Recent Case Law

Nebraska Workers' Compensation Decisions of Note

 

Williamson v. Werner Enterprises, Inc., Neb. App. 642, 682 NW2d 723 (2004)

 
Facts:   Plaintiff sought benefits for injuries allegedly suffered in a motor vehicle accident on December 23, 2000 while operating a truck for defendant.  During plaintiff's deposition, he testified that he was hurting after the incident but admitted that he did not report any injury to the defendant until May 2001.  Plaintiff did testify in his deposition, however, that when he reported the accident he told his employer he had pain in his back.  Plaintiff went to see his chiropractor on December 26, 2000 and the office note from this visit indicated that it was related to the December 23rd incident.  Plaintiff, however, did not submit the bill to the employer or to his own workers' compensation coverage.  Plaintiff did not seek treatment again until May 13, 2001.  Based upon the facts presented, the trial judge concluded that plaintiff's back injury was causally linked to the accident, however, determined that plaintiff failed to give the required notice of injury to defendant "as soon as practicable" after the occurrence and dismissed the claim.  Plaintiff appealed and the Review Panel affirmed.

 
Issue:  Whether notice was provided pursuant to Section 48-133 of the Workers' Compensation Act.

 
Rule:  Notice of injury, not merely notice of an accident, must be provided as soon as practicable, which is deemed to mean as soon as it is able to be done.

 
Holding/Reasoning:  In giving meaning to the phrase "as soon as practicable" the court referenced Webster's Dictionary which defines practicable as meaning capable of being done, effected, or put into practice with the available means, i.e., feasible.  The trial court reasoned that because plaintiff promptly perceived substantial pain that he connected with the event, as was outlined in the chiropractic notes from the day following the accident, the period from December to May exceeded the outer limit of any reasonable delay for providing the employer notice. The court reasoned that it was practicable for the plaintiff to report the injury within a reasonable time after he sought chiropractic treatment for the perceived pain and held that he failed to do so.  Therefore, the court affirmed the findings of the trial court.