CASE LAW UPDATE

Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.

Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.

Nebraska

Caswell, Panko & Westerhold, LLC

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402-819-1122

When an employee moves for legitimate reasons, but labor market research cannot be performed in the new hub community, the community at the time of injury should be used. Here, because the appointed counselor could not perform labor market research in the town in Mexico where claimant moved, the trial court erred in finding the hub for determining loss of earning capacity (LOEC) was Mexico. The Court also held that in a modification action to terminate a running TTD award, the employer’s burden of proving a decrease in incapacity was satisfied by showing the claimant reached MMI. The burden of proving entitlement to permanency remained with claimant.

Visoso v. Cargill, 285 Neb. 272 (2013).

The employer was ordered to pay medical expenses, which it timely paid within 30 days of the Award. Plaintiff had made payments and was reimbursed by the providers, but outside of the 30 day period. Claimant sought penalty, attorney fees, and interest on the delinquent reimbursement. The Court declined to award a penalty, citing Bituminous Casualty Corp. v. Deyle, 234 Neb. 537 (1990), which held that no penalty is due for late payment of medical expenses. Further, no fee was awarded because the payment was not late. The Award did not provide that the employer had to reimburse plaintiff directly. Because the employer complied with the Award within 30 days, no fees were due, and no interest was due because interest is awarded only upon a fee award.

VanKirk v. Central Community College, 285 Neb. 231 (2013).