AM I LIABLE: WHAT CONSTITUTES NOTICE FOR A WORKERS’ COMPENSATION CLAIM IN IOWA?

The Court of Appeals of Iowa recently affirmed a decision from the Commission that a report notifying the employer that an accident might have occurred, but did not specify that an employee had been hurt or injured, was sufficient notice in John Deere Davenport Works v. Dickerson. Under Section 85.23, notice of a work-related injury […]

ARPA UPDATE: DOL ISSUES COBRA FORM NOTICES AND GUIDANCE

The American Rescue Plan Act of 2021 (ARPA), provided premium assistance and an extended election period under COBRA and similar state laws for assistance eligible individuals.  Employers were required to provide certain notices to individuals regarding the premium assistance and extended election period, and the DOL was directed to issue model notices for such purposes. The DOL […]

EMPLOYEE OR INDEPENDENT CONTRACTOR? THE TEST THAT WILL DETERMINE LIABILITY FOR WORKERS’ COMPENSATION

Whether or not a worker is considered an employee or an independent contractor can determine liability for workers’ compensation benefits under the Nebraska Workers’ Compensation Act. The Court of Appeals of Nebraska recently revisited the ten factor test to determine if a worker was an employee or an independent contractor in Wright v. H & […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

LB 256 As we reported last week, the Business and Labor Committee advanced LB 256 to General File on a 7-0 vote. Introduced by Senator Matt Hansen, LB 256 provides that a release may be used to finalize an agreement to resolve all issues other than future medical where the employee is eligible for Medicare, […]

HOW MUCH IS ENOUGH? AN INTERPRETATION OF WHICH WEEKS REPRESENT AN EMPLOYEE’S AVERAGE WEEKLY WAGE FOR WORKERS’ COMPENSATION

The Court of Appeals of Iowa affirmed a decision from the Iowa Workers’ Compensation Commission that held that a week during which an employee works only a few hours less than other weeks can be excluded from the average weekly wage calculation in Regional Care Hospital Partners, Inc. v. Marrs. As we know in Iowa, […]
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