IOWA SUPREME COURT ADDRESSES SHOULDER IMPAIRMENT IN KOELLER AND KLEIN

In Koeller v. Cardinal Logistics Management Corporation and Klein v. Whirlpool Corporation, the Iowa Supreme Court held that interpretation of the 5th Edition of the AMA Guides to the Evaluation of Permanent Impairment (“the Guides”) is a question of law for the courts. The Court determined that Table 16-27 controls the impairment rating for a […]

Baylor Evnen Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America

  Baylor Evnen is proud to announce that six attorneys have been recognized in the 2027 edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. Best Lawyers® is an elite global network of legal professionals recognized through trusted, peer-reviewed distinction. Only about 5% of lawyers in private practice the United […]

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  The opinion was not selected for permanent publication, and thus is not binding precedent for other Nebraska courts, […]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. […]
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