Howell v. Transit Authority of the City of Omaha, A-21-023

Howell, a Metro bus driver, was struck on the right arm by a detached metal bar on February 17, 2019; she later alleged development of complex regional pain syndrome (CRPS).
Howell filed a workers’ compensation petition (July 2020) and an amended motion to compel Metro to pay for a functional capacity evaluation (FCE), appoint a vocational rehabilitation counselor, and fund additional treatment (ketamine injections) recommended by her pain specialist.
At the September 4, 2020 hearing the parties stipulated to employment and notice; medical testimony conflicted (Howell’s providers diagnosing CRPS; Metro’s defense expert disputing causation and MMI).
The compensation court (Dec. 9, 2020) found Howell credible, concluded she suffered work-related injuries including CRPS, found she had not reached maximum medical improvement (MMI), ordered payment for ketamine injections and temporary total disability benefits until MMI, and appointed a vocational rehabilitation counselor.
Metro moved to reconsider, arguing the court exceeded its authority on a pretrial motion, deprived Metro of discovery/due process, and made factual determinations that should await trial; the court denied the motion and Metro appealed.
The appellate court dismissed the appeal for lack of jurisdiction because the December 2020 order was not a final, appealable order (the court had reserved permanent benefits pending vocational rehabilitation), and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the compensation court could implicitly find the work accident proximate cause of Howell’s CRPS on a pretrial motion	Howell argued the parties’ stipulation on liability and the medical record allowed the court to decide necessity/reasonableness of treatment and award medical care now	Metro argued there was insufficient causal proof, discovery was incomplete, and causation should be decided at trial	Appeal dismissed for lack of a final order; court did not reach merits
Whether Howell had reached maximum medical improvement (MMI)	Howell contended MMI had not been reached because ketamine injections remained to be tried	Metro contended MMI and causation were factual issues reserved for trial and discovery	Appeal dismissed; appellate court declined to address substantive ruling
Whether the court could award temporary disability benefits pretrial	Howell sought temporary total disability until MMI tied to ordered treatment	Metro argued temporary benefits and dates are trial issues and not within scope of the motion to compel	Appeal dismissed; appellate court did not address validity of award
Whether the court could order future medical care (ketamine injections) now	Howell sought upfront authorization and payment for recommended injections	Metro argued future medical benefits (beyond motion scope) required trial and proof of causal connection	Appeal dismissed as nonfinal; merits left for further proceedings

Jacobitz v. Aurora Co-op, 287 Neb. 97, 841 N.W.2d 377 (Neb. 2013) (finding that a trial courts finding of compensable injury without determination of benefits is interlocutory and not a final appealable order)
Moyers v. International Paper Co., 25 Neb. App. 282, 905 N.W.2d 87 (Neb. Ct. App. 2017) (holding orders that reserve permanent benefits until vocational rehabilitation are not final for appeal)
Loyd v. Family Dollar Stores of Neb., 304 Neb. 883, 937 N.W.2d 487 (Neb. 2020) (discussing final-order requirement for appellate jurisdiction in special proceedings)
Picard v. P & C Group, 306 Neb. 292, 945 N.W.2d 183 (Neb. 2020) (explaining appellate review of jurisdictional questions and finality)