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...
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MEET OUR CLERKSMEET OUR 2026 LAW CLERKSAt Baylor Evnen Wolfe & Tannehill, LLP, we take immense pride in nurturing the next generation of legal professionals. As the largest law firm fully located in Lincoln, Nebraska, with a legacy dating back to 1896, our...
IOWA SUPREME COURT PROVIDES GUIDANCE ON SETTLING WORKERS’ COMPENSATION CLAIMS WHEN A SECOND INJURY FUND CLAIM IS INVOLVED
One of the most challenging aspects of managing a claim in which the employee is also alleging a Second Injury Fund claim is achieving a full and final settlement. Recently, the Iowa Supreme Court handed down a decision in Kingsbury v. Second Injury Fund, which has...
WORKERS’ COMPENSATION FIRST REPORT OF INJURY BILL PASSES PROVIDING PROTECTION FOR INJURED WORKERS
Recently, the Nebraska Legislature passed LB 455, introduced by Senator Bob Hallstrom (Syracuse) on Friday. In a change from past practice, LB 455 requires the Workers' Compensation Court to withhold workers' compensation first reports of injury from disclosure to the...
NAVIGATING INJURIES CAUSED BY HORSEPLAY IN THE WORKPLACE IN NEBRASKA
In Nebraska, a claimant must prove that an injury arose out of and occurred in the course of employment. When the injury is caused by horseplay, this may remove the injury from compensability because horseplay is a deviation from an employee’s typical work duties. The...
2026 IOWA LEGISLATIVE UPDATE
H.F. 450 (Senate companion bill listed as S.F. 454) - A bill relating to the standards for determination of loss or permanent impairment for purposes of PPD, including applicability provisions. Explanation: Under the current structure, determinations of the extent of...
NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,166.00
The Nebraska Workers’ Compensation Court has announced that the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $1,166.00 for work-related injuries and illnesses occurring on or after January 1, 2026. The previous maximum...