NEW GUIDANCE IN IOWA INCLUDES FREQUENT “ZERO” WEEKLY EARNINGS IN AVERAGE WEEKLY WAGE CALCULATION

by Baylor Evnen, LLP | Jul 27, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Lutz v. Consolidated Refrigerated Services, an Iowa Deputy Workers’ Compensation Commissioner provided guidance on how to calculate an employee’s average weekly wage when that employee frequently submits pay logs with “zero” weekly earnings due to an irregular pay schedule. Section 85.36 of the Iowa Code provides that the basis of compensation for an employee’s […]

AN IOWA DEPUTY WORKERS’ COMPENSATION COMMISSIONER INTERPRETS A SHOULDER REPLACEMENT SURGERY AS A BODY AS A WHOLE INJURY

by Baylor Evnen, LLP | Jul 15, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Bolinger v. Trillium, an Iowa Deputy Workers’ Compensation Commissioner provided guidance as to whether a reverse shoulder replacement surgery is considered an injury to the shoulder or if it extends to the body as a whole. The claimant in Bolinger argued that her reverse shoulder replacement surgery should be treated as a body as […]

Protected: Baylor Evnen Academy

by Baylor Evnen, LLP | Jul 11, 2022 | FIRM NEWS

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NEBRASKA WORKERS’ COMPENSATION COURT REITERATES NOTICE RULES

by Baylor Evnen, LLP | Jun 22, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Settje v. Walmart Associates, Inc., the Nebraska Workers’ Compensation Court provided guidance as to when an employer has sufficient notice of a potentially compensable injury. Pursuant to Section 48-133, an employee is required to give notice of their injury to their employer within a practicable time. The plaintiff argued that he complained generally about […]

SCHOOL EMPLOYEES AND THEIR AVERAGE WEEKLY WAGE FOR TEMPORARY DISABILITY BENEFIT PURPOSES

by Baylor Evnen, LLP | Jun 21, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Simpson v. Lincoln Public Schools, the Nebraska Court of Appeals provided guidance for how to calculate an employee’s average weekly wage when the employee is an hourly wage earner who only works 9 months out of the year, during the school year. While permanent disability benefits in Nebraska are based on a 40 hour […]