IOWA SUPREME COURT PROVIDES GUIDANCE ON SETTLING WORKERS’ COMPENSATION CLAIMS WHEN A SECOND INJURY FUND CLAIM IS INVOLVED

One of the most challenging aspects of managing a claim in which the employee is also alleging a Second Injury Fund claim is achieving a full and final settlement. Recently, the Iowa Supreme Court handed down a decision in Kingsbury v. Second Injury Fund, which has the potential to make the process a lot easier. […]

WORKERS’ COMPENSATION FIRST REPORT OF INJURY BILL PASSES PROVIDING PROTECTION FOR INJURED WORKERS

Recently, the Nebraska Legislature passed LB 455, introduced by Senator Bob Hallstrom (Syracuse) on Friday. In a change from past practice, LB 455 requires the Workers’ Compensation Court to withhold workers’ compensation first reports of injury from disclosure to the public. An agreement was reached to advance the bill with an amendment to establish the […]

NAVIGATING INJURIES CAUSED BY HORSEPLAY IN THE WORKPLACE

In Nebraska, a claimant must prove that an injury arose out of and occurred in the course of employment. When the injury is caused by horseplay, this may remove the injury from compensability because horseplay is a deviation from an employee’s typical work duties. The determining factor in this situation is how far of a […]

2026 IOWA LEGISLATIVE UPDATE

H.F. 450 (Senate companion bill listed as S.F. 454) – A bill relating to the standards for determination of loss or permanent impairment for purposes of PPD, including applicability provisions. Explanation: Under the current structure, determinations of the extent of loss or percentage of permanent impairment for purposes of PPD use the AMA guides. This […]

NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,166.00

The Nebraska Workers’ Compensation Court has announced that the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $1,166.00 for work-related injuries and illnesses occurring on or after January 1, 2026. The previous maximum rate of $1,130.00 is still applicable to injuries and illnesses that occurred on or between January 1, […]

IOWA COURT OF APPEALS DETERMINES THAT SKIN INJURIES INVOLVING MULTIPLE SCHEDULED MEMBERS DO NOT ENTITLE CLAIMANTS TO AN ASSESSMENT OF INDUSTRIAL DISABILITY IN LAGUERRE V. JBS USA HOLDINGS, INC.

Recently, the Iowa Court of Appeals rejected a claimant’s argument that skin injuries to multiple scheduled members should be measured on an industrial basis. Essentially, in 2017, changes were made to ICA 85.34(2), which details scheduled members.  The theory is that any anatomy not specifically listed as a scheduled member results in the same being […]
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