BEWT LEADS SUCCESSFUL LEGISLATIVE EFFORT TO PROTECT EMPLOYERS FROM UNINTENDED CLAIMS

Yesterday the Nebraska Unicameral gave final approval of a legislative bill which will protect employers and insurers from claims for significant benefits that were never intended to exist. Drafted by Dallas Jones and Eric Sutton for Nebraskans for Workers’ Compensation Equity and Fairness (NWCEF), LB1017 legislatively reverses the holding of the 2023 Nebraska Supreme Court […]

SUPREME COURT RULES ON SOVEREIGN IMMUNITY UNDER PSTCA

In Simpson v. Lincoln Public Schools, a former LPS employee sued the District for wrongful discharge alleging that she was terminated because she filed a Workers’ Compensation claim. On appeal, the Nebraska Supreme Court offered a detailed analysis that, among other things, found that sovereign immunity under The Political Subdivision Tort Claims Act (PSTCA) shields […]

MAJOR CHANGES IN IOWA FOR HOW MULTIPLE SCHEDULED MEMBER INJURIES ARE COMPENSATED

On March 29, 2024, Iowa’s Supreme Court handed down an opinion in Anderson v. Bridgestone Americas, Inc. The seminal issue in the case had to do with how to compensate an employee who sustained both an arm and shoulder injury. Under the July 1, 2017 changes to the Iowa Workers’ Compensation Act, a shoulder is […]

MAKENZIE FALCON HAS BEEN APPOINTED TO THE AMERICAN LEGION AUXILIARY NATIONAL COMMITTEE

Makenzie Falcon has been appointed as the 2024-2025 American Legion Auxiliary National Committee Girls Nation Chair (Northwestern Division). The American Legion Auxiliary is one of the nation’s largest veterans support organizations and consists of spouses, grandmothers, mothers, sisters, and descendants of American Legion members. ALA Girls Nation is a weeklong event in Washington D.C. for […]

RECENT IOWA APPELLATE CASELAW IMPACTING WC STATUTE OF LIMITATIONS AND NOTICE DEFENSE

The Iowa Supreme Court recently decided Tweeten v. Tweeten, No. 22-2081 (December 22, 2023) and Tyler v. Tyson Fresh Meats, Inc., No. 23-0393 (February 7, 2024), cases with significant impact on application of the statute of limitations under Iowa Code section 85.26 and the notice provision of section 85.23. The Claimant in Tweeten worked for […]

IOWA SUPREME COURT INTERPRETS IME REIMBURSEMENT FEES UNDER SECTION 85.39(2)

In Mid American Construction, LLC v. Sandlin, the Iowa Supreme Court held that under Section 85.39(2), an employee is entitled to the reasonable cost of an entire examination accompanying a physician’s determination of the employee’s impairment rating, not just the component cost of the impairment rating itself. Additionally, the Court held that agency factfinding must […]
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