Can a skilled health care professional be “totally disabled” under workers’ compensation laws because of latex sensitivity?
• A: Yes. A surgical registered nurse was declared to be totally and permanently disabled because of her latex allergy. The court declared that the nurse could not work outside of her house. The court also said the nurse should be considered unable to work at all and entitled to benefits until “products containing latex are eliminated from hospitals and public settings.” The court cited prior Nebraska law that an injured worker should be declared totally and permanently disabled, even though not altogether incapacitated, “if the worker is so handicapped that he will not be employed regularly in any well-known branch of the labor market.” The court reasoned that, while the nurse could probably sell her services in the competitive labor market, she could not depend on regular employment without factors such as business booms, sympathy of others, good luck or superhuman efforts to rise above her medical disability. • Q: In addition to a workers’ compensation claim, may a latex sensitized
Related Questions
- Can a skilled health care professional be "totally disabled" under workers’ compensation laws because of latex sensitivity?
- Are benefits and/or compensation available to health care workers who are injured while providing emergency care?
- What is the consent provision in cases with health care professional?
