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...
IOWA SUPREME COURT DEFINES WHAT A SHOULDER IS UNDER SECTION 85.34(2)(n).
On April 1, 2022, the Iowa Supreme Court handed down two opinions that significantly impact how shoulder injuries will be treated in Iowa for years to come. These are the much anticipated opinions in Chavez v. MS Technologies, LLC and Deng v. Farmland Foods, Inc. The...
STATUS OF LEGISLATION IMPACTING WORKERS’ COMPENSATION IN NEBRASKA
This session the Legislature’s time has been consumed by a number of significant issues, including the ARPA funding proposal, “transformative” tax relief, extensive debate on a prison reform and overcrowding, and making adjustments to its biennium budget. When not...
COVID-19 UPDATE: THE EEOC ISSUES NEW CAREGIVER DISCRIMINATION GUIDANCE
On March 14, 2022, the EEOC published new guidance applying existing federal discrimination law (ADA, Title IV, ADEA, GINA, etc.) principles involving caregivers to situations related to the pandemic. While the guidance does not have the force of law, it provides...
COVID-19: CHANGES TO THE WAY HEARINGS ARE HELD IN IOWA AND CONTINUED POSTPONEMENT OF IN-PERSON HEARINGS UNTIL OCTOBER 28, 2022
On March 11, 2022, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from April 30, 2022, through October 28, 2022. This is the same order that has been in effect in Iowa since March 16, 2020, but this...