DEPUTY WORKERS’ COMPENSATION COMMISSIONER JOINED DEPARTMENT OF WORKERS’ COMPENSATION

by Baylor Evnen, LLP | Feb 5, 2020 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, with the resignation of former Deputy Commissioner Toby Gordon, the Iowa Workers’ Compensation Commissioner hired attorney Jessica Cleereman to fill the role. Deputy Cleereman graduated from law school in 2005 and since that time has spent significant time practicing in Iowa workers’ compensation with private law firms and Nationwide Insurance. Her term began on […]

POTENTIAL SEA CHANGE IN WHAT CONSTITUTES NOTICE OF AN INJURY “AS SOON AS PRACTICABLE” IN NEBRASKA

by Baylor Evnen, LLP | Dec 23, 2019 | BLOG, EMPLOYMENT, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, the Nebraska Court of Appeals affirmed a trial court’s finding that an employee did not give notice to his employer ‘as soon as practicable’ in Bauer v. Genesis Healthcare Group. The employee was hurt on September 15, 2017, and informed his employer on October 23, 2017. This represented a delay of just over 30 […]

THIRD PARTY CLAIMS ADJUSTERS ARE NOT SUBJECT TO BAD FAITH CLAIMS

by Baylor Evnen, LLP | Nov 6, 2019 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Under Iowa law a claimant can bring a claim for bad faith denial of coverage for their work place related injury in Iowa District Court, depending on the outcome, this can subject defendants to significant monetary awards. In May of 2019, Iowa’s Supreme Court came out with a ruling in De Dios v. Indemnity Insurance […]

IOWA WORKERS’ COMPENSATION REFRESHER: CARDIOVASCULAR INJURIES

by Baylor Evnen, LLP | Oct 17, 2019 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that employment was both the medical and legal cause of the injury. Riley v. Oscar Mayer Foods Corp., 532 N.W.2d 489 (Iowa Ct. App. 1995). Legal […]

NEW DOL OVERTIME RULE RAISES EXEMPT SALARY THRESHOLD TO $684/WEEK

by Baylor Evnen, LLP | Oct 8, 2019 | BLOG, EMPLOYMENT, LITIGATION & PROFESSIONAL DEFENSE

The United States Department of Labor recently announced its new overtime rule for non-exempt (i.e., hourly) employees. The key takeaway from the highly anticipated announcement was the new salary threshold of $684 per week ($35,568 per year) that employees must earn to potentially qualify as “exempt” from overtime requirements. Other changes include raising the total […]