Worker's Compensation Injuries: What's the Big Deal - Making a Choice between Occupational Disease and Accident
Dowse, Ronald T.
INTRODUCTION|Should a work-related back injury, caused by repetitive trauma over the course of months or even years, be construed as "accident" instead of "occupational disease" under the Nebraska Workers' Compensation Act? Should an employee who is disabled over a period of time in a work-related environment be denied workers' compensation because of an inability to find an "identifiable moment" of injury?'|This Comment will discuss these questions, focusing on two recent decisions of the Nebraska Supreme Court: Vencil v. Valmont Industries,Inc., and Schiup v. Auburn Needleworks, Inc. The court in both cases ruled that all repeated work-related trauma caused by cumulative effects must be tested under the definition of "accident." This definition requires the disabled employee to show an "identifiable moment" in which the injury occurred, a difficult task for someone whose injury has developed over a long period of time...
26 Creighton L. Rev. 149 (1992-1993)
Creighton University School of Law