WAITING TO DISTINGUISH WORKPLACE INJURY FROM PRIOR PAIN MAY NOT AMOUNT TO UNTIMELY NOTICE
In Candia v. Orchard Park Assisted Living, the Nebraska Workers’ Compensation Court held that waiting 2-3 weeks to give notice was sufficient when that is how long it took for the employee to determine that the workplace incident was the cause of her pain as opposed...
INTOXICATION DEFENSE DOES NOT REQUIRE PROCEDURES REQUIRED FOR SOME OTHER EMPLOYEE DRUG TESTS
In Davis v. Gordon Food Serv., Inc., the Iowa District Court in Polk County affirmed the Workers’ Compensation Commissioner’s ruling that evidence to support the intoxication defense under Section 85.16 does not need to be obtained in accordance with the rules and...
NEW IOWA STATUTE GIVES MEDICAID “SUPERLIEN” STATUS
A new Iowa statute went into effect on July 1, 2023, granting recovery rights to Iowa Medicaid that are similar to those of Medicare. See Iowa Code § 249A.54 (2023). Many refer to this recovery priority status as a “superlien.” This new superlien statute provokes...
TOP FIVE BENEFITS OF ESTATE PLANNING
Having an estate plan is incredibly important, and not just for the ultra-wealthy or elderly. Every adult should consider creating an estate plan, as it can provide peace of mind for the unknown future. In fact, there are several benefits to having an estate plan....