UPDATED AS OF APRIL 7 | 2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE
Visit the most recent legislative update here. Each year, Baylor Evnen Wolfe & Tannehill, LLP actively monitors and reports regarding workers’ compensation legislation that impacts our clients. Since our initial legislative update, the Nebraska Legislature’s...
RECAP ON PROPOSED CHANGES TO IOWA WORKERS’ COMPENSATION LAWS DURING THE 89TH AND 90TH GENERAL ASSEMBLIES
Each year, Baylor Evnen Wolfe & Tannehill, LLP actively monitors and reports regarding workers’ compensation legislation that impacts our clients. With the 89th General Assembly now closed, we want to provide our clients with a recap of the workers’ compensation...
SHOULDER INJURIES DO NOT TRIGGER SECOND INJURY FUND LIABILITY IN IOWA
In West v. Second Injury Fund of Iowa, the Iowa Workers’ Compensation Commissioner affirmed that a shoulder injury does not trigger Second Injury Fund liability under Section 85.64. Section 85.64 of the Iowa Code provides that three requirements must be met in order...
NEBRASKA SUPREME COURT HOLDS MULTIPLE INJURIES ALONG A SINGLE EXTREMITY ARE A LOSS TO “MORE THAN ONE MEMBER” UNDER § 48-121(3)
In Paulina Espinoza v. Job Source, USA, Espinoza injured her right wrist and right elbow after falling at work. She alleged that, because she suffered a “loss or loss of use of more than one member or parts of more than one member,” the Workers’ Compensation Court...
2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE
Visit the most recent legislative update here. Each year, Baylor Evnen Wolfe & Tannehill, LLP is actively involved in proposing and supporting workers’ compensation legislation that favorably impacts our clients, as well as opposing legislation that is...
NEW GUIDANCE SUGGESTS THAT NO EMPLOYEE SIGNATURE IS REQUIRED ON DOCUMENT USED TO SUPPORT MISREPRESENTATION DEFENSE
In Rulla v. YRTC Kearney Pay Home, a plaintiff employee sought partial summary judgment to prevent the defendant employer from asserting the misrepresentation affirmative defense under Section 48-148.01. The employee argued that the employer lacked evidence of a...
TOM SHIRES ELECTED NEW VP OF KIDS’ CHANCE OF NEBRASKA
This week, Tom Shires was elected to be the next vice president of the Kids’ Chance of Nebraska’s Board of Directors. Tom Shires is a partner at Baylor Evnen Wolfe & Tannehill and specializes in workers’ compensation. He handles workers’ compensation matters in...
Baylor Evnen, LLP and Wolfe Snowden Hurd Ahl Sitzmann Tannehill & Hahn, LLP Announce Merger
Baylor Evnen, LLP and Wolfe Snowden Hurd Ahl Sitzmann Tannehill & Hahn, LLP Announce Merger New firm, Baylor Evnen Wolfe & Tannehill, LLP, is now the largest law firm fully located in Lincoln, Nebraska LINCOLN, NEBRASKA– January 09, 2023 Law firms Baylor...
NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,029.00
For work-related injuries and illnesses that occur on or after January 1, 2023, the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,029.00. The Nebraska Workers’ Compensation Court announced the change on November 16,...
EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)
In Ocampo v. New Fashion Pork, LLP, an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee’s permanent disability should be determined through a refiling proceeding. In Ocampo, the employee returned to work for the employer, but was...