There has been much talk regarding an Iowa district court’s reversal of the Workers’ Compensation Commissioner’s finding in Martinez v. Pavlich. The Commissioner determined that an injured claimant must be compensated based on earning capacity when the claimant voluntarily resigns and begins working for a new employer. While a district court reversed that decision on […]
In Bior v. Hormel, the Iowa Workers’ Compensation Commissioner provided an example of how employees could still receive reimbursement for their IME even while failing to prove their injury was work-related. Section 85.39 of the Iowa Code provides that employees are entitled to an IME with a physician of their own choosing after an employer-retained […]
The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska Fair Employment and Practice Act (hereinafter NFEPA). In Dutcher, the employee worked for the […]
