Jumat, 09 Desember 2011

Misrepresentation on Pre-Employment Application Not A Bar to Benefits

Brody J. Ockander
The Nebraska Supreme Court has ruled that an employee's misrepresentation on a pre-employment application did not act a defense to bar workers' compensation benefits. The employee failed to include all his prior injuries on the application.

Bassinger v. Nebraska Heart Hospital, (NE. 2011) Decided December 9, 2011.

Claimant's Attorney: Brody J. Ockander or Rehm, Bennett & Moore, P.C. L.L.O

"....we affirmed the Workers’ Compensation Court’s finding that the evidence was insufficient to show a causal connection between the driver’s misrepresentations and this subsequent accident."

"....We have previously explained that workers’ compensation laws reflect a compromise between employers and employees. Under these statutes, employees give up the complete compensation that they might recover under tort law in exchange for no-fault benefits that they quickly receive for most economic losses from work-related injuries. So we have consistently held that the act’s intent is to provide benefits for employees who are injured on the job, and we will broadly construe the act to accomplish this beneficent purpose."

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