LEGISLATIVE UPDATE: COVID-19 REBUTTABLE PRESUMPTIONS IN IOWA

by Baylor Evnen, LLP | Jul 22, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

During the 2021 Iowa Legislative Session, legislators introduced two bills to amend the COVID-19 Response and Back-to-Business Limited Liability Act (“the Act”). The Act currently limits liability for businesses in civil actions arising from COVID-19 exposure but does not impact workers’ compensation claims. If passed, proposed bills HF 121 and SF 138 would provide employee-friendly […]

NEBRASKA COURT OF APPEALS DETERMINES THAT UNRELATED INCIDENT AT HOME WAS COMPENSABLE AS AN EXACERBATION OF A PRIOR WORK INJURY

by Baylor Evnen, LLP | Jul 14, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, in Bunz v. A.C. Lightning Prot. Co., Inc., the Nebraska Court of Appeals addressed the difference between an aggravation and an independent intervening cause in an unpublished opinion. While the opinion is unpublished, meaning that it cannot be cited as authoritative, it provides a strong analysis of the differences between these two types of […]

ATTORNEY CHRIS SCHMIDT JOINS RADIO SHOW GROW LINCOLN

by Baylor Evnen, LLP | Jul 14, 2021 | BLOG

Baylor Evnen and Grow Lincoln work to do the same thing: to promote and help our great local businesses. Attorney Chris Schmidt was on the show recently to discuss that shared interest and common legal issues companies face.  Click here to hear about the services Baylor Evnen offers to assist local businesses.

GENERAL CONTRACTOR NOT LIABLE UNDER SECTION 48-116 FOR SUBCONTRACTOR’S WORK RELATED INJURY

by Baylor Evnen, LLP | Jul 6, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, the Court of Appeals of Nebraska was faced with compensability issues relative to multiple contractors.  Typically, under 48-116, Nebraska will hold a general contractor liable for workers’ compensation benefits for an injured worker of the subcontractor if the subcontractor failed to obtain workers’ compensation insurance. However, in Wright v. H & S Contracting, the […]

NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

by Baylor Evnen, LLP | Jul 2, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical Examiners. Others are more significant. Probably one of the most significant changes […]