A Developing Trend in the Nebraska Workers’ Compensation Courts – For an Independent Medical Examiner to be Appointed in a Case, a Dispute Between Two Doctors Must be Present.
In May of this year, the Nebraska Workers’ Compensation Court in Maslonka v. Falewitch Construction Services Inc. DOC: 211 NO. 0602 (2013), held that there must be a dispute between two doctors on record...
The Supreme Court of Iowa Clarified the Statute of Limitations Provisions in I.C.A. §85.26(2) in Circumstances Where an Employer’s Payment of Indemnity Benefits Cease Prior to an Arbitration Award.
In Coffey v. Mid Seven Transportation Co. 2013 WL 1922810 (Iowa 2013), the Supreme Court of Iowa determined that the statute of limitations to request further benefits runs at the later of the last...
THE COURT OF APPEALS OF IOWA FINDS A CLAIMANT UNABLE TO REOPEN A SETTLEMENT WHEN THE CLAIMANT’S CHANGE IN CONDITION ARISES ENTIRELY FROM NON-ECONOMIC REASONS
Recently, the Court of Appeals of Iowa in Hernandez v. Osceola Foods, 2013 WL 1751006, determined that a Claimant’s change in economic condition was not sufficiently related to the Claimant’s prior work...
The Nebraska Supreme Court in Zwiener v. Becton Dickinson-East Ruled Against an Employer Who Wrongfully Believed that an Employee Waives Temporary Total Disability Benefits when the Employee Moves on from a Job that Could Have Accommodated Medical Restrictions.
Last month, in Zwiener v. Becton Dickinson-East, 285 Neb. 735 (2013), the Nebraska Supreme Court reasoned that it would undermine the beneficent purposes of the Nebraska Workers’ Compensation Act to...