In Lovelace v. City of Lincoln, 283 Neb. 12 (2012), the Supreme Court held that an employee cannot be considered permanently and totally disabled for a period of time when he or she was working part time or full time at the same job he or she had prior to his or her work-related injury.
In the instant case, Lovelace suffered an injury in the course and scope of her employment on March 21, 2006. Lovelace continued to work for the same employer after her injury until June 22, 2006, when she had surgery on her left knee. She returned to work on October 2, 2006 and continued working until November 6, 2007, when she fell and sustained an additional injury to her right leg. Lovelace had another surgery on her left knee on December 19, 2007 and did not return to work. Her position was terminated in June 2008.
The Supreme Court affirmed the review panel’s decision, which held that no benefits were to be paid prior to June 22, 2006 because Lovelace worked full time between the first accident, which occurred on March 21, 2006, through June 22, 2006. Further, the Supreme Court held that Lovelace was not entitled to permanent total disability benefits for the period of October 2, 2006 through December 18, 2007, when she was working either part time or full time and receiving temporary partial disability payments. A worker cannot be considered permanently and totally disabled for a period of time when he or she was working part time or full time at the same job he or she had prior to his or her injury. Lovelace was not an odd-lot worker and entitled to permanent total disability payments until December 19, 2007.
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