CHAVEZ v. MS TECHNOLOGY, LLC: THE CONTINUED EVOLUTION IN THE DEFINITION OF WHAT A ‘SHOULDER’ IS UNDER SECTION 85.34(2)(n)
On September 30, 2020, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese, II, issued another opinion further clarifying the definition of a ‘shoulder’ in Iowa. Chavez v. MS Technology, LLC. was issued on the heels of a prior recent opinion from the...
SIGNIFICANT INTERPRETATION BY IOWA WORKERS’ COMPENSATION COMMISSIONER REGARDING THE SHOULDER AS A SCHEDULED MEMBER VS. THE BODY AS A WHOLE
On September 29, 2020, the Commissioner of the Iowa Workers’ Compensation Division, Joseph Cortese, II, issued an Appeal Decision in Mary Deng v. Farmland Foods, Inc. This Decision addressed the definition of a shoulder as a scheduled member injury. On July 1, 2017...
FIREFIGHTERS SENT TO FIGHT FIRES OUT OF STATE ARE LIKELY COVERED UNDER IOWA’S WORKERS’ COMPENSATION ACT
Recently, the wild fires on the west coast have gotten so out of control, smoke from the fires can be seen in the sky over most of the Midwest, including Iowa. As a result, some municipalities and other state organizations, have elected to send their firefighters to...
MEET OUR 2020 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 and the Diverse Attorney Pipeline Program (DAPP), Baylor Evnen strives to support and assist in the...
2020 NEBRASKA LEGISLATURE’S FINAL ACTIONS AFFECTING WORKERS COMPENSATION
The Nebraska Legislature concluded its most recent session with the passage of several bills, including LB 963, the First Responders’ Mental Injuries Bill under the Nebraska Workers’ Compensation Act. The bill was passed in recognition of the perceived unique...
COVID-19: IOWA COMMISSIONER, JOSEPH CORTESE, POSTPONES IN-PERSON HEARINGS UNTIL NOVEMBER 20, 2020
On August 14, 2020, Iowa Workers’ Compensation Commissioner, Joseph Cortese, extended the postponement of in-person hearings by the commission from September 15, 2020, to November 20, 2020. This order was not unexpected, but it has some far reaching and important...
RETURN TO WORK MUST BE WITH THE SAME EMPLOYER FOR SECTION 85.34(2)(v) TO APPLY
On July 30, 2020, the Commissioner of the Iowa Workers’ Compensation Division, Joseph Cortese, II, announced a new interpretation of the law in Martinez v. Pavlich, Inc. In Martinez v. Pavlich, the employee did not return to work with his former employer after a work...
COVID-19 UPDATE: TELEMEDICINE VISITS COUNT AS VISITS FOR FMLA THROUGH END OF YEAR
Pursuant to an update to the DOL’s Q&A regarding COVID and the FMLA, telemedicine visits will be deemed to be in-person visits and electronic signatures will amount to signatures for purposes of establishing a serious health condition under the FMLA so long as: the...
UPDATED FMLA FORMS: DEPARTMENT OF LABOR ISSUES NEW FMLA FORMS
The U.S. Department of Labor recently issued revised its FMLA certification forms to make them easier to understand for employers, providers, and employees. Find the updated forms here. Christopher M. Schmidt Kate Q. Martz Susan M. Foster Torrey J. Gerdes Baylor...
BAYLOR EVNEN’S EFFORTS BEFORE NEBRASKA SUPREME COURT RESULTS IN VICTORY FOR ALL NEBRASKA EMPLOYERS
On behalf of various clients and Nebraskans for Workers’ Compensation Equity and Fairness (“NWCEF”), Baylor Evnen prepared and filed an amicus brief, or “friend of the court” brief, in the Nebraska Supreme Court, in a case involving an issue of great importance to...