CORONAVIRUS RESOURCES
During this period of rapidly-evolving information, it is important for businesses, organizations, and employers to stay up to date. Baylor Evnen will continue to provide updates on changing legislation, regulations, administrative guidance, and governmental mandates...
ARPA UPDATE: DOL ISSUES COBRA FORM NOTICES AND GUIDANCE
The American Rescue Plan Act of 2021 (ARPA), provided premium assistance and an extended election period under COBRA and similar state laws for assistance eligible individuals. Employers were required to provide certain notices to individuals regarding the premium...
EMPLOYEE OR INDEPENDENT CONTRACTOR? THE TEST THAT WILL DETERMINE LIABILITY FOR WORKERS’ COMPENSATION
Whether or not a worker is considered an employee or an independent contractor can determine liability for workers’ compensation benefits under the Nebraska Workers’ Compensation Act. The Supreme Court of Nebraska recently revisited the ten factor test to determine if...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
LB 256 As we reported last week, the Business and Labor Committee advanced LB 256 to General File on a 7-0 vote. Introduced by Senator Matt Hansen, LB 256 provides that a release may be used to finalize an agreement to resolve all issues other than future medical...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
As of the close of business on Friday, March 12, Committee hearings were completed. Priority bill designations will wrap up early this week when the Speaker of the legislature selects his 25 priority bills. We anticipate that the balance of the session will be...
2021 WORKERS’ COMPENSATION LEGISLATION
As of yesterday, every legislative bill addressing workers’ compensation has now been heard in committee. Every bill remains in committee and no action has been taken on them, except LB 407, which was advanced to General File on 2/11/21. See below for a summary of...
FACTORS FOR COMMUTATION OF COMPENSATION AWARDS REVISITED
The Iowa Court of Appeals recently affirmed a Commissioner’s ruling to grant an employee’s request to have his workers’ compensation benefits partially commuted in United Fire v. Hessenius. In Hessenius, the employer argued against commutation on the basis that the...
MEDICAL MARIJUANA AND WORKERS’ COMPENSATION
In recent years and months, Iowa has expanded the availability of medical marijuana and its derivative products within the State. Iowa Code §124E.26. Marijuana is still illegal in Iowa and the State still has very strict rules regarding how the substance can be used...
COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL JUNE 18, 2021
On February 2, 2021, the Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the Commission from March 19, 2021, to June 18, 2021. For those of our avid followers who are keeping track, this is the sixth continuation of...
2021 CHANGES IN NEBRASKA MILEAGE REIMBURSEMENT RATE AND WEEKLY INCOME BENEFIT RATES
Recently, the Nebraska Workers’ Compensation Court adopted new mileage reimbursement rates. Effective January 1, 2021 the mileage reimbursement rate will become $.56 per mile for travel to seek related medical treatment or while participating in a vocational...