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Employer Can't Withdraw Motion to Determine MMI After Hearing

Tuesday, December 10, 2019 | 264 | 0 | 7 min read

The Nebraska Supreme Court ruled that an employer was not allowed to withdraw its motion to determine whether a worker had reached maximum medical improvement after a hearing had already been held. Case: Fentress v. Westin Inc., No. S-19-128, 12/06/2019, published. Facts and procedural history: Suzy Fentress worked for Westin Inc. She suffered injuries to her hip and psyche at work in October 2014. The Workers' Compensation Court awarded Fentress temporary partial disability benefits. Fentress continued treatment, including hip surgery and pain management treatment targeted to avoid sub...

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