An appeals court in Nebraska ruled Tuesday that the depression and anxiety experienced by an alarm technician who injured his foot while at work must be connected to his 2019 injury for his family to be eligible for survivor benefits following his 2023 suicide.
The worker for Continental Fire Sprinkler Co. was on his way to repair a fire alarm at a college campus when a heavy glass door hit his foot, which resulted in swelling and was eventually diagnosed as a sprain, according to docket number A-23-457, filed in the Nebraska Court of Appeals.
The technician was not put on work restrictions and was told his foot would heal. Prediabetic and suffering from neuropathy, he continued to suffer problems related to his foot. Months later, he sent a message to his doctor for anxiety medications, stating that anxiety was causing him to drink alcohol, which was contributing to his foot pain, according to court records.
In 2021 and following surgery on his foot, the technician filed a petition in the Nebraska Workers’ Compensation Court alleging that as a result of the work-related accident, he suffered injuries to his right foot and toes, left foot and toes, and nerves in his right lower extremity. He also alleged that the accident worsened his anxiety and depression, and asked that he be awarded indemnity benefits, ongoing medical benefits, future medical benefits, compensation for his loss of earning capacity, and vocational rehabilitation benefits. Continental Fire admitted that the technician had a work-related accident but denied that he suffered from any lingering disability as a result, and denied coverage of his mental health conditions.
In addition to awarding partial benefits, the compensation court ruled that he “has depression and anxiety which will improve once he finds work after vocational rehabilitation which will be either training or job placement, but most likely formal retraining due to his high average weekly wage.” The court ordered Continental Fire to pay for all of his past and future medical expenses related to his right foot injury only and resulting surgery, in addition to “medication for depression and anxiety.”
The appeals court reversed the mental injuries part of the claim, writing that the “award as to (his) depression and anxiety is confusing and unclear.” The appeals court remanded the case for further proceedings to use “the existing record” to clarify “its finding regarding the causation of (his) depression and anxiety and, if necessary, clarifying Continental Fire’s economic obligations as a result of (his) psychological condition.”