NEW CASE LAW IN IOWA REGARDING COMPROMISE SETTLEMENT AGREEMENTS ABSENT THE SECOND INJURY FUND
In Kingsbury v. Second Injury Fund, the employee settled with the employer via a compromise agreement without concurrently settling with the Second Injury Fund. As a result, the Deputy found that the settlement with the employer, absent the Second Injury Fund, made it...
IOWA COURT OF APPEALS AFFIRMS SURVIVOR BENEFITS, RULING OVERDOSE WAS ACCIDENTAL, NOT INTENTIONAL
The Iowa Court of Appeals recently upheld an Agency decision to award survivor benefits to the widower of a claimant who died from a prescription drug overdose. The employer had appealed, arguing that the overdose was a suicide, which would bar survivor benefits under...
A WEEK OF CONNECTION, COMMUNITY, AND COMPASSION IN WORKERS’ COMPENSATION
A WEEK OF CONNECTION, COMMUNITY, AND COMPASSION IN WORKERS' COMPENSATION Our Workers' Compensation team just wrapped up an exciting week filled with events, outreach, and a little bit of pampering! Here’s a quick recap of all that we were able to be a part of as we...
IMPLICATIONS OF MEDICAL MARIJUANA INITIATIVE 437 ON NEBRASKA’S WORKERS’ COMPENSATION SYSTEM
On the ballot for the November 5, 2024 election is Initiative 437, a measure aimed at legalizing medical marijuana in Nebraska. This initiative, if passed, would create a legal framework for the medical use of cannabis. While the focus of Initiative 437 is on...
LEGAL STANDARD FOR MEDICAL CAUSATION AFFIRMED
In Prinz v. Omaha Operation LLC, the Supreme Court of Nebraska affirmed a workers’ compensation award where the legal sufficiency of the medical opinions was the issue. The employee claimed that she suffered pulmonary injuries (asthma) as a result of donning an N95...
NAVIGATING THE “COMING AND GOING” RULE IN IOWA WORKERS’ COMPENSATION
In Iowa, the "coming and going" rule traditionally holds that injuries sustained by employees while traveling to and from work are not compensable under workers' compensation. This rule is grounded in the principle that the commute to and from the workplace is not...
NAVIGATING THE “COMING AND GOING” RULE IN NEBRASKA WORKERS’ COMPENSATION
Under Nebraska workers' compensation law, the traditional "coming and going" rule holds that injuries sustained by employees while traveling to and from work are generally not compensable. This rule is based on the idea that the commute itself is not considered to...
KIDS’ CHANCE OF NEBRASKA: EMPOWERING FUTURES THROUGH EDUCATION
Kids' Chance of Nebraska (KCNE) is a non-profit organization dedicated to providing scholarships to the children of workers who have been seriously or fatally injured on the job. Their mission is to ensure that kids affected by these life-altering tragedies have the...
BAYLOR EVNEN WOLFE & TANNEHILL, LLP: PROUD SUPPORTER OF THE WORKERS’ COMPENSATION ASSOCIATION OF NEBRASKA (WCAN)
Baylor Evnen Wolfe & Tannehill, LLP is delighted to announce our continued support for the Workers' Compensation Association of Nebraska (WCAN). WCAN is dedicated to advancing the practice of workers' compensation law, providing valuable resources, education, and...
IOWA WORKERS’ COMPENSATION RATE INCREASES EFFECTIVE JULY 1, 2024
Effective July 1, 2024, the Iowa Workers’ Compensation Statewide Average Weekly Wage (SAWW) will rise to $1,137.20. The minimum and maximum weekly workers’ compensation rates are calculated using the SAWW. This is an increase from the previous year’s rate of...