2020 NEBRASKA LEGISLATURE’S FINAL ACTIONS AFFECTING WORKERS COMPENSATION

The Nebraska Legislature concluded its most recent session with the passage of several bills, including LB 963, the First Responders’ Mental Injuries Bill under the Nebraska Workers’ Compensation Act. The bill was passed in recognition of the perceived unique challenges first responders face on a daily basis. The bill does two things: (1) it lowers […]

COVID-19: IOWA COMMISSIONER, JOSEPH CORTESE, POSTPONES IN-PERSON HEARINGS UNTIL NOVEMBER 20, 2020

On August 14, 2020, Iowa Workers’ Compensation Commissioner, Joseph Cortese, extended the postponement of in-person hearings by the commission from September 15, 2020, to November 20, 2020. This order was not unexpected, but it has some far reaching and important implications for compensation files. For example, as part of the order that has been renewed […]

RETURN TO WORK MUST BE WITH THE SAME EMPLOYER FOR SECTION 85.34(2)(v) TO APPLY

On July 30, 2020, the Commissioner of the Iowa Workers’ Compensation Division, Joseph Cortese, II, announced a new interpretation of the law in Martinez v. Pavlich, Inc. In Martinez v. Pavlich, the employee did not return to work with his former employer after a work related injury. Instead, the employee found another job, with higher […]

COVID-19 UPDATE: TELEMEDICINE VISITS COUNT AS VISITS FOR FMLA THROUGH END OF YEAR

Pursuant to an update to the DOL’s Q&A regarding COVID and the FMLA, telemedicine visits will be deemed to be in-person visits and electronic signatures will amount to signatures for purposes of establishing a serious health condition under the FMLA so long as: the telemedicine visit includes an examination, evaluation, or treatment by a health […]

UPDATED FMLA FORMS: DEPARTMENT OF LABOR ISSUES NEW FMLA FORMS

The U.S. Department of Labor recently issued revised its FMLA certification forms to make them easier to understand for employers, providers, and employees. Find the updated forms here. Christopher M. Schmidt Kate Q. Martz Susan M. Foster Torrey J. Gerdes Baylor Evnen, LLP Wells Fargo Center | 1248 O St., Ste. 600 | Lincoln, NE 68508 […]
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