S-23-0022 Christine Thiele (Appellant) v. Select Medical Corp., d/b/a Select Specialty Hospital & Liberty Ins., Inc. (Appellee)
Appeal from the Workers’ Compensation Court, Judge Daniel R. Fridrich
Attorneys: Douglas R. Novotny (Novotny Law, LLC for Appellant) and Robert Kinney-Walker (Law Offices of James Nubel for Appellee)
Workers’ Compensation: COVID-19, Compensable Injury
Proceedings Below: After she contracted COVID-19, Appellant alleged that Appellee failed to provide her with a safe workplace and petitioned the Workers’ Compensation Court for redress. Appellant alleged that COVID-19 was a compensable injury, but the workers’ compensation court sustained Appellee ‘s Motion for Summary Judgment. Appellee filed a Petition to Bypass the Court of Appeals, which the Supreme Court sustained and transferred this case to its docket.
Issues: Appellant makes the following assignments of error: 1) The Workers Compensation Court erred when it sustained Defendants’ Motion for Summary Judgment by finding that Covid-19 is not an Occupational Disease as defined by the Workers Compensation Act; 2) The Workers Compensation Court erred by finding that Covid 19 was not a disease that was unique to Thiele’s employment in April of 2020; 3) The Workers Compensation Court erred in finding that Covid 19 was an ordinary disease of life in April of 2020; 4) The Workers Compensation Court erred in failing to view the evidence and all reasonable inferences that may be derived from the evidence, in the light most favorable to Thiele; 5) The Workers Compensation Court erred in failing to broadly and liberally construe Neb. § 48-151 and the definition of occupational disease to accomplish the beneficent purpose of the Act; 6) The Workers Compensation Court erred in dismissing Thiele’s Petition with prejudice as it defeats the beneficent purpose of the Workers Compensation Act; and 7) The Workers Compensation Court erred in dismissing the case with prejudice, without a determination as to whether Covid-19 can be regarded as an accident, as it goes against the beneficent purpose of the act, affects Thiele substantial rights and would result in a miscarriage of justice.