Timberlake v. Douglas County

Appellee, a corrections officer for the Douglas County Department of Corrections, sustained a concussion while aiding her supervisor, who was having a seizure. The collective bargaining agreement (CBA) between Douglas County and the Fraternal Order of Police, Lodge No. 8 provided “injured on duty” (IOD) benefits to Department employees who are injured while performing a high-risk duty. The Department’s director denied Appellee IOD benefits. Appellee filed this declaratory judgment action alleging that IOD benefits are wages under the Nebraska Wage Payment and Collection Act and that the County violated the Act by denying her these benefits. The court concluded that Appellee was entitled to IOD benefits and also awarded her attorney fees under the Wage Act. The Supreme Court affirmed, holding that the court correctly ruled that Appellee was injured while performing a high-risk duty. View "Timberlake v. Douglas County" on Justia Law