Saturday, February 03, 2007
Follow up: no worker compensation suicidal State Patrolman's relatives Zach v. Nebraska State Patrol, S-05-449, 273 Neb. 1. Nebraska Supreme Court reverses court of appeals ruling that called for the patrolmans family to have a chance to prove their case at trial. When the family alleged that the patrolman suffered solely a mental stimulus from learning that he had stopped a bank robber and let him go, resulting in suicide the stimulus was neither an accident nor an occupational disease. See 48-151(4) and 48-101 /RRS Neb. it is speciically alleged that the changes to Zach’s brain were caused by “being advised of the con-sequences of an injury caused by a mental stimulus does not meet the requirement in §48-151(4) that a compensable accidental injury involve “violence to the physical structure of the body.” accordingly, the court of appeals and the review panel of the Workers’ compensation court erred in concluding that the operative petition stated a claim for accidental injury arising out of and in the course and scope of Zach’s employment with the nebraska state patrol error,” which is clearly a mental stimulus. based upon principles articulated in Bekelski and subsequent cases, under current nebraska law, a compensable injury caused by an occupational disease must involve some physical stimulus constituting violence to the physical structure of the body. because the injury in this case is alleged to have resulted entirely from a mental stimulus, no claim is stated for injury caused by occupational disease.