Pettit v. State, Department of Social Services

The issue in this litigation is whether Donna Pettit, a chore provider of an aged and disabled individual under the Medicaid Waiver Program, was an employee of the Nebraska Department of Social Services (DSS) when she injured her lower back while providing chore services.

The Workers’ Compensation Court found that Pettit did not prove that she was a DSS employee. Upon appeal, the Nebraska Court of Appeals reversed the Workers’ Compensation Court and held that, as a matter of law, Pettit was a DSS employee when she was injured. Pettit v. State, 95 NCA No. 28, case No. A-94-797 (not designated…