Nebraska Supreme Court
Lopez v. Catholic Charities
December 15, 2023315 Neb. 617
Summary
The Nebraska Supreme Court affirmed the district court's dismissal of Lopez's tort claims, holding that workers' compensation exclusivity is an affirmative defense, not a jurisdictional bar, and that no exception exists for intentional torts even when the employer acted with specific intent to injure. The Court also declined to consider Lopez's constitutional and public policy arguments because she failed to follow procedural requirements. The decision reiterates that the Workers' Compensation Act provides the exclusive remedy for injuries arising out of employment.