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Dispute Over Worker's MMI Status Doesn't Allow Employer to Dodge Penalty

Tuesday, July 9, 2024 | 0

The Nebraska Supreme Court ruled that an employer was properly penalized for failing to make an indemnity payment to an injured worker because of a dispute over when and if she reached maximum medical improvement. Marlene Mosher worked for Whole Foods Market Inc. She filed a workers’ compensation claim for an on-the-job fall in April 2022. At Whole Foods’ request, Mosher was seen by Dr. Peter Cimino in October 2021 for an independent medical evaluation. Cimino issued a report stating that Mosher was injured as a result of her accident and was at maximum medical improvement. ...

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