The Nebraska Supreme Court on Friday ruled that the exclusivity provisions of the Workers’ Compensation Act barred an injured worker’s claim under the Nebraska Fair Employment Practice Act that she had been wrongfully terminated on the basis of her disability.

Suzette Dutcher worked for the Nebraska Department of Correctional Services. Her position was mostly administrative, but she still had contact with inmates when she mediated disagreements between counselors and inmates, taught classes, and conducted facility walk-throughs as part of her “officer of the day” duties, according to Dutcher v. Nebraska Department of Correctional Services, filed in Lincoln.

Ms. Dutcher was also required to maintain certification in “level 3” pressure point control tactics training, during which she injured her right knee in April 2015 in what was deemed a compensable injury that required surgery.

Dutcher’s employment was terminated in December 2016 following her alleged failure to find a new position that could accommodate her. In March 2017, her doctor said she had reached maximum medical improvement, and she received permanent work restrictions.

While Ms. Dutcher was receiving disability payments and engaging in her vocational rehabilitation plan, she filed a complaint asserting the department had violated the Americans with Disabilities Act and Nebraska Fair Employment Practice Act.

The department removed the case to federal court, where the ADA claim was dismissed. The remaining NFEPA claim was remanded to state court.

The department then moved for summary judgment on the basis of the exclusivity provisions of the Nebraska Workers’ Compensation Act and a state court judge granted the motion.

The Nebraska Supreme Court affirmed, stating that Ms. Dutcher's claimed discrimination under the NFEPA was a claim “arising from” the knee injury that was caused by an accident arising out of and in the course of her employment.

WorkCompCentral is a sister publication of Business Insurance. More stories here.