2018 Workers Compensation Newsletter - First Quarter

In an otherwise compensable claim, when does an employer have to pay for pre-surgical testing/treatment and pay TTD benefits while such testing/treatment occurs?

 

In limited circumstances in Nebraska, an employer may have to pay for personal health pre-surgical testing/treatment for conditions such as obesity.  However, generally it is very difficult on appeal for that testing/treatment to survive the Supreme Court of Nebraska without that testing/treatment directly relieving some type of condition that an actual work accident caused.  Employers are also required to pay TTD benefits for pre-surgical testing/treatment if the employee is off work. Please see memo here.