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, 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...
IOWA COURT OF APPEALS DETERMINES THAT SKIN INJURIES INVOLVING MULTIPLE SCHEDULED MEMBERS DO NOT ENTITLE CLAIMANTS TO AN ASSESSMENT OF INDUSTRIAL DISABILITY IN LAGUERRE V. JBS USA HOLDINGS, INC.
Recently, the Iowa Court of Appeals rejected a claimant’s argument that skin injuries to multiple scheduled members should be measured on an industrial basis. Essentially, in 2017, changes were made to ICA 85.34(2), which details scheduled members. The theory is that...
CELEBRATING COLLABORATION, LEARNING, AND GIVING BACK IN NEBRASKA WORKERS’ COMPENSATION
At the end of October, our Workers’ Compensation team had the privilege of participating in a full slate of events centered on professional growth, connection, and community impact. From educational sessions to charitable giving, it was a memorable few days...
IOWA SUPREME COURT: FUNCTIONAL IMPAIRMENT APPLIES DESPITE EMPLOYEE RESIGNATION
The Iowa Supreme Court has clarified an issue in workers’ compensation law: if an injured worker returns to work with the same employer and earns the same or greater wages than before their injury—and then subsequently resigns—their compensation is limited to...
Professional Spotlight: Mikayla Hoffmann Featured in May/June NSBA Magazine
We are delighted to announce that our attorney, Mikayla L. Hoffmann, is featured on page 54 of the current Nebraska State Bar Association Magazine (May/June 2025 issue). The Q&A not only highlights Mikayla's recent achievements but also provides insight into her...
NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE – 2025 SESSION RECAP
The first session of the 109th Legislature recently adjourned. There were a number of bills introduced that dealt with the workers' compensation system in Nebraska. LB 313, introduced by Senator Ibach (Sumner), dealt with subrogation and would modify the current...