MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS
The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska...
ONLY PREPARATION COSTS OF REPORT ARE REIMBURSABLE WHEN 85.39 IME DATED SAME DATE AS EMPLOYER’S IME
In Swanson v. Pella Corp., an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee-requested independent medical examination (IME) is reimbursable when both the employee’s and employer’s IMEs are dated the same date. Section 85.39 of...
REPLACEMENT RECLINERS IN IOWA ARE DEEMED APPLIANCES
Evilsizor v. Northern Ag Services, Inc. provides an example of how an employee did not meet his burden of proof when petitioning for alternate care. Section 85.27(4) of the Iowa Code provides that an employer has the right to choose a provider of care to treat the...
COMMISSIONER ORDERS ALL HEARINGS TO TAKE PLACE VIRTUALLY IN PERPETUITY
On August 11, 2022, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese II, issued an administrative order making all hearings virtual for the foreseeable future. Beginning October 29, 2022, all currently-scheduled hearings in contested cases before the...
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...