MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS

The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska Fair Employment and Practice Act (hereinafter NFEPA). In Dutcher, the employee worked for the […]

NEBRASKA WORKERS’ COMPENSATION COURT REITERATES NOTICE RULES

In Settje v. Walmart Associates, Inc., the Nebraska Workers’ Compensation Court provided guidance as to when an employer has sufficient notice of a potentially compensable injury. Pursuant to Section 48-133, an employee is required to give notice of their injury to their employer within a practicable time. The plaintiff argued that he complained generally about […]

SCHOOL EMPLOYEES AND THEIR AVERAGE WEEKLY WAGE FOR TEMPORARY DISABILITY BENEFIT PURPOSES

In Simpson v. Lincoln Public Schools, the Nebraska Court of Appeals provided guidance for how to calculate an employee’s average weekly wage when the employee is an hourly wage earner who only works 9 months out of the year, during the school year. While permanent disability benefits in Nebraska are based on a 40 hour […]

NEBRASKA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES ON JULY 1, 2022

Effective July 1, 2022, the Nebraska Workers’ Compensation Mileage Reimbursement Rate will rise to 62.5 cents per mile for travel related to medical treatment or participation in an approved vocational rehabilitation plan. This rate has jumped from the previous increase on January 1, 2022, when the rate was increased from 56 cents per mile to […]

STATUS OF LEGISLATION IMPACTING WORKERS’ COMPENSATION IN NEBRASKA

This session the Legislature’s time has been consumed by a number of significant issues, including the ARPA funding proposal, “transformative” tax relief, extensive debate on a prison reform and overcrowding, and making adjustments to its biennium budget. When not addressing those topics, it methodically moved through a series of priority of bills at the General […]

NEBRASKA COURT OF APPEALS PROVIDES FURTHER GUIDANCE ON EMPLOYEE / INDEPENDENT CONTRACTOR DETERMINATION

The Nebraska Court of Appeals recently decided a case that provides guidance as to when a worker is considered an employee or an independent contractor. In Cajiao v. Arga Transport, the plaintiff was injured in a motor vehicle accident that occurred while he was driving a semi-tractor trailer leased by Arga. The plaintiff filed a […]
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