Michael B. v. Northfield Retirement Communities, A-16-486

Background

Kena B. had a 2009 work-related injury and received a stipulated workers’ compensation award in 2012; she continued to receive treatment for chronic pain.
On April 15, 2014, Kena was found unconscious after ingesting multiple prescription medications and later died; autopsy listed cause as multiple drug toxicity (the coroner initially recorded the manner as accidental).
Hours before the overdose, a police detective and a social worker visited Kena after she learned she was being evicted and that her teenage daughter, KaLeigh, would be removed from her custody; Kena said she was “at her end” but denied intent to harm herself.
Medical testimony established Kena had prescriptions for methadone, oxycodone, and Xanax; a significant number of pills were unaccounted for and toxic levels were present at autopsy; Kena had a history of anxiety, depression, prior suicidal ideation/attempts, and a recent psychiatric hospitalization.
Michael B., as next friend of KaLeigh, substituted as plaintiff and sought death benefits under the Nebraska Workers’ Compensation Act; the Compensation Court found Kena’s death was suicide, constituting willful negligence and barring recovery, and dismissed the petition with prejudice.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the presumption against suicide applied and was overcome	Michael: presumption stood; insufficient evidence to show suicide, so death should be deemed accidental	Northfield: evidence (statements, history, pill quantities) rebutted presumption	Court: presumption overcome; findings of suicide supported by evidence
Whether there was sufficient competent evidence of suicide to bar benefits	Michael: evidence supported accidental overdose; alternatively, work injury contributed to suicide (compensable under Friedeman)	Northfield: suicide is willful negligence barring recovery; no showing suicide was nonvoluntary due to work injury	Court: sufficient evidence of intentional overdose; no record support that work injury caused nonvoluntary suicide; benefits barred
Whether Friedeman exception (nonvoluntary suicide caused by work injury) applies	Michael: Kena’s chronic pain from the work injury contributed to suicide, so recovery should be allowed	Northfield: Kena’s mental health and acute emotional triggers, not proven extreme pain from work injury, led to suicide	Court: Friedeman not applicable; no evidence extreme pain caused nonvoluntary suicide
Whether the Compensation Court improperly relied on Kena’s illicit drug use, showing bias	Michael: court referenced prior illicit drug use repeatedly, evidencing bias and improper reliance	Northfield: references were factual recitation; court stated illicit drug use played virtually no role in decision	Court: no improper reliance or bias; drug use mentioned only as background and minimally considered

Key Cases Cited

Tchikobava v. Albatross Express, 293 Neb. 223, 876 N.W.2d 610 (standard of appellate review for Workers’ Compensation Court decisions)
Hannon v. J. L. Brandeis & Sons, Inc., 186 Neb. 122, 181 N.W.2d 253 (presumption against suicide when cause of death is otherwise unexplained)
Breckenridge v. Midlands Roofing Co., 222 Neb. 452, 384 N.W.2d 298 (presumption against suicide can be overcome by evidence showing how death occurred)
De Bruler v. City of Bayard, 124 Neb. 566, 247 N.W. 347 (statements expressing despair can support inference of intentional self-harm when considered with other factors)
Friedeman v. State, 215 Neb. 413, 339 N.W.2d 67 (recognizes exception: nonvoluntary suicide driven by work-related injury may allow compensation)