Revisiting the Main Components for a Compensable Claim: Whether an Accident “Arises Out of” and “In the Course of Employment.”

To recover benefits under the Nebraska Workers’ Compensation Act, an employee must establish by a preponderance of the evidence (more than 50%) that the accident both arose out of and was in the course of his or her employment. Neb. Rev. Stat. § 48-101;  Logsdon v. ISCO Co., 260 Neb. 624, 618 N.W.2d 667 (2000).  […]

Penalties

The penalty provisions of the Nebraska Workers’ Compensation Act can be stiff, but with diligent investigation and effective communication, they are easily avoidable. The primary penalties are 50% waiting time penalties on indemnity benefits and attorney’s fees.  The penalties are triggered when an employer and/or insurance carrier fail to pay compensable indemnity or medical expenses[…..]

First Report of Injury

Nebraska’s workers’ compensation laws require employers to file a First Report of Alleged Occupational Injury or Illness, commonly referred to as a First Report of Injury or FROI, within ten days of the employer receiving notice of an injury. A reportable injury is any injury or diagnosed occupational disease that results in death, time away[…..]

LOSS OF EARNING CAPACITY

LOSS OF EARNING CAPACITY Our blog post from December 19, 2017, discussed the various types of indemnity benefits owed to injured workers in Nebraska. This blog will discuss loss of earning capacity (LOEC) in greater detail. When an injured worker sustains a whole body injury*, his entitlement to permanent partial disability (PPD) benefits is measured[…..]

Calculation of Indemnity Benefits

The indemnity benefits owed to an injured worker under the Nebraska Workers’ Compensation Act fall into four separate categories. The four categories, which are found in Neb. Rev. Stat. § 48-121, are: (1) Temporary Total Disability; (2) Temporary Partial Disability; (3) Permanent Partial Disability; and (4) Permanent Total Disability. The first step in addressing the[…..]

Calculating the Average Weekly Wage

Properly calculating the average weekly wage (“AWW”) is one of the more important aspects in evaluating a workers’ compensation claim.  Knowing an injured worker’s AWW is necessary to properly calculate benefit payments and future exposure on a claim.  Further, failure to calculate an accurate weekly wage can lead to a claim for penalties. The calculation[…..]

Injury While Walking Did Not Arise Out of Employment

Charles Kuper recently secured an Order of Dismissal in the case of Loeffler v. Columbus Public Schools.  The sole issue in the case was whether the employee suffered an accident that arose out of her employment when she fell as she was walking because her sandal stuck to the floor.  At the time of her[…..]

Kuper Successfully Defends Appeal of an Order of Dismissal

In the case of Hamilton v. UPS, attorney Charles Kuper successfully defended UPS against an appeal from an Order of Dismissal entered by the Nebraska Workers’ Compensation Court.  Hamilton filed a Petition alleging he was permanently and totally disabled due to dementia that he alleged was caused by carbon monoxide exposure while working as a spotter[…..]

LKW Welcomes New Attorneys

LARSON KUPER WENNINGHOFF, PC, LLO is pleased to announce the addition of two new attorneys to its Omaha practice.  JOHN DENSBERGER joined the firm in October of 2017.  He is admitted to practice in Nebraska, and will focus his practice in the area of workers’ compensation.  John is a graduate of the University of Nebraska[…..]