IOWA SUPREME COURT INTERPRETS IME REIMBURSEMENT FEES UNDER SECTION 85.39(2)

by Baylor Evnen, LLP | Feb 13, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Mid American Construction, LLC v. Sandlin, the Iowa Supreme Court held that under Section 85.39(2), an employee is entitled to the reasonable cost of an entire examination accompanying a physician’s determination of the employee’s impairment rating, not just the component cost of the impairment rating itself. Additionally, the Court held that agency factfinding must […]

ADVERSE SIDE EFFECTS FROM COVID-19 VACCINE FOUND NOT COMPENSABLE IN IOWA

by Baylor Evnen, LLP | Feb 3, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In a recent holding from the Commissioner in Driscoll v. City of Cedar Rapids, the Commissioner overturned a previous finding that an employee’s adverse reaction to a COVID-19 vaccine was a compensable injury. The initial Deputy decision found that the employee was “strongly” encouraged by his employer to get the COVID-19 vaccine at the height […]

NEW RULES FOR MEDICAL FEE SCHEDULES AND LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

by Baylor Evnen, LLP | Feb 2, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, on December 28, 2023, the Nebraska Workers’ Compensation Court adopted amendments to Rules 5, 13, 14, 15, 26, 47, and Addendum 2. By January 24, 2024, all of these changes took effect. The amendments to Rules 5, 13, 14, and 15 included minor updates regarding interpreters, fax filings, exhibits, and records checked out. However, […]

NEBRASKA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES ON JANUARY 1, 2024

by Baylor Evnen, LLP | Jan 5, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Effective January 1, 2024, the Nebraska Workers’ Compensation Mileage Reimbursement Rate will rise to 67 cents per mile for travel related to medical treatment or participation in an approved vocational rehabilitation plan.  The Nebraska Workers’ Compensation Court made this announcement on January 4, 2024, with a retroactive effective date of January 1, 2024. This rate […]

VOLUNTEER FIREFIGHTER BENEFIT RATE UPDATE

by Baylor Evnen, LLP | Jan 3, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

We received several questions recently about the firm benefit rate applicable to the volunteer firefighters who sustain injuries in the course of and arising out of their volunteer capacity as a firefighter. Specifically, there have been questions about the current applicable 140% of the statewide average weekly wage benefit rate which applies to volunteer firefighters […]