A Refresher: Common Defenses to a Workers’ Compensation Claim
There are a number of statutory affirmative defenses available to an employer upon the filing of a workers’ compensation claim. The employer has the burden of proof to establish such defenses. Cedar...
Deputy Commissioner Michelle McGovern Named Acting Workers’ Compensation Commissioner
Governor Terry Branstad announced on September 8, 2014 that Deputy Commissioner Michelle McGovern will serve as acting Workers’ Compensation Commissioner effective immediately. In early August, former...
Nebraska Court of Appeals Reexamines “Residual Impairment Test”
The Nebraska Court of Appeals’ ruling in Burnett v. Tyson Fresh Meats, 21 Neb. App. 910, 845 N.W.2d 297 (2014), serves as a helpful reminder of the significance of the “residual impairment test.” The...
Misrepresentation on Application for Employment Not a Valid Defense
Until late 2011, a misrepresentation on an application for employment was a viable defense to disqualify an employee from receiving workers’ compensation benefits if: (1) the employee knowingly and...