Author Archives: Brody Ockander

Firm Attorneys To Speak At Nebraska Association of Trial Attorneys Workers Compensation Seminar

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Rod Rehm, Jon Rehm and Brody Ockander will be presenting at the Nebraska Association of Trial Attorneys Workers Compensation Seminar on Friday April 21st in Omaha. Here are short summaries of what each lawyer will present about:

Brody Ockander

My topic will focus on working with non-English speaking clients. As we all know, non-English speaking immigrants come to this country for many different reasons, but the vast majority end up in labor jobs: jobs that cause work comp injuries. Personally, I have represented clients from over 20 countries; in Nebraska we have a surprising number of immigrants and refugees who relocate to Nebraska for plentiful jobs and cheap housing.

As a result of this melting-pot of injured workers, my seminar presentation will focus on the Ethics of representing non-English speaking clients. Specifically, I will explain what lawyers should do when a non-English speaking client contacts the lawyer; what issues may arise during litigation; and how to handle non-English speaking clients and interpreters during legal proceedings.

I recently wrote a post about immigration status and workers compensation. You can read that post here.

Jon Rehm 

I will present on opioids in workers’ compensation. I plan on spending some time discussing opioid addiction as a work-related medical condition and some of the factual and legal challenges that come with opioid use in a workers’ compensation case. I will also address digestive and bowel issues that arise with opioid use and how those injuries can be covered by workers’ compensation.

Opioid addiction is a major public health and even political issue. Drug formularies are being pushed as a way to combat addiction by reducing the prescription of opioids in workers’ compensation cases. I plan on discussing why drug formularies should raise serious concerns not just from doctors, but from employees and employers.  You can read my blog posts about formularies here, here and here.

Rod Rehm

Rod Rehm will be presenting on the topic of deposition preparation for plaintiffs in workers’ compensation cases. Rod is a Fellow in the College of Workers’ Compensation and has prepared hundreds of injured workers for their depositions in his long legal career. Earlier in his career Rod worked both as a prosecutor and criminal defense lawyer so he can draw on 40 plus years of litigation experience when it comes to witness preparation.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Firm News, Workers' Compensation and tagged , , , , , , , , .

Kansas Supreme Court Decides Whether Undocumented Immigrants Are Entitled To Workers’ Compensation Benefits

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Are undocumented immigrants entitled to workers’ compensation benefits in Nebraska?

Recently, the Kansas Supreme Court examined the same question that has been previously answered by the Nebraska courts.

The short answer is, yes. Undocumented workers are entitled to most workers’ compensation benefits under Nebraska law. The exception is that undocumented immigrants are not entitled to the vocational rehabilitation benefit because the worker is not legally permitted to be in the country.

To some people, Nebraska law and this Kansas decision make sense, but unfortunately many people believe that undocumented workers should not be entitled to work comp. This argument fails for the following reasons:

  1. If someone is injured at work and needs to seek medical treatment, it must be paid somehow. If it is not paid by workers’ compensation (even though the injury occurred at work), the cost of that treatment will be passed to the medical providers and the general-public. The employer will get away scot-free while everyone else would share the burden of mounting healthcare costs.
  2. Employers should not get a benefit of hiring undocumented workers over citizens or documented workers. As stated above, if the employer does not have to pay workers’ compensation benefits for an injured, undocumented worker, the employer will be encouraged to hire undocumented workers over others as cost-savings. It is the employer’s responsibility to hire documented workers, but if it means the cost-savings of not having to pay work comp benefits, you can bet that employer will try to hire undocumented workers over others.
  3. Similar to the previous reason, employers would be discouraged from taking safety measures to ensure the safety of its workers if it knows that it won’t be required to pay for undocumented workers’ injuries. This would make the workplace more dangerous for all workers.
  4. Regardless of citizenship, an injured worker has an inalienable right to be treated for work injuries simply based on the fact that his/her job has made money for that employer. This is the whole point of the workers’ compensation system: to provide a quick (relatively speaking) and efficient way to get medical treatment and compensation for any worker that is injured while making money for that employer. Without the beneficiary of the work that cause the injury being required to pay work comp, this burden would inevitably be pushed to tax payers in one form or another. In other words, taxpayers should certainly want undocumented immigrants to get workers’ compensation benefits.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation. Workplace Injury and tagged , , , , .

Counterclaims in Nebraska Workers’ Compensation

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nebraska-supreme-courtEarlier this year, the Nebraska Supreme Court struck down the ability of defendant-employers to file counterclaims in workers’ compensation cases. See Interiano-Lopez v. Tyson Fresh Meats, 294 Neb. 586 (2016).

What does this mean for workers?

The biggest advantage this decision has for workers is the fact that a worker may dismiss a case at any time without prejudice under § 48-177 without having to worry about a counterclaim still hanging out there. In other words, this decision could prevent employers from forcing a trial before plaintiff is ready or if plaintiff wants to wait for trial until after the she or he is done treating.

Another benefit of this recent decision might be a little less obvious. Under Thomas v. Washington Gas Light Co., the U.S. Supreme Court held that a worker may be able to have workers’ compensation coverage in multiple states for the same accident/injury. The reason this is important with respect to counterclaims is that the injured worker now has the ability to dismiss the lawsuit to allow for potentially more-favorable benefits in another state, while still maintaining the option to return to Nebraska jurisdiction at a later date if necessary.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Supreme Court, Workers' Compensation and tagged , , , , .

How First Responders Would Be Treated if 9/11 Happened in Nebraska

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Sept. 11 was tragic for the victims who died at ground zero after the attacks on the World Trade Center. But, the lasting effects of the dust and particulates that filled the air after the collapse of the towers have caused ongoing health issues for numerous other victims: first responders who were not killed in the initial collapse of the buildings.

Fortunately, the federal government came to the aid of these first responders by enacting the James Zadroga Act, which provides free testing and treatment for first responders of the 9/11 attacks. However, had this act not been enacted, how would these workers, who have developed health problems from working at ground zero, have been treated under the Nebraska Workers’ Compensation Act?

First, the ailments developed by the first responders would be treated as occupational diseases under Nebraska law. If the disease or ailment of the first responder is shown to be a result of the exposure while working at ground zero, the treatment and indemnity would be covered like any other Nebraska Workers’ Compensation claim.

If the first responder died as a result of the occupational disease, under Nebraska law, the surviving spouse would be entitled to death benefits under the Nebraska Workers’ Compensation Act.

The biggest gap in workers’ compensation coverage under Nebraska law for occupational diseases occurs when the injured worker (or in this case, the first responder) does not develop symptoms or the disease until later in life. In a situation like that, if the occupational disease first manifests (or becomes an injury) after the injured worker has retired for unrelated reasons, the injured worker would be left without indemnity benefits. In other words, the injured worker could get no workers’ compensation money if he or she was retired when the disease showed up. Further, if the injured worker dies as a result of the occupational disease, but is retired at the time the disease becomes an injury, his or her surviving spouse would not be entitled to any money either.  See Olivotto v. DeMarco Bros. Co., 273 Neb. 672 (2007): the widow whose husband died from asbestos exposure was not entitled to indemnity because her husband had been retired for 23 years when mesothelioma manifested.

Thus, if 9/11 happened in Nebraska, first responders who develop an occupational disease later in life might not be fully covered under workers’ compensation laws without some sort further government intervention like the James Zadroga Act.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in employment law, Workers' Compensation and tagged , , , , .

College Football Programs Aim to Decrease Concussions

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With the start of college football, this state, like many others around the country, is abuzz with excitement. The start of this year’s college football season comes on the heels of a recent approval of a $75 million settlement of a class-action concussions case against the NCAA.

Some of this settlement money is earmarked for research and prevention of concussions. Before this settlement, however, the NCAA had already taken a step in the direction of trying to prevent concussions and head injuries by implementing new and stricter penalties for targeting – hitting defenseless players – and using one’s helmet as a weapon to hit another player.

Whether motivated by litigation or simply to prevent more injuries, some teams have also taken steps to minimize head injuries while playing football. The Nebraska Cornhuskers, for example, have implemented rugby-style tackling techniques in order to minimize head injuries. While the push for the new style of tackling is mentioned as a way to minimize targeting penalties, perhaps the greater reason is that the big-time football programs of the country, like Nebraska, are feeling the pressure to be proactive as a team in actually reducing concussions and the long-term effects of head injuries.

But do the sacrifices that individual players make outweigh the financial rewards to the universities and governing bodies for which they play?

The Big 10 Conference alone earned $448 million in television revenue in 2015 and paid its commissioner $2.3 million. Meanwhile, college football players risk limb and sometimes even their lives without any compensation for the risks they take for their schools. Leaving it all on the field should refer to competition and effort, not the sacrifice of a player’s future.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workplace Injury, Workplace Safety and tagged , , , , , , , , .

How Do Nebraska Workers’ Compensation Judges End Up on the Bench?

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There are seven judges who are active in the Nebraska Workers’ Compensation Court. These judges are solely workers’ compensation judges and do not hear any other cases outside of the Nebraska Workers’ Compensation Court. Four of the judges have offices in Lincoln, and three have offices in Omaha, but the seven judges cover the entire state. Trials are conducted by these judges in the county where the work-related injury occurred. If the injury occurred outside of the state, the hearing is held in Lincoln or in any other venue to which the parties agree.

How do these judges end up on the bench? The workers’ compensation judges in Nebraska are not elected, unlike in some states. Instead, like all state-court judges in Nebraska, a pool of judicial candidates is screened and narrowed by a judicial nominating commission. These commissions are made up of both lawyers and laypersons from both political parties and also independents. After the narrowing process, the governor appoints a judge from that limited group. After the appointment, every six years, the judge will be up for a vote of the general public as to whether the judge should be retained on the bench. If the vote is to retain the judge, then that judge remains for another six-year term.

A system like this does a good job of narrowing the candidates for the governor to a group of the most qualified. Further, this process usually limits politics in the judiciary and it is greatly preferable to the states where judges are simply elected. Here is a good video explaining why.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Courts, Government, Nebraska, Omaha, Workers' Compensation and tagged , , , .

How Schedule Member Injuries Are Paid in Nebraska

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When an injured worker has reached a point of maximum medical improvement – when healing has plateaued – that worker may be entitled to permanent disability benefits.

If the injury sustained is not an injury to the truck of the body (head, neck, back, internal organs, etc.), it is considered a “scheduled member” injury in Nebraska. Compensation for these scheduled member injuries are paid based on the level of disability to that member. Then, the Nebraska workers’ compensation laws prescribe a certain number of weeks of benefits depending on which body part has sustained the permanent disability.

The benefits are paid at 2/3 of the worker’s average weekly wage, for whatever percentage of disability is assigned. For example, a 10 percent impairment to a shoulder in Nebraska is paid at 2/3 of the average weekly wage for 22.5 weeks. This is based upon the chart below where a shoulder is worth a total of 225 weeks (i.e. 225 x 10% = 22.5 weeks). See the chart below to see how other body parts are paid in Nebraska:  Source: Nebraska Revised Statute § 48-121

Body Part Number of Weeks
Thumb 60
Index Finger 35
Second(Middle) Finger 30
Third (Ring) Finger  20
Fourth (Little) Finger 15
Amputation at First Phalange (half weeks for that finger)
Amputation ½ of First Phalange (quarter weeks for that finger)
Big Toe 30
Any Other Toe 10
Hand (below elbow joint) 175
Arm (at or above elbow) 225
Foot (below knee) 150
Leg (at or above knee) 215
Loss of Eye or Reduction of sight to 1/5 normal 125
Hearing Loss (one ear) 50

Generally, any body part not listed above (head, neck, or back, as examples) would be considered and injury to the “body as a whole” and is paid differently.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in Workers' Compensation, Workplace Injury and tagged , , , , , .