GENERAL CONTRACTOR NOT LIABLE UNDER SECTION 48-116 FOR SUBCONTRACTOR’S WORK RELATED INJURY
Recently, the Court of Appeals of Nebraska was faced with compensability issues relative to multiple contractors. Typically, under 48-116, Nebraska will hold a general contractor liable for workers’ compensation benefits for an injured worker of the subcontractor if...
NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA
On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical...
COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL OCTOBER 29, 2021
On June 28, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from July 24, 2021 to October 29, 2021. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to...
IOWA COURT OF APPEALS CLARIFIES “ODD-LOT DOCTRINE”
The Court of Appeals of Iowa recently affirmed a decision from the Commission about an employee who argued she was entitled to permanent total disability from a work related injury. In Drahozal v. American Airlines, the employee argued that she fell under the Odd-Lot...
OSHA ISSUES UPDATED COVID-19 WORKPLACE GUIDANCE
Today, OSHA provided much-anticipated COVID-19 guidance for multiple workplace environments that will help employers create policies and procedures as they continue to operate and/or reopen their businesses and offices. OSHA provided guidance specific to three...
OSHA REVERSES COURSE ON RECORDING ADVERSE VACCINE REACTIONS
On April 20, 2021, OSHA provided guidance stating that if an employer requires a vaccination as a condition of employment, the employer must record an employee’s adverse reaction to the vaccination in their OSHA 300 workplace illness logs if the employee’s reaction is...
IOWA GUIDANCE ON TEMPORARY TOTAL DISABILITY AND THE GEOGRAPHIC AREA OF A LABOR MARKET
In Annett Holdings, Inc. v. Roberts, the Court of Appeals of Iowa affirmed a decision from the Commission on two issues: (1) When does a period of temporary total disability benefits end; and (2) when determining an employee’s access to labor, what are the limits of...
CDC GUIDANCE FOR FULLY VACCINATED INDIVIDUALS: CONSIDERATIONS FOR EMPLOYERS
The CDC updated its Interim Public Health Recommendations for Fully Vaccinated People in non-healthcare settings on May 13, 2021. The update relaxes guidance related to face coverings for fully vaccinated people in a number of circumstances. It states that fully...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
Since the Legislature placed LB 256 and LB 407 on General File nearly two months ago, the body took no action on those bills until this past week. The Legislature gave first round approval to both bills and moved them to Select File on May 5th. On Wednesday the...