UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
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 the employee is eligible for Medicare, is a Medicare beneficiary, or has a reasonable expectation of becoming a Medicare beneficiary within 30 months of the settlement. At present, a claim involving such an employee, even if future medical care is not foreclosed by the settlement, must be approved by the Workers’ Compensation Court.
As with “First responders” and “Frontline state employees”, LB 407, introduced by Senator McDonnell, provides that “county correctional officers” in “high-population” counties may be entitled to workers’ compensation benefits for “mental-mental” injuries unaccompanied by physical injury if the conditions of their employment “were extraordinary and unusual in comparison to the normal conditions of the particular employment.” A “high-population” county is defined as one with more than 300 thousand inhabitants. Only Douglas County and Lancaster County currently fit that definition.