Reading Room

Nebraska Adopts Single Reaction Theory

Jon 7589

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 7589

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 Court Finds Latex Allergic Surgical RN Totally Disabled

Jon 7295

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 7297

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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