Thiele v. Select Med. Corp.
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In April 2020, Christine Thiele, a nurse liaison at Select Specialty Hospital, contracted COVID-19 and developed severe and disabling medical issues as a result. Thiele filed for workers' compensation benefits, arguing that her COVID-19 infection was an occupational disease under the Nebraska Workers' Compensation Act. The Nebraska Workers' Compensation Court granted summary judgment in favor of Select and Liberty Insurance, Inc., dismissing Thiele's petition. Thiele appealed.
The Nebraska Supreme Court reversed the lower court's decision and remanded the case for further proceedings. The court found that there was a genuine issue of material fact as to whether Thiele's COVID-19 infection, contracted in April 2020, was a compensable occupational disease or a noncompensable disease of ordinary life. The court reasoned that the issue should be assessed by reference to whether her COVID-19 infection was a disease of ordinary life in April 2020, not at the time of the hearing in November 2022. The court concluded that the lower court's focus on the situation in 2022 was erroneous.
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