NEBRASKA COURT OF APPEALS DETERMINES AT-HOME INJURY WAS AGGRAVATED BY WORK RELATED 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Nebraska Court of Appeals addressed the difference between an aggravation and an independent intervening cause in an unpublished opinion. While the opinion is unpublished, meaning that it cannot be cited as authoritative, it provides a strong analysis of the differences between these two types of […]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 […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

Since the Legislature placed LB 256 and LB 407 on General File nearly two months ago, the body took no action on those bills until this past week. The Legislature gave first round approval to both bills and moved them to Select File on May 5th. On Wednesday the Legislature moved both bills to Final […]

EMPLOYEE OR INDEPENDENT CONTRACTOR? THE TEST THAT WILL DETERMINE LIABILITY FOR WORKERS’ COMPENSATION

Whether or not a worker is considered an employee or an independent contractor can determine liability for workers’ compensation benefits under the Nebraska Workers’ Compensation Act. The Court of Appeals of Nebraska recently revisited the ten factor test to determine if a worker was an employee or an independent contractor in Wright v. H & […]
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