WORKERS’ COMPENSATION COURT DECISION PROVIDES GUIDANCE FOR FIRST RESPONDER PSYCHOLOGICAL INJURY CLAIMS

by Baylor Evnen, LLP | Jun 28, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The recent ruling by the Nebraska Workers’ Compensation Court in Gosch v. City of Papillion examined the extraordinary and unusual standard set forth in a statute governing psychological injury claims among first responders.  This marks the first time the court has addressed the issue since the statute’s implementation in 2010. In Nebraska, workers’ compensation claims […]

2024 NEBRASKA WORKERS’ COMPENSATION BURIAL BENEFIT INCREASE

by Baylor Evnen, LLP | Jun 5, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

When employees die as a result of a work-related injury, their family members may be entitled to death benefits, including burial expenses, under the Nebraska Workers’ Compensation Act. Effective July 1, 2024, the burial benefit under the Nebraska Workers’ Compensation Act will increase to $11,600.00. This reflects a 2.65% increase from the previous $11,300.00 benefit […]

NEBRASKA SUPREME COURT QUESTIONS WHETHER COVID-19 IS AN ORDINARY DISEASE OF LIFE

by Baylor Evnen, LLP | Apr 26, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In the recent decision Thiele v. Select Medical Corp., the Nebraska Supreme Court addressed the narrow issue whether COVID-19 is an “ordinary disease of life to which the general public is exposed,” pursuant to the Nebraska Workers’ Compensation Act. The employee was a “nurse liaison” at a hospital in March and April of 2020, and […]

BRYNNE HOLSTEN PUHL APPOINTED TO NEBRASKA WORKERS’ COMPENSATION COURT

by Baylor Evnen, LLP | Apr 25, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On April 25, 2024, Governor Jim Pillen announced the appointment of Brynne Holsten Puhl of Lincoln to Nebraska’s Workers’ Compensation Court. The vacancy on the Court was due to the retirement of Judge James R. Coe. The Nebraska Workers’ Compensation Court is composed of six judges who are initially appointed by the governor and who […]

BEWT LEADS SUCCESSFUL LEGISLATIVE EFFORT TO PROTECT EMPLOYERS FROM UNINTENDED CLAIMS

by Baylor Evnen, LLP | Apr 12, 2024 | BLOG, FIRM NEWS, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Yesterday the Nebraska Unicameral gave final approval of a legislative bill which will protect employers and insurers from claims for significant benefits that were never intended to exist. Drafted by Dallas Jones and Eric Sutton for Nebraskans for Workers’ Compensation Equity and Fairness (NWCEF), LB1017 legislatively reverses the holding of the 2023 Nebraska Supreme Court […]

SUPREME COURT RULES ON SOVEREIGN IMMUNITY UNDER PSTCA

by Baylor Evnen, LLP | Apr 12, 2024 | BLOG, FIRM NEWS, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Simpson v. Lincoln Public Schools, a former LPS employee sued the District for wrongful discharge alleging that she was terminated because she filed a Workers’ Compensation claim. On appeal, the Nebraska Supreme Court offered a detailed analysis that, among other things, found that sovereign immunity under The Political Subdivision Tort Claims Act (PSTCA) shields […]