MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS

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 […]

ONLY PREPARATION COSTS OF REPORT ARE REIMBURSABLE WHEN 85.39 IME DATED SAME DATE AS EMPLOYER’S IME

In Swanson v. Pella Corp., an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee-requested independent medical examination (IME) is reimbursable when both the employee’s and employer’s IMEs are dated the same date. Section 85.39 of the Iowa Code provides that employees are entitled to an IME with a physician of their own […]

REPLACEMENT RECLINERS IN IOWA ARE DEEMED APPLIANCES

Evilsizor v. Northern Ag Services, Inc. provides an example of how an employee did not meet his burden of proof when petitioning for alternate care. Section 85.27(4) of the Iowa Code provides that an employer has the right to choose a provider of care to treat the injured employee. The section also requires the employer […]

COMMISSIONER ORDERS ALL HEARINGS TO TAKE PLACE VIRTUALLY IN PERPETUITY

On August 11, 2022, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese II, issued an administrative order making all hearings virtual for the foreseeable future. Beginning October 29, 2022, all currently-scheduled hearings in contested cases before the Division will be held by “internet-based video,” unless the Division grants a motion for an in-person hearing. Any […]

IA MEDICAL INSURANCE OPT-OUT PAYMENTS TO BE INCLUDED IN AVERAGE WEEKLY WAGE CALCULATION

In Markley v. J. Rettenmaier USA LP, the Iowa Workers’ Compensation Commissioner affirmed a Deputy Commissioner’s determination that employer-provided medical insurance opt-out payments should be included in an injured employee’s average weekly wage calculation. Section 85.36 of the Iowa Code provides that the basis of compensation for an employee’s injury is the employee’s weekly earnings […]
[/et_pb_section]