NAVIGATING THE COMPENSABILITY OF INJURIES THAT OCCUR AT SOCIAL OR RECREATIONAL EVENTS

In Nebraska, injuries that occur during an employer-sponsored recreational or social event are potentially compensable even though they are not part of an employee’s typical work duties. Whether or not these activities are “in the course of” employment is the key issue for determining whether an injury is compensable. In the case of Shade v. […]

NEBRASKA COURT OF APPEALS ADDRESSES THE FACTUAL BASIS FOR CLAIM DENIAL

In Perez Yax v. Packers Sanitation Servs., the Nebraska Court of Appeals addressed what type of evidence may create a reasonable basis for the denial of workers’ compensation benefits and what actions may be considered “willful negligence.”  The opinion was not selected for permanent publication, and thus is not binding precedent for other Nebraska courts, […]

NAVIGATING INJURIES CAUSED BY HORSEPLAY IN THE WORKPLACE IN IOWA

Under Iowa law, for a workplace injury to be compensable it must both “arise out of” and be “in the course of” employment. Horseplay in the workplace is an activity that may or may not be a deviation from work, and thus not “in the course of” employment for determining if an injury is compensable. […]
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