IA MEDICAL INSURANCE OPT-OUT PAYMENTS TO BE INCLUDED IN AVERAGE WEEKLY WAGE CALCULATION
In Markley v. J. Rettenmaier USA LP, the Iowa Workers’ Compensation Commissioner affirmed a Deputy Commissioner’s determination that employer-provided medical insurance opt-out payments should be included in an injured employee’s average weekly wage calculation....
IOWA DEPUTY COMMISSIONER PROVIDES GUIDANCE ON COMPENSABILITY WHEN AN EMPLOYEE IS INJURED WHILE VIOLATING EMPLOYER’S POLICIES
Goede v. US Xpress, Inc. provides an example on how an injured employee could still receive workers’ compensation benefits even though the employee’s injury resulted from violations of the employer’s company policies. In some circumstances, an employee may be barred...
NEW GUIDANCE IN IOWA INCLUDES FREQUENT “ZERO” WEEKLY EARNINGS IN AVERAGE WEEKLY WAGE CALCULATION
In Lutz v. Consolidated Refrigerated Services, an Iowa Deputy Workers’ Compensation Commissioner provided guidance on how to calculate an employee’s average weekly wage when that employee frequently submits pay logs with “zero” weekly earnings due to an irregular pay...
AN IOWA DEPUTY WORKERS’ COMPENSATION COMMISSIONER INTERPRETS A SHOULDER REPLACEMENT SURGERY AS A BODY AS A WHOLE INJURY
In Bolinger v. Trillium, an Iowa Deputy Workers’ Compensation Commissioner provided guidance as to whether a reverse shoulder replacement surgery is considered an injury to the shoulder or if it extends to the body as a whole. The claimant in Bolinger argued that her...
NEBRASKA WORKERS’ COMPENSATION COURT REITERATES NOTICE RULES
In Settje v. Walmart Associates, Inc., the Nebraska Workers’ Compensation Court provided guidance as to when an employer has sufficient notice of a potentially compensable injury. Pursuant to Section 48-133, an employee is required to give notice of their injury to...
SCHOOL EMPLOYEES AND THEIR AVERAGE WEEKLY WAGE FOR TEMPORARY DISABILITY BENEFIT PURPOSES
In Simpson v. Lincoln Public Schools, the Nebraska Court of Appeals provided guidance for how to calculate an employee’s average weekly wage when the employee is an hourly wage earner who only works 9 months out of the year, during the school year. While permanent...
MEET OUR 2022 LAW CLERKS
MEET OUR CLERKSEach year, Baylor Evnen has the pleasure of working with intelligent, proactive, and talented law students. Through our internal clerkship program, Baylor Evnen strives to support and assist in the development of law students as they begin their...
IOWA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES ON JULY 1, 2022
Effective July 1, 2022, the Iowa Workers’ Compensation Mileage Reimbursement Rate will rise to 62.5 cents per mile for travel related to medical treatment or participation in an approved vocational rehabilitation plan. The new rate is the first increase since July 1,...
NEW IOWA WORKERS COMPENSATION DISABILITY BENEFIT RATE BOOK
The Iowa Division of Workers’ Compensation recently released the 2022-2023 rate book spreadsheet for disability benefits. The rate book is a table of disability compensation rates by income and tax status of the employee issued each year by the Division of Workers’...
NEBRASKA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES ON JULY 1, 2022
Effective July 1, 2022, the Nebraska Workers’ Compensation Mileage Reimbursement Rate will rise to 62.5 cents per mile for travel related to medical treatment or participation in an approved vocational rehabilitation plan. This rate has jumped from the previous...