-related injuries. She ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.