Reading Room

Nebraska Adopts Single Reaction Theory

Jon 7565

The Nebraska workers' compensation court has followed the theory adopted by a majority of jurisdictions in the United States and has accepted the single reaction theory of compensability for latex allergy claims. Even though a latex sensitized nurse worked for a subsequent employer and developed subsequent allergic reactions, the Nebraska court held that a single incident of an exposure with resulting symptomatology many years earlier requiring medical treatment was an incident for which compensability could be attributed. In following this position and rejecting "the last injurious rule" theory, Nebraska has simplified the procedure to obtain workers' compensation benefits and avoided complex and expensive litigation requiring multiple parties to appear in order to apportion liability.  

Nebraska Adopts Single Reaction Theory

Jon 7564

The Nebraska workers' compensation court has followed the theory adopted by a majority of jurisdictions in the United States and has accepted the single reaction theory of compensability for latex allergy claims. Even though a latex sensitized nurse worked for a subsequent employer and developed subsequent allergic reactions, the Nebraska court held that a single incident of an exposure with resulting symptomatology many years earlier requiring medical treatment was an incident for which compensability could be attributed. In following this position and rejecting "the last injurious rule" theory, Nebraska has simplified the procedure to obtain workers' compensation benefits and avoided complex and expensive litigation requiring multiple parties to appear in order to apportion liability.  

$1.3 Million Jury Verdict Signals A New Avenue of Benefits Available to Latex Sensitized Workers

Jon 5130

The first trial of a claim in a consolidated State action by sensitized health care workers against latex glove manufacturers resulted in a California jury awarding $1.3 million to a respiratory therapist as a result of her allergic reaction to latex gloves used at the hospital where she worked. The jury award confirms the credibility and validity of such claims and makes real the probability of securing benefits directly from the manufacturers, for placing a defective product into...

$1.3 Million Jury Verdict Signals A New Avenue of Benefits Available to Latex Sensitized Workers

Jon 5130

The first trial of a claim in a consolidated State action by sensitized health care workers against latex glove manufacturers resulted in a California jury awarding $1.3 million to a respiratory therapist as a result of her allergic reaction to latex gloves used at the hospital where she worked. The jury award confirms the credibility and validity of such claims and makes real the probability of securing benefits directly from the manufacturers, for placing a defective product into...

Nebraska Court Finds Latex Allergic Surgical RN Totally Disabled

Jon 7278

In one of the most significant decisions yet to be rendered by a Court, a surgical registered nurse was declared to be totally and permanently disabled because of her latex allergy. The court declared that the nurse could not work outside of her house and that until "products containing latex are eliminated from hospitals and public settings" the nurse should be considered unable to work at all and should be entitled to benefits. 

Connie...

Nebraska Court Finds Latex Allergic Surgical RN Totally Disabled

Jon 7275

In one of the most significant decisions yet to be rendered by a Court, a surgical registered nurse was declared to be totally and permanently disabled because of her latex allergy. The court declared that the nurse could not work outside of her house and that until "products containing latex are eliminated from hospitals and public settings" the nurse should be considered unable to work at all and should be entitled to benefits. 

Connie...

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