Potter v. McCulla
288 Neb. 741
Neb.2014Background
- Potter suffered a repetitive trauma neck injury over 30 years as a dental hygienist.
- Her symptoms began in 2007–2008; continued treatment through January 2009 with no work interruption.
- February 11, 2009, Potter first missed work due to pain, after which treatment continued.
- Potter’s later doctors attributed causation to repetitive work duties; FirstComp denied further medical payment.
- Nebraska Workers’ Compensation Court found a causal link and assigned February 11, 2009 as the date of injury, with Garcia and FirstComp liable.
- Garcia and FirstComp appealed; the issue centered on causation and the date of injury under the repetitive-trauma rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation for repetitive trauma injury | Potter proved work-related causation through medical opinions tying injury to dental hygiene duties. | Potter failed to link injury to Garcia specifically; causation not shown. | Compensation court’s causation finding affirmed. |
| Date of injury for repetitive trauma | Date should be when injury manifests via medical treatment and missed work, not earlier. | Adopt Iowa-like rule tying manifestation to plain appearance of injury and relation to work. | Court adopted and affirmed date of injury as February 11, 2009 (first missed day). |
| Test for 'suddenly and violently' in repetitive trauma | Nebraska test remains valid and administrable; not overruling precedent. | Test should be changed to align with other jurisdictions. | Court declined to overrule precedent; maintained current definition and rationale. |
Key Cases Cited
- Hynes v. Good Samaritan Hosp., 285 Neb. 985 (2013) (establishes general causation and burden standards in workers' comp)
- Pearson v. Archer-Daniels-Midland Milling Co., 285 Neb. 568 (2013) (addressed causation and proof requirements in WCA)
- Tomlin v. Densberger Drywall, 14 Neb. App. 288 (2005) (repetitive-trauma causation framework cited)
- Risor v. Nebraska Boiler, 277 Neb. 679 (2009) (discussed arising-out-of and causal connection standards)
- Swoboda v. Volkman Plumbing, 269 Neb. 20 (2004) (recognizes timing considerations for repetitive trauma)
- Dawes v. Wittrock Sandblasting & Painting, 266 Neb. 526 (2003) (stare decisis and repetitive-trauma interpretive approach)
- Jordan v. Morrill County, 258 Neb. 380 (1999) (early articulation on injury timing in WCA context)