EFFECTIVE JANUARY 1, 2021, THE NEBRASKA MAXIMUM WEEKLY INCOME BENEFIT WILL BE $914.00
On January 1, 2021, the maximum weekly income benefit rate under the Nebraska Workers’ Compensation Act will increase to $914.00. This amount will apply to work-related injuries and illnesses occurring on or after January 1, 2021. The new figure, $914.00, represents...
IMPACT OF EXECUTIVE ORDER 13950 ON CONTRACTOR DIVERSITY TRAINING
On September 22, 2020, President Trump issued Executive Order 13950, Combating Race and Sex Stereotyping. The EO aims to “promote unity in the Federal workplace, and combat offensive and anti-American race and sex stereotyping and scapegoating.” The EO covers federal...
NEBRASKA EMPLOYEE VOTING AND ELECTION WORKER LEAVE RIGHTS
With Election Day just around the corner, it is important to understand a Nebraska employee’s right to take leave to vote or serve as an election officer. This election year may prove to be an interesting one for employees who vote in person on Election Day. Long...
COVID-19 UPDATE: DOL’S FFCRA REVISED REGULATIONS SIGNIFICANTLY IMPACT HEALTH CARE PROVIDER EXCLUSION
On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations related to the Families First Coronavirus Response Act (FFCRA) after a federal court decision invalidated several initial regulatory provisions. The new regulations were posted in the...
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...