Tag Archives: medical benefits

Appellate courts uphold red-tape cutting function of Nebraska Workers Compensation Court

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Workers’ compensation doesn’t just mandate that employers provide medical care, disability benefits and retraining benefits for injured workers. Workers’ compensation laws also mandate how employers provide these benefits.

A few recent decisions by Nebraska courts re-affirm the power the Judges of the workers’ compensation court have in dictating the details of workers compensation benefits – at least when it comes to medical care and vocational rehabilitation benefits.

Medical Care – Rogers v. Jack’s Supper Club

In Rogers v. Jack’s Supper Club, the Nebraska Supreme Court affirmed a trial court’s order that an employee injured in Nebraska who first treated in Nebraska who moved to Florida could treat with a doctor in Florida.

Jack’s Supper Club was originally decided by the Nebraska Supreme Court in late 2019. In that version of the case, the court held that it appeared that the employee had not properly changed doctors for the purposes of Nebraska law, but asked the trial court to clarify its order. I wrote last year that the original Jack’s decision was too harsh in my view because Judges can order doctor changes at their discretion under Neb. Rev. Stat. 48-120(6).

My reading of the second case is that the trial court expressly exercised its ability to change doctors and the Nebraska Supreme Court said it was fine.

Vocational Rehabilitation – Font v. JBS

In Font v. JBS, the Nebraska Court of Appeals affirmed a trial court decision that an employer must pay for a vocational rehabilitation program for a shoulder injury involving permanent impairment but not permanent restrictions. In that case, both the court-appointed vocational rehabilitation specialist and the court’s workers compensation section opposed developing a plan involving an injury without formal restrictions.

The court overruled these requests stating that physical restrictions were just one of many factors in determining eligibility for vocational services and that the purpose of VR is prompt rehabilitation. Again the Nebraska Court of Appeals, agreed with the trial court. Specifically, the court agreed with the trial court’s reading of 48-162.01(7) in awarding vocational rehabilitation benefits.

Cutting through red tape

In both Font and Rogers, the practical effect of the decisions was to help workers cut bureaucratic red tape imposed by employers, service providers and a government agency. While some  regulation can be beneficial in a system like workers compensation, a lot of bureaucracy just makes it more difficult and expensive for workers to recover from work injuries.

But the Nebraska Workers Compensation Act gives Judges broad powers to cut through red tape – and at least in Jack’s Supper Club and Font v. JBS appellate courts seem to agree.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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Student Athletes Should be Covered by Workers’ Compensation Policies

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Today’s post comes from guest author Jon Gelman from Jon Gelman, LLC – Attorney at Law in New Jersey. In light of Louisville basketball player Kevin Ware’s recent injury during the NCAA tournament, many commentators are calling for workers’ compensation protection for athletes. I wrote about this issue on our blog in late 2011 in this post: Nebraska – A Rare Example Of How To Treat Student Athletes Better. As I wrote, Nebraska law, since 1984, has provided some protection for college athletes, which is similar to the protection offered by workers’ compensation, but not in the workers’ comp system, of course. I am pleased that the Nebraska Legislature and University of Nebraska continue to be progressive when it comes to working with college athletes. Perhaps the Nebraska approach could be a model for other states, as Mr. Ware’s tragic injury will most likely cause him complications later in life. I wish him, and all injured college athletes, the best as they heal and then adjust to their new realities.

Student Athletes Should be Covered by Workers’ Compensation Policies

They call them “student players” and the schools, televisions companies and advertisers make the money. The “students” get injurede and no benefits are available for medical (except when over $90,000 on medical has been expended then an NCAA policy kicks in), no temporary disability or permanent disability are afforded. The student suffer lifetime and carrer altering injuries as they play their hearts out for the schools and they do so without adequate compensation.

There is major inequality going on in College sports which indeed is a BIG business.

The coaches hammer at the student players and entice them to play too many games in a growing TV broadcast season where one conference add up upon another expanding to greater proportions and placing serious physical demands upon the player resulting in accidents and injuries.

Additionally bullying by coaches as revealed by Rutgers Basketball Coach Rice physically assaults the students and berates them with indecent name calling.

Where is the accountability? The students are actually employed by the schools to earn profits for the educational institutions and corporate sponsors. The student players are being exploited. Student athletes should be covered by workers’ compensation policies.

The offices of Rehm, Bennett, Moore & Rehm, 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.

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