In an opinion handed down on October 30, 2009, the Nebraska Supreme Court held that an employer is not relieved of its obligation to pay workers’ compensation just because the Social Security Administration previously labeled an employee as totally disabled. In the case, Manchester v. Driver’s Management, a truck driver was injured in an accident for which she was found to be at fault. She was fired shortly thereafter. Due to injuries received during the accident and an exacerbation of prior psychological issues, she was temporarily unable to work after the accident.
About three years prior to the accident and 18 months before being hired, the employee was labeled as totally disabled by the Social Security Administration due to psychological issues. The employer claimed that since the employee was “totally disabled,” she had no loss of earning power from her present injuries. According to her employer, she was only eligible for workers’ compensation payments for the time during which she was employed. The court disagreed and found that the prior determination by the Social Security Administration was not controlling on the issue of earning power and liability for workers’ compensation.
For information on The Employment Law Group® law firm’s Employment Law Practice, click here.
This entry was posted
on Monday, November 30th, 2009 at 3:52 pm and is filed under Disability Discrimination Legislation, Federal Discrimination Legislation.
You can follow any responses to this entry through the RSS 2.0 feed.
Responses are currently closed, but you can trackback from your own site.
Ada federal lawyers washington dc, Age discrimination Maryland lawyer, Age discrimination attorney, DC Discrimination, DC Employment Discrimination, Discrimination in the workplace, Discrimination law, Discrimination lawyer, Employment Discrimination, Employment law DC, Employment law, Employment lawyer, Hiring discrimination, Top employment lawyer, age discrimination, age discrimination act, age discrimination attorney, age discrimination cases, age discrimination claim, age discrimination counsel, discrimination law offices, hostile work environment, age discrimination employment act, Quid pro quo harassment, DC Discrimination attorney, Civil Right lawyer in Washington dc, Disability attorney, Disability discrimination, Disability discrimination attorney, Disability discrimination lawyer, Disability employment discrimination, Disability employment law, Discrimination law offices, Employment law, Employment law dc, Hiring discrimination, Physical disability discrimination, Top employment lawyer, Workplace disability discrimination, Workplace discrimination, disability attorney, disability discrimination act, disability discrimination law, social security disability attorney, social security disability lawyer, gender discrimination, sex discrimination, employee rights on sexual harassment Virginia, employment harassment, employment lawyer, harassment in workplace, harassment lawyer in Washington dc, harassment lawyers, hostile environment sexual harassment, hostile work environment, Maryland sexual harassment, sexual harassment at workplace, sexual harassment attorney, sexual harassment in the work place, sexual harassment law, sexual harassment lawyer, sexual harassment policies, sexual harassment policy, termination, workplace sexual harassment, wrongful terminationlawyers, harassment attorney, LGBT Discrimination Attorneys, Employment discrimination against gays, Employment discrimination against Lesbians, Gay Issues in Workplace, Gender based discrimination, Harassment discrimination, LGBT Workplace Discrimination, Sexual Orientation Discrimination, Transgender discrimination, gay discrimination, gay rights attorneys, gay rights lawyers
lifestyle discrimination