GENERAL CONTRACTOR NOT LIABLE UNDER SECTION 48-116 FOR SUBCONTRACTOR’S WORK RELATED INJURY

by Baylor Evnen, LLP | Jul 6, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, the Court of Appeals of Nebraska was faced with compensability issues relative to multiple contractors.  Typically, under 48-116, Nebraska will hold a general contractor liable for workers’ compensation benefits for an injured worker of the subcontractor if the subcontractor failed to obtain workers’ compensation insurance. However, in Wright v. H & S Contracting, the […]

NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

by Baylor Evnen, LLP | Jul 2, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical Examiners. Others are more significant. Probably one of the most significant changes […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL OCTOBER 29, 2021

by Baylor Evnen, LLP | Jul 1, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On June 28, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from July 24, 2021 to October 29, 2021. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the order, all in-person hearings scheduled to take place between […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

by Baylor Evnen, LLP | Jun 16, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to resolve all issues other than future medical where […]

IOWA COURT OF APPEALS CLARIFIES “ODD-LOT DOCTRINE”

by Baylor Evnen, LLP | Jun 14, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Court of Appeals of Iowa recently affirmed a decision from the Commission about an employee who argued she was entitled to permanent total disability from a work related injury. In Drahozal v. American Airlines, the employee argued that she fell under the Odd-Lot Doctrine, but the court found this not to be true, because […]