THE TEACHER EXCEPTION FOR CALCULATING AVERAGE WEEKLY WAGE IN IOWA

Although sometimes overlooked, calculating the average weekly wage of an employee can involve a complex process. One of the most common exceptions to the general rules for calculating an average weekly wage is for teachers or para-educators who defer a portion of their salary over the summer. In Iowa, the statute dictates that employers pay […]

NAVIGATING THE COMPENSABILITY OF INJURIES THAT OCCUR AT SOCIAL OR RECREATIONAL EVENTS

In Nebraska, injuries that occur during an employer-sponsored recreational or social event are potentially compensable even though they are not part of an employee’s typical work duties. Whether or not these activities are “in the course of” employment is the key issue for determining whether an injury is compensable. In the case of Shade v. […]

NEBRASKA COURT OF APPEALS ADDRESSES THE FACTUAL BASIS FOR CLAIM DENIAL

In Perez Yax v. Packers Sanitation Servs., the Nebraska Court of Appeals addressed what type of evidence may create a reasonable basis for the denial of workers’ compensation benefits and what actions may be considered “willful negligence.”  The opinion was not selected for permanent publication, and thus is not binding precedent for other Nebraska courts, […]

NAVIGATING INJURIES CAUSED BY HORSEPLAY IN THE WORKPLACE IN IOWA

Under Iowa law, for a workplace injury to be compensable it must both “arise out of” and be “in the course of” employment. Horseplay in the workplace is an activity that may or may not be a deviation from work, and thus not “in the course of” employment for determining if an injury is compensable. […]

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. […]
[/et_pb_section]