LEGISLATIVE UPDATE: COVID-19 REBUTTABLE PRESUMPTIONS IN IOWA
During the 2021 Iowa Legislative Session, legislators introduced two bills to amend the COVID-19 Response and Back-to-Business Limited Liability Act (“the Act”). The Act currently limits liability for businesses in civil actions arising from COVID-19 exposure but does...
NEBRASKA COURT OF APPEALS DETERMINES AT-HOME INJURY WAS AGGRAVATED BY WORK RELATED INJURY
Recently, in Bunz v. A.C. Lightning Prot. Co., Inc., the Nebraska Court of Appeals addressed the difference between an aggravation and an independent intervening cause in an unpublished opinion. While the opinion is unpublished, meaning that it cannot be cited as...
ATTORNEY CHRIS SCHMIDT JOINS RADIO SHOW GROW LINCOLN
Baylor Evnen and Grow Lincoln work to do the same thing: to promote and help our great local businesses. Attorney Chris Schmidt was on the show recently to discuss that shared interest and common legal issues companies face. Click here to hear about the services...
GENERAL CONTRACTOR NOT LIABLE UNDER SECTION 48-116 FOR SUBCONTRACTOR’S WORK RELATED INJURY
Recently, the Court of Appeals of Nebraska was faced with compensability issues relative to multiple contractors. Typically, under 48-116, Nebraska will hold a general contractor liable for workers’ compensation benefits for an injured worker of the subcontractor if...
NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA
On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical...
COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL OCTOBER 29, 2021
On June 28, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from July 24, 2021 to October 29, 2021. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to...
IOWA COURT OF APPEALS CLARIFIES “ODD-LOT DOCTRINE”
The Court of Appeals of Iowa recently affirmed a decision from the Commission about an employee who argued she was entitled to permanent total disability from a work related injury. In Drahozal v. American Airlines, the employee argued that she fell under the Odd-Lot...
OSHA ISSUES UPDATED COVID-19 WORKPLACE GUIDANCE
Today, OSHA provided much-anticipated COVID-19 guidance for multiple workplace environments that will help employers create policies and procedures as they continue to operate and/or reopen their businesses and offices. OSHA provided guidance specific to three...
OSHA REVERSES COURSE ON RECORDING ADVERSE VACCINE REACTIONS
On April 20, 2021, OSHA provided guidance stating that if an employer requires a vaccination as a condition of employment, the employer must record an employee’s adverse reaction to the vaccination in their OSHA 300 workplace illness logs if the employee’s reaction is...