NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $983.00

by Baylor Evnen, LLP | Nov 19, 2021 | BLOG, FIRM NEWS, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

For work-related injuries and illnesses that occur on or after January 1, 2022 the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $983.00. The Nebraska Workers’ Compensation Court announced the change on November 17, 2021. The new rate equates to 100 percent of the state wide average weekly wage, […]

COVID-19 UPDATE: OSHA ISSUES ETS REQUIRING EMPLOYEE VACCINATION OR WEEKLY TESTING

by Baylor Evnen, LLP | Nov 4, 2021 | BLOG, EMPLOYMENT, FIRM NEWS

This morning, The Occupational Safety and Health Administration (OSHA) released its emergency temporary standard (ETS) requiring businesses with 100 or more employees to develop, implement, and enforce a mandate requiring employees to either get vaccinated or to produce a weekly COVID-19 test and wear a face covering at work in lieu of vaccination. A Fact […]

CBD OIL IN IOWA, COMPENSABLE?

by Baylor Evnen, LLP | Oct 19, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In many shops and stores you will find CBD Oil being advertised as a legal substance that has health benefits. CBD Oil has been legalized in Iowa in a limited capacity for medical use only. Iowa Code § 124E. However, in the context of workers’ compensation, insurers and employers are not required to pay for […]

MEDICAL MARIJUANA AND CBD OIL, COMPENSABLE?

by Baylor Evnen, LLP | Oct 19, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Nebraska you will find CBD Oil and other Marijuana extract products in various locations. Medical Marijuana is not currently legal in this state but the prevalence of these Marijuana extract products, which promise health benefits, begs the question: Are these products compensable under Nebraska Workers’ Compensation Act? Marijuana and its extracts are illegal in […]

HOW DO YOU KNOW IF AN EMPLOYEE IS EARNING THE SAME OR GREATER WAGES UNDER SECTION 85.34(2)(V) TO PRECLUDE ASSESSMENT OF INDUSTRIAL DISABILITY?

by Baylor Evnen, LLP | Sep 24, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Section 85.34(2)(v) can be used to limit an employee’s permanent disability indemnity recovery for a body as a whole injury to just the amount of functional loss sustained by the injury (as opposed to assessment based on industrial disability which is typically higher); as outlined in the AMA Guidelines 5th Edition.  However, for this provision […]