Divided Nebraska Supreme Court Says COVID-19 Might Be Occupational Disease

Massive Stroke After MMI Does Not Result in Loss of Nebraska PTD Benefits

Where an employee sustained work-related injuries, reached maximum medical improvement (MMI), and, based on factual findings by Nebraska’s Workers’ Compensation...

Nebraska Physician Assistant May Not Sign Medical Report

While the term, “physician,” as defined by Neb. Workers’ Comp. R. 49(O) (2018), generally includes those practicing osteopathic medicine, chiropractic, podiatry...

Like Oil & Water, Oxycodone and Xanax Don’t Mix

Nebraska Worker’s Death From Apparent Suicide is Not Compensable In a case that is heartbreaking from multiple points of view, the family of an injured Nebraska...

Nebraska County Courts Lack Jurisdiction to Determine Comp Insurer’s Subrogation Interest

A Nebraska county court lacked subject matter jurisdiction when it conducted a subrogation hearing to determine a workers’ compensation insurer’s interest in a ...

Nebraska Court: Injured Employee Failed to Establish Spinal Cord Stimulator Was Reasonable and Necessary

A Nebraska appellate court, in Yost v. Davita, Inc., 23 Neb. App. 482, 2015 Neb. App. LEXIS 204 (Dec. 29, 2015), affirmed a compensation court’s decision that a...

Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment

Where an employee (“Bates”) assaulted a co-employee (“McDaniel”) after Bates performed an Internet search and discovered that McDaniel was a registered sex offe...

Nebraska High Court Clarifies “Manifestation” Date in Repetitive Trauma Cases

The Supreme Court of Nebraska recently held that for purposes of assigning liability among several employers for a dental hygienist’s repetitive trauma injury, ...

Nebraska Extends Heightened “Heart Attack” Causation Standard to Blood Clot and Embolism

Due to the difficulties in attributing the cause of a heart attack to the claimant’s work, a number of states, including Nebraska, require the employee or the e...

Nebraska Retail Worker Awarded TTD Benefits and Continued Medical Care to Deal With PTSD and Drug Dependency Following Work-Related Shooting

In a recent case with rather bizarre underlying facts, the Supreme Court of Nebraska affirmed an award of temporary total disability benefits for an employee’s ...

Benign Neglect: Can Failure to Follow Doctor’s Advice Be Fatal to Injured Worker’s Claim?

Within the workers’ compensation arena, it is axiomatic that the medical consequences and sequelae that flow from the primary injury are themselves compensable....

Nebraska: High Court Affirms Dismissal of Intentional Tort Action Filed Against Employer That Violated Multiple OSHA Regulations; Action Barred by Exclusive Remedy Defense

The Supreme Court of Nebraska recently affirmed a decision of a county district court that had dismissed a tort action filed against the defendant-employer by t...