MAXIMUM BENEFIT RATE FOR 2024 RAISED TO $1,094.00

On January 1, 2024, the maximum weekly indemnity benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,094.00. This amount will apply to work-related injuries and illnesses occurring on or after January 1, 2024. The new figure, $1,094.00, represents one hundred percent of the state-wide average weekly wage (rounded to the nearest dollar) as […]

TRIAL COURT AWARDS PERMANENT TOTAL DISABILITY BASED ON LOSS OF EARNING CAPACITY FOR TWO SCHEDULED MEMBER INJURIES TO ONE EXTREMITY

For the first time following the Nebraska Supreme Court decision in Espinoza v. Job Source, USA, a trial court has awarded benefits based on loss of earning capacity to an employee with injuries to two scheduled members on one extremity under Neb. Rev. Stat. § 48-121(3). In February 2023, the Nebraska Supreme Court held that […]

MICAH C. HAWKER BOEHNKE ELECTED NEW DISTRICT 1 REP. FOR NEBRASKA’S YOUNG LAWYERS SECTION

We are pleased to announce that Micah C. Hawker Boehnke, one of our young Associate Attorneys, has been elected to the Nebraska State Bar Association’s Young Lawyers Section. Micah, despite having a ridiculous last name, has enjoyed great success over his last four years at Baylor Evnen Wolfe & Tannehill, LLP. He graduated from the […]

WHO NEEDS AN ESTATE PLAN? (SPOILER ALERT: IT’S EVERYONE!)

The importance of having an estate plan cannot be understated. The common misconception that estate planning is just for the ultra-wealthy or elderly severely underestimates the value of having a plan in place to ensure individuals’ wishes are met upon their incapacitation or passing, regardless of income level or age. Estate planning accomplishes several different […]

COURT OF APPEALS AFFIRMS DISMISSAL OF CLAIM FOR INADEQUATE NOTICE

The Nebraska Court of Appeals, in Prince v. Walmart Assocs., No. A-23-044 (Neb. Ct. App. Sep. 26, 2023), affirmed a Workers’ Compensation Court decision to dismiss a claim on the basis that, in reporting the injury two months late, the employee failed to provide timely notice of the injury to her employer. The employee alleged […]

DEPARTMENT OF LABOR PUBLISHES PROPOSED OVERTIME RULE

On September 8, 2023, the Department of Labor (“DOL”) published a proposed rule that would increase salary thresholds under the Fair Labor Standards Act’s (“FLSA”) overtime pay and minimum wage requirements. Under the FLSA’s “white collar” exemption, an employee is exempt from overtime pay and minimum wage requirements if that employee: (1) performs certain exempt […]
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