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T. Thomas Metier

Was Plaintiff’s Dementia Caused By Alzheimer’s or Exposure to Carbon Monoxide?

The Nebraska Court of Appeals handled that question in Hamilton v. United Parcel Service, No. A-17-102 (Neb. App. 2017). Robert Hamilton (“Hamilton”) filed an action in the Nebraska Workers’ Compensation Court claiming his dementia was due to repeated exposure to […]

T. Thomas Metier

When the Court is Faced with Conflicting Opinions from Competent Medical Experts, Which Opinion Should Be Given More Weight?

In Hintz v. Farmers Co-op Ass’n., (297 Neb. 903) the Nebraska Supreme Court faced this question. In this case, Ian Hintz (“Hintz”) was working at Farmers Cooperative Association (“Farmers”) as a tire technician and was repairing a tire on a […]

T. Thomas Metier

In a Disability Benefits Case, How Should the Insurance Company Determine the Date Disability Started?

In Owings v. United of Omaha Life Insurance Company, No. 16-3128, (10th Cir., 2017) the United States Court of Appeals for the Tenth Circuit overturned a lower court’s ruling about when a disability began. Plaintiff Greggory Owings (“Owings”) sustained a […]

T. Thomas Metier

What did the CO Supreme Court Rule Regarding a Claimant’s Eligibility for Benefits Under the Colorado Employment Security Act?

The Court determined that if a claimant is found to be “mentally unable to perform the work,” it is not necessary to probe more deeply into the reasons behind the mental issues

T. Thomas Metier

How Is Maximum Medical Improvement Determined in a Workers’ Compensation Case?

Scott did not back up her claims with any evidence to contradict the lower court’s determination. The court found no plain error in the record and affirm the compensation court’s determination.

T. Thomas Metier

When Can an Employee Re-open a Settlement Based on Mutual Mistake of Material Fact?

The late discovery of a fracture in England’s scapula was previously unknown, but was definitely a material fact.

T. Thomas Metier

Nebraska Workers’ Comp Decision Turns on Medical Opinion of Causation

The appeals court found the compensation court’s decision to be “clearly wrong,” as Hintz did present medical evidence that his injury was the result of the November 13 work accident.

T. Thomas Metier

When Can an Insurance Company Stop Paying Long-Term Benefits?

Johnson’s doctors claimed she could not work. LINA’s doctor claimed she could, with accommodations, and LINA denied the claim.

T. Thomas Metier

When is Denial of Disability Benefits Justified? How is the Determination Made?

The Court reversed the denial of Mason’s disability claim, and because Reliance already had two chances to get the assessment right, no remand was justified.

Staff Writer

4 Killed in Chemical Plant Explosion

On Wednesday, December 19th, four workers were killed during a massive explosion at a chemical plant in Jacksonville, Florida. 14 others were injured as well.T2 Laboratories Inc. Plant makes chemical solvents and fuel additives. It is still unclear on what actually caused the explosion.The chemicals at the plant made the environment “incredibly dangerous for the first responders,” stated Tom…