Posts tagged injuries

• Diagnosis of Fibromyalgia and Daubert Ruling in Nebraska

  John Inserra | June 02, 2006 3:49 PM | 0 CommentsOmaha, NE 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....

• FELA Verdict in Colorado Upheld

  John Inserra | June 09, 2006 9:03 AM | 0 CommentsOmaha, NE 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...

• Retaliation in Worker's Compensation

  John Inserra | July 09, 2007 12:48 PM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court's acceptance of a cause of action for the retaliatory demotion for the filing of a Worker's Compensation claim. [7] Focusing on our rationale in Jackson, we conclude thata cause of action for retaliatory demotion exists when an employerdemotes an employee for filing a workers' compensationclaim. When we recognized a...

• ASSE to discuss hexavalent chromium standard

  Staff Writer | January 18, 2007 1:22 PM | 0 CommentsLincoln, NE Category: Workplace Injuries
  

  A report from Des Plaines, Illinois, says that The American Society of Safety Engineers (ASSE) will host a discussion of the U.S. Occupational Safety and Healthy Administration (OSHA) Hexavalent Chromium Standard this month. OSHA created the standard to improve the safety, health and environmental profession. Hexavalent chromium (CR(VI)) exposure can be detrimental to workers' health in a...

• Retaliatory Discharge

  John Inserra | July 21, 2006 11:20 AM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  The case of Riesen v Irwin Industrial sets out Nebraska's analysis for a retaliatory discharge for the filing of a worker's compensation claim in an "employee at will" state. The following procedure is utilized under the three-tiered allocation of proof standard: First, the plaintiff has the burden of proving a prima facie case of discrimination. See Goerke, supra. Second, if the plaintiff...

• Possible New Knee Cartilage

  John Inserra | July 19, 2006 9:15 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:"We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 months after implantation of Hyalograft C," the authors conclude. "Development of osteoarthrosis,...

• Welder Recovers in Ohio for Manganese Exposure

  John Inserra | December 10, 2007 8:35 AM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  It is reported in the Cincinnati Post that A federal jury awarded $17.5 million to a welder who sued five companies on claims that he got sick from inhaled fumes, marking the second time in 18 such cases that a verdict has come down on the side of workers.The jury in Cleveland found that the five companies showed negligence by not warning the plaintiff of the toxicity of manganese in their...

• FELA Verdict in Nebraska

  John Inserra | August 13, 2007 8:31 AM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  A Nebraska railroad worker won a nearly $2.8 million verdict against the Union Pacific Railroad for a workplace injury that went to trial last week at U.S. District Court in Omaha. Kendall Walsh lost the use of his right arm after it was crushed by a concrete railroad tie that fell off a pile at an Iowa railroad crossing two years ago. A jury sided with Walsh on Friday but found him partially...

• FELA Cumulative Trauma Verdict

  John Inserra | February 16, 2007 3:47 PM | 0 CommentsOmaha, NE Category: Mass Transit (Airline, Cruise Ship, Train, Bus)
  

  A verdict in Beaumont Texas was reported for a cumulative trauma spine injury against the Burlington Northern Santa Fe railroad.

• Microdiscectomy Study

  John Inserra | January 09, 2007 3:53 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  A study reported at Medscape: Not a large study but it seems to fall in line with recent trends for treatment of herniated discs.Study Design: Prospective randomized controlled trial.Objective: To assess effectiveness of microdiscectomy in lumbar disc herniation patients with 6 to 12 weeks of symptoms but no absolute indication for surgery.Summary of Background Data: There is limited evidence...