McGinn v. Douglas County Social Services Administration

I dissent. Neb. Rev. Stat. § 48-101 (Reissue 1978) states: “When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation therefor from his or her employer if the employee was not willfully negligent at the time of receiving such injury.”

Nebraska currently recognizes the increased risk test for determining whether injuries arise out of an employee’s employment. Generally stated, the increased risk test requires that an employee’s employment duties must expose that employee…