“The Nebraska Supreme Court adopts definitions for the terms ‘restore,’ ‘suitable employment,’ and ‘gainful employment.’”

“The Nebraska Supreme Court adopts definitions for the terms ‘restore,’ ‘suitable employment,’ and ‘gainful employment.’”
The Nebraska Supreme Court recently addressed the meaning of the terms “restore,” “suitable employment,” and “gainful employment” as discussed in Neb. Rev. Stat. §48-162.01 in Anderson v. EMCOR Group, 298 Neb. 174 (2017).
In this case, the Nebraska Workers’ Compensation Court awarded Anderson, an injured employee, entitlement to vocational rehabilitation. The parties agreed to a vocational rehabilitation counselor, who prepared a study plan for Anderson to obtain an associates degree. The Vocational Rehabilitation Division of the Workers’ Compensation Court denied the proposed plan, opining that the formal training plan was unreasonable or unnecessary. Based on the Vocational Rehabilitation Division’s determination, the employer filed a petition to modify the award, requesting a modification of the vocational rehabilitation award, claiming there was no longer a need for an award of the services. Anderson concurrently filed a motion for approval of the vocational rehabilitation plan. The Workers’ Compensation Court granted approval of the vocational rehabilitation counselor and denied the Vocational Rehabilitation’s denial recommendation, dismissing the employer’s petition to modify. The employer appealed.
Appeal centered on whether the proposed vocational rehabilitation plan would restore Anderson to “suitable employment” as outlined in Neb. Rev. Stat. §48-162.01(3). The Court acknowledged that 25 years ago, in Yager v. Bellco Midwest, 236 Neb. 888, 464 N.W.2d 335 (1991), it never defined “restore,” “suitable employment,” and “gainful employment. ” Rather, it only referenced “instructive definitions” from the Alabama Supreme Court, specifically:
‘Restore’ means to put back. The ability to be gainfully employed must be put back or restored through vocational rehabilitation. Gainful employment means employment similar in remuneration to that earned prior to the injury. Implicit in this is the gainful employment sought to be restored must be ‘suitable.’ By ‘suitable’ we mean employment which is compatible with the employee’s pre-injury occupation, age, education, and aptitude[.]
The Court then stated that it explicitly adopted the definition above and that “suitable employment” was “employment which is compatible with the employee’s pre-injury occupation, age, education, and aptitude.”
Consequently, the Nebraska Supreme Court determined the Workers’ Compensation Court’s findings were not clearly wrong and reiterated that the Workers’ Compensation Act is liberally construed “to carry out its spirit and beneficent purpose,” affirming the Workers’ Compensation Court’s order.
This decision provides some guidance as to the specific statutory requirements related to vocational rehabilitation and the desire to provide appropriate employment for injured workers.
If you have questions regarding Nebraska workers’ compensation cases or vocational rehabiliation, please contact Nebraska Workers’ Compensation attorneys, Zach Anderson, at ZAnderson@baylorevnen.com, or Paul Barta, at PBarta@Baylorevnen.com, or (402) 475-1075.