Zwiener v. Becton Dickinson-East

Pat Zwiener (Appellee/Cross-Appellant) v. Becton Dickinson-East (Appellant)

Workers’ Compensation Court, Judge Thomas E. Stine

Attorneys: Abigail Wenninghoff (Larson Kuper & Wenninghoff PCLLO) (Appellant) --- Ryan C. Holsten (Atwood Holsten Brown & Deaver PCLLO)

Civil:  Determination of benefits for injured worker

Proceedings below:  The trial court determined Plaintiff’s average weekly wage and found he was entitled to TTD after the first surgery and second surgery as well as a 50% penalty for late payment of TTD. The trial court also awarded attorney’s fees and interest.

Issues:  1. The trial court erred in finding Appellee entitled to temporary total disability benefits. 2. The trial court erred in finding Appellee entitled to waiting time/penalty benefits and for failing to allow Appellant credit for benefits paid to date. 3. The trial court erred in awarding Appellee an attorney fee of $5,155. 4. The trial court erred in allowing hearsay evidence.

Cross-Appeal: The court erred in failing to find Appellant was late in paying medical bills to Orthowest.