Rogers v. Jack's Supper Club

Summary

The Nebraska Supreme Court held that an employer and its workers’ compensation carrier were not responsible for medical treatment obtained from providers selected in disregard of Nebraska’s workers’ compensation physician-selection requirements. The court also held that the Workers’ Compensation Court’s order did not adequately explain the basis for allowing continued treatment from specified providers. The order was reversed and the cause remanded with directions.

Holdings

1. Under Neb. Rev. Stat. § 48-120(2), the employer is not responsible for medical services provided by physicians or other persons selected by the employee in disregard of the statutory physician-selection requirements. Because Rogers' Florida providers were not her initial Form 50 physician, were not designated by agreement or court order as her replacement physician, and were not referral providers of her Form 50 physician, the employer was not required to reimburse those expenses.
2. The compensation court violated Workers' Compensation Court Rule of Procedure 11 because its order allowing Rogers to continue treatment with Dr. Daitch and Dr. Frey did not provide a sufficiently clear basis for meaningful appellate review.

Questions Presented

1. Whether the Nebraska Workers' Compensation Act required the employer to reimburse Rogers for medical services obtained from Florida providers who were neither her Form 50 physician nor providers referred by that physician.
2. Whether the Workers' Compensation Court's order permitting Rogers to continue treatment with Dr. Daitch's office complied with Workers' Compensation Court Rule of Procedure 11 by providing a basis for meaningful appellate review.

Disposition

reversed_and_remanded