THE TEACHER EXCEPTION FOR CALCULATING AVERAGE WEEKLY WAGE IN IOWA
Although sometimes overlooked, calculating the average weekly wage of an employee can involve a complex process. One of the most common exceptions to the general rules for calculating an average weekly wage is for teachers or para-educators who defer a portion of...
NAVIGATING THE COMPENSABILITY OF INJURIES THAT OCCUR AT SOCIAL OR RECREATIONAL EVENTS
In Nebraska, injuries that occur during an employer-sponsored recreational or social event are potentially compensable even though they are not part of an employee’s typical work duties. Whether or not these activities are “in the course of” employment is the key...
NEBRASKA COURT OF APPEALS ADDRESSES THE FACTUAL BASIS FOR CLAIM DENIAL
In Perez Yax v. Packers Sanitation Servs., the Nebraska Court of Appeals addressed what type of evidence may create a reasonable basis for the denial of workers’ compensation benefits and what actions may be considered “willful negligence.” The opinion was not...
NAVIGATING INJURIES CAUSED BY HORSEPLAY IN THE WORKPLACE IN IOWA
Under Iowa law, for a workplace injury to be compensable it must both “arise out of” and be “in the course of” employment. Horseplay in the workplace is an activity that may or may not be a deviation from work, and thus not “in the course of” employment for...