NEW GUIDANCE SUGGESTS THAT NO EMPLOYEE SIGNATURE IS REQUIRED ON DOCUMENT USED TO SUPPORT MISREPRESENTATION DEFENSE

by Baylor Evnen, LLP | Feb 10, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Rulla v. YRTC Kearney Pay Home, a plaintiff employee sought partial summary judgment to prevent the defendant employer from asserting the misrepresentation affirmative defense under Section 48-148.01. The employee argued that the employer lacked evidence of a written acknowledgment that the employee misrepresented his ability to perform the job’s essential functions. Section 48-148.01(1) states […]

TOM SHIRES ELECTED NEW VP OF KIDS’ CHANCE OF NEBRASKA

by Baylor Evnen, LLP | Jan 27, 2023 | BLOG, FIRM NEWS

This week, Tom Shires was elected to be the next vice president of the Kids’ Chance of Nebraska’s Board of Directors. Tom Shires is a partner at Baylor Evnen Wolfe & Tannehill and specializes in workers’ compensation. He handles workers’ compensation matters in Nebraska and Iowa for a broad range of clients, from local family-owned […]

NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,029.00

by Baylor Evnen, LLP | Nov 16, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

For work-related injuries and illnesses that occur on or after January 1, 2023, the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,029.00. The Nebraska Workers’ Compensation Court announced the change on November 16, 2022. The new rate equates to 100 percent of the state-wide average weekly wage, rounded […]

EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)

by Baylor Evnen, LLP | Oct 5, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Ocampo v. New Fashion Pork, LLP, an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee’s permanent disability should be determined through a refiling proceeding. In Ocampo, the employee returned to work for the employer, but was subsequently discharged before his workers’ compensation hearing. He then obtained new employment at a lower […]