WEBEX
A-20-0025, Ivette Clemente Font (Appellee) v. JBS USA, LLC (Appellant) and State of Nebraska Workers’ Compensation Trust Fund (Cross-Appellant)
Workers’ Compensation Court, Judge Michael Fitzgerald
Attorney for Appellant: Charles L. Kuper
Attorney for Cross-Appellant: Amanda M. Phillips
Attorney for Appellee: Lee S. Loudon
WCC Action: Award of benefits for injured worker
Action Taken by Trial Court: Following trial and subsequent hearings, the workers’ compensation court found that Font had sustained an injury arising out of and in the course of her employment and was entitled to temporary and permanent benefits, medical expenses, future medical care, vocational rehabilitation services, and attorney fees. The court further ordered the implementation of a vocational rehabilitation plan.
Assignments of Error on Appeal and Cross-Appeal: JBS claims the workers’ compensation court erred by awarding Font vocational rehabilitation services without making a finding of permanent restrictions and by ordering the implementation of the adopted vocational rehabilitation plan.
The Nebraska Workers’ Compensation Trust Fund contends the workers’ compensation court erred in finding that Font was eligible for vocational rehabilitation services. The Trust Fund further argues that the court’s order implementing the vocational rehabilitation plan violated Rule 11 of the Nebraska Workers’ Compensation Court Rules of Procedure and that the court erroneously shifted its role as fact finder to the appointed vocational rehabilitation counselor.