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John Inserra

Injured at Work: Do I have more than one claim?

It is Monday morning and you report to your job as a file clerk in a major corporation. You go to the filing cabinet to get a file and trip over a drawer that was left open again, despite numerous […]

John Inserra

Nebraska Supreme Court Rules Portion of Jury Award Taxable in Railroad Injury Case

In 2004, Eddie Heckman of Alliance was injured while working for Burlington Northern Santa Fe Railroad.  In 2011, Heckman was awarded $145,000.00 by a jury for his injuries.  Although the award was paid by the railroad, $6,200.00 was deducted for […]

John Inserra

It's good to mitigate your damages

A Sarpy County jury reached a $150,000.00 verdict on behalf of our client William “Bill” Kernes on February 24, 2010. Mr. Kernes was injured while working for the State of Nebraska as…

John Inserra

Welder Recovers in Ohio for Manganese Exposure

It is reported in the Cincinnati Post that A federal jury awarded $17.5 million to a welder who sued five companies on claims that he got sick from inhaled fumes, marking the second time in 18 such cases that a verdict has come down on the side of workers.The jury in Cleveland found that the five companies showed negligence by not warning the plaintiff of the toxicity of manganese in their…

John Inserra

Retaliation in Worker's Compensation

The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court’s acceptance of a cause of action for the retaliatory demotion for the filing of a Worker’s Compensation claim. [7] Focusing on our rationale in Jackson, we conclude thata cause of action for retaliatory demotion exists when an employerdemotes an employee for filing a workers’ compensationclaim. When we recognized a…

John Inserra

Do I have to Move?

The recent case of Olson v Capital Electric handed down by the Nebraska Court of Appeals as an unpublished opinion says no you don’t have to move. Olson an injured electician refused to move to Kansas City to work for Capial Electric while he was released from his doctor with light duty restrictions which could not be accomodated on his regular job with Capital in Omaha Nebraska. Capital…

John Inserra

Retaliatory Discharge

The case of Riesen v Irwin Industrial sets out Nebraska’s analysis for a retaliatory discharge for the filing of a worker’s compensation claim in an “employee at will” state. The following procedure is utilized under the three-tiered allocation of proof standard: First, the plaintiff has the burden of proving a prima facie case of discrimination. See Goerke, supra. Second, if the plaintiff…

John Inserra

Vicarious Liability of a Third Party in a Worker Compensation Case

The Nebraska Supreme Court in the case of Didier v Ash Grove Concrete reiterates the rules by which an employer of an independent contractor may be vicariously liable to an injured third party. As noted above, an employer of an independent contractor is generally not liable for physical harm caused to another by the acts or omissions of the contractor or his servants, but an employer of an…

John Inserra

Welding Rods and Parkinson's Disease Verdict in Cleveland

A jury on Tuesday found makers of welding rods were not liable for the health problems of a former civilian worker.Ernesto G. Solis, 57, claims years of exposure to welding fumes at his job damaged his health because of exposure to manganese within welding rods. There are thousands more individuals pursuing similair claims. This is an issue in which the scientific evidence is not clear cut, so…

John Inserra

Nebraska Statute short on made whole doctrine

The Nebraska Supreme Court held in a worker’s compensation case that distribution of proceeds recoverd from a third party is not subject to the equitable “made whole” doctrine of equitable subrogation. Now, § 48-118 includes language providing for a fair and equitable distribution. It does not, however, adopt the “made whole” doctrine. Nor does it adopt any other specific rule for…