MEDICAL MARIJUANA AND CBD OIL, COMPENSABLE?

In Nebraska you will find CBD Oil and other Marijuana extract products in various locations. Medical Marijuana is not currently legal in this state but the prevalence of these Marijuana extract products, which promise health benefits, begs the question: Are these products compensable under Nebraska Workers’ Compensation Act? Marijuana and its extracts are illegal in […]

NEBRASKA SUPREME COURT SET TO DECIDE IF AN EMPLOYER MUST BUILD AN ACCESSIBLE HOME FOR AN INJURED EMPLOYEE

The Nebraska Supreme Court recently considered whether an employer can be ordered to pay for the costs of constructing a custom-built accessible home for an employee. In Lewis v. MBC Construction Co., the employee was injured in the course of his employment and had his left leg amputated. After the injury, the employee asked his […]

NEBRASKA COURT OF APPEALS DETERMINES THAT UNRELATED INCIDENT AT HOME WAS COMPENSABLE AS AN EXACERBATION OF A PRIOR WORK INJURY

Recently, in Bunz v. A.C. Lightning Prot. Co., Inc., the Nebraska Court of Appeals addressed the difference between an aggravation and an independent intervening cause in an unpublished opinion. While the opinion is unpublished, meaning that it cannot be cited as authoritative, it provides a strong analysis of the differences between these two types of […]

GENERAL CONTRACTOR NOT LIABLE UNDER SECTION 48-116 FOR SUBCONTRACTOR’S WORK RELATED INJURY

Recently, the Court of Appeals of Nebraska was faced with compensability issues relative to multiple contractors.  Typically, under 48-116, Nebraska will hold a general contractor liable for workers’ compensation benefits for an injured worker of the subcontractor if the subcontractor failed to obtain workers’ compensation insurance. However, in Wright v. H & S Contracting, the […]

NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical Examiners. Others are more significant. Probably one of the most significant changes […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to resolve all issues other than future medical where […]
[/et_pb_section]