Nebraska: Surveillance Video Dooms Deputy Sheriff’s Retaliatory Discharge Case

Surveillance video that showed a deputy sheriff—while he was being paid workers’ compensation disability benefits—operating a pickup truck with a snowplow attached for some five hours and that also showed the deputy twisting his head and neck to check for oncoming traffic during that time period, without apparent discomfort, was admissible in a retaliatory discharge action filed by the deputy against the sheriff who fired him for misconduct, held a Nebraska court.  Observing also that according to a physical therapist the deputy had exhibited “self-limiting” behavior during a physical examination, the court indicated the admission of the evidence did not violate the deputy’s privacy.  Citing Larson’s Workers’ Compensation Law, the court indicated Nebraska and a host of other jurisdictions allowed such evidence to impeach the credibility of the plaintiff.

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 Brock v. Dunning, 288 Neb. 909, 2014 Neb. LEXIS 140 (Aug. 29, 2014) [288 Neb. 909, 2014 Neb. LEXIS 140 (Aug. 29, 2014)]

See generally Larson’s Workers’ Compensation Law, § 127.10 [127.10]

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

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