Nebraska: High Court Holds Incarceration Does Not Disqualify Injured Worker From Disability Benefits

In a case of first impression, the Supreme Court of Nebraska held that absent a specific statute requiring a contrary ruling, where a workers’ compensation claimant has proved a loss of earning capacity, his or her incarceration after sustaining a compensable injury is not an event that bars the claimant’s receipt of disability benefits. With this decision, Nebraska joins the majority of jurisdictions which do not disqualify inmates from receiving indemnity benefits.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Damme v. Pike Enters., Inc., 289 Neb. 620, 2014 Neb. LEXIS 188 (Dec. 5, 2014) [289 Neb. 620, 2014 Neb. LEXIS 188 (Dec. 5, 2014)]

See generally Larson’s Workers’ Compensation Law, § 64.03 [64.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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