InjuryBoard Omaha Archives

• Welding Rods and Parkinson's Disease Verdict in Cleveland

  John Inserra | June 28, 2006 3:54 PM | 0 Comments
  Category: Workplace Injuries

  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...

• US Supreme Court

  John Inserra | June 26, 2006 11:31 AM | 0 Comments
  Category: Mass Transit (Airline, Cruise Ship, Train, Bus)

  On May 15, 2006, the U.S. Supreme Court accepted review in the case of NORFOLK SOUTHERN RAILWAY CO. V. SORRELL :170 S.W.3d 35 CA-MO, E. Dist; limiting the review to whether the court below erred in determining that the causation standard for employee contributory negligence under the Federal Employers Liability Act ("FELA ") differs from the causation standard for railroad negligence. The...

• Nebraska Statute short on made whole doctrine

  John Inserra | June 22, 2006 10:55 AM | 0 Comments
  Category: Workplace Injuries

  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...

• Vacation

  John Inserra | June 21, 2006 10:48 AM | 0 Comments
  Category: Miscellaneous

  For those who wonder where I have been, its simple, I was on vacation. It's good to be back to work but difficult to catch up. I hope to get back on the blog track asap.

• FELA Verdict in Colorado Upheld

  John Inserra | June 09, 2006 9:03 AM | 0 Comments
  Category: Head & Brain Injuries

  In a FELA case, the Colorado Court of Appeals on Thursday upheld a jury's decision to award a Union Pacific conductor, out of North Platte Nebraska, $6 million for injuries he suffered in a fall down the stairs of a locomotive. The claimant suffered a traumatic brain injury as a result of the fall in August 1998. A district court jury ruled that the Omaha, Neb.-based railroad was at fault...

• Worker's Compensation and Bad Faith

  John Inserra | June 08, 2006 8:32 AM | 0 Comments
  Category: Workplace Injuries

  The Supreme Court of Oklahoma allows a claimant to bring a bad faith claim against her employer's Worker's Compensation insurance carrier for failure to pay permanent partial disability benefits. The case is SIZEMORE v. CONTINENTAL CASUALTY COMPANY. The court found that a common law tort of bad faith exists for an insurance carrier's bad faith in refusing to pay a workers' compensation award.

• Motorcycle Safety Course in Nebraska

  John Inserra | June 06, 2006 9:57 AM | 0 Comments
  Category: Motorcycle Accidents

  As we enter the hot summer months, more and more people are buying motorcycles. The first thing on your agenda should be registration in the Motorcycle Safety Class. Motorcycle 101 is a course for the rider who has never been on a motorcycle; while the Basic Rider Course is for new to semi-experienced riders. After years of steady decline in the number of motorcycle accidents, the trend has...

• Diagnosis of Fibromyalgia and Daubert Ruling in Nebraska

  John Inserra | June 02, 2006 3:49 PM | 0 Comments
  Category: Automobile Accidents

  The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....

• Bicycle Safety Tips for You and Your Kids

  John Inserra | June 01, 2006 3:32 PM | 0 Comments
  Category: Automobile Accidents

  The summer months are upon us and it is time to get out and ride your bicycle with the kids. Pass along the following safety tips to anyone riding a bicycle:Bike Safety Teach children the following bicycle and motorbike safety rules: • Wear a bicycle or motorcycle helmet on every ride. Check to see if your helmet should have a safety certification. • Ride so drivers and cyclists can see...