Wickert: Court Of Appeals Neuters Workers' Comp Subrogation Statute

Ignorance of the law is no excuse — unless you’re the Nebraska Court of Appeals. On March 8, 2016, the court, in perhaps one of the most illogical and biased decisions in many years, held that a trial court can wipe out a workers’ compensation lien for literally any reason — including the fact that the employee and his wife just bought a dream home. In re Estate of Evertson, 2016 WL 873851 (Neb. App. 2016), the court added insult to injury by ignoring decades of Nebraska law and holding that when an injured or deceased employee brings a third-party ...