ZWIENER v. BECTON DICKINSON-EAST

No. S-12-563.

829 N.W.2d 113 (2013)

285 Neb. 735

Pat ZWIENER, appellee and cross-appellant, v. BECTON DICKINSON-EAST, appellant and cross-appellee.

Supreme Court of Nebraska.

April 19, 2013.


Attorney(s) appearing for the Case

Abigail A. Wenninghoff , of Larson, Kuper & Wenninghoff, P.C., L.L.O., for appellant.

Ryan C. Holsten , of Atwood, Holsten, Brown & Deaver Law Firm, P.C., L.L.O., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and CASSEL, JJ.


McCORMACK, J.

NATURE OF CASE

The employer appeals from an award of the Nebraska Workers' Compensation Court, and the employee cross-appeals. We hold that an employee who leaves a job with an employer responsible for an injury in order to pursue more desirable employment does not waive temporary total disability benefits simply because the employer responsible for the injury would have accommodated light-duty restrictions during postsurgical recovery periods...

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