Stewart v. Amigo's Restaurant

In her appeal from an award against Amigo’s Restaurant, Lori A. Stewart contends that the Nebraska Workers’ Compensation Court abused its discretion by not allowing Stewart to obtain a second posthearing deposition of her physician and in permitting Amigo’s to use her doctor’s deposition as evidence for the award.

Before the injury involved in her compensation claim, Stewart had two orthopedic surgical procedures to her right knee. In 1984, Stewart underwent arthroscopic surgery by Dr. Patrick E. Clare to remove “facette chondromalacia” at the site of her right kneecap and surgically achieve…