Sunday, April 06, 2008
Injured worker who sometime after her work-related accident moved from Omaha to a smaller community could ask the court evaluate her lost earning capacity based upon her access to the labor market in the smaller community, as long as she could show her move was in good faith. Giboo v. Certified Transmission Rebuilders, S-07-139, 275 Neb. 369 "when an employee injured in one community relocates to a new community, the new community will serve as the hub community from which to assess the claimant’s earning capacity, provided that the “change of community was done in good faith, and not for improper motives.” Like the South Dakota Supreme Court (Reede v. State, Dept. of Transp., 620 N.W.2d 372 (S.D. 2000)), we believe the claimant carries the burden to establish that the move was made in good faith and not for the purpose of exaggerating the extent of his or her difficulty in finding suitable employment. If the claimant cannot show a legitimate motive behind his or her post-injury relocation, the community where the claimant resided at the time the injury occurred will serve as the hub community."