2020 NEBRASKA WORKERS’ COMPENSATION LEGISLATION
NEW BILL INTRODUCTIONS – HEARINGS Committee hearings began January 21st and will continue through the latter part of February. As discussed below, note that three workers’ compensation bills—LB 846, LB 926 and LB 963—will be heard by the Business and Labor Committee...
DEPUTY WORKERS’ COMPENSATION COMMISSIONER JOINED DEPARTMENT OF WORKERS’ COMPENSATION
Recently, with the resignation of former Deputy Commissioner Toby Gordon, the Iowa Workers’ Compensation Commissioner hired attorney Jessica Cleereman to fill the role. Deputy Cleereman graduated from law school in 2005 and since that time has spent significant time...
POTENTIAL SEA CHANGE IN WHAT CONSTITUTES NOTICE OF AN INJURY “AS SOON AS PRACTICABLE” IN NEBRASKA
Recently, the Nebraska Court of Appeals affirmed a trial court’s finding that an employee did not give notice to his employer ‘as soon as practicable’ in Bauer v. Genesis Healthcare Group. The employee was hurt on September 15, 2017, and informed his employer on...
THIRD PARTY CLAIMS ADJUSTERS ARE NOT SUBJECT TO BAD FAITH CLAIMS
Under Iowa law a claimant can bring a claim for bad faith denial of coverage for their work place related injury in Iowa District Court, depending on the outcome, this can subject defendants to significant monetary awards. In May of 2019, Iowa’s Supreme Court came out...
IOWA WORKERS’ COMPENSATION REFRESHER: CARDIOVASCULAR INJURIES
The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that employment was both the medical and legal cause of the...
NEW DOL OVERTIME RULE RAISES EXEMPT SALARY THRESHOLD TO $684/WEEK
The United States Department of Labor recently announced its new overtime rule for non-exempt (i.e., hourly) employees. The key takeaway from the highly anticipated announcement was the new salary threshold of $684 per week ($35,568 per year) that employees must earn...
IOWA WORKERS’ COMPENSATION REFRESHER: INDEPENDENT CONTRACTORS
Independent Contractors are not generally entitled to coverage under the Act. Nonetheless, like self-employed persons, independent contractors can make a formal election to come under the provisions of the Act. IOWA CODE §85.61(11). In order to determine whether or...
CHANGES TO NEBRASKA LAW REGARDING DEBT COLLECTION DURING WORKERS’ COMPENSATION ACTION
Changes to Nebraska Workers Compensation Act come into effect on September 1, 2019. In the last session, the Nebraska Legislature adopted Nebraska Revised Statute § 48-148.02 governing debt collection and workers’ compensation. This bill was supported by the Nebraska...
DOL: PARENTS CAN USE INTERMITTENT FMLA LEAVE TO ATTEND IEP MEETINGS
The DOL issued an opinion letter on August 8, 2019 stating that where a child has a serious health condition as defined under the FMLA and an Individualized Education Plan (IEP) associated with that condition, a parent can utilize intermittent FMLA leave to attend IEP...
DOL: TRUCK DRIVERS DO NOT NEED TO BE PAID FOR OFF-DUTY TIME IN SLEEPER BERTH
The Department of Labor’s (DOL) Wage and Hour Division issued new guidance on July 22, 2019 addressing whether employers have to pay truck drivers for time spent sleeping in a truck’s sleeper berth. The new guidance modifies previous guidance. Pursuant to FLSA...