A federal court has reinstated the pay-data collection and reporting requirements for federal revised EEO-1 form filings.  The requirements, instituted during the Obama administration, obligate businesses with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government to report pay data by […]

Nebraska Court of Appeals Addresses Evidentiary Standards for Approving Average Weekly Wage in Bortolotti v Universal Terrazzo and Tile Co.

Recently the Nebraska Workers’ Compensation Court addressed what evidence is necessary for a Plaintiff to prove applicable average weekly wages for an owner operator of a business. In Bortolotti, the Plaintiff was an owner/operator and employee of the employer – a tile company. At the trial level Plaintiff testified that he did not receive a […]

Additional Deputy Commissioner Appointed to Iowa Workers’ Compensation Commission

Recently, Iowa Workers’ Compensation Commissioner Joseph Cortese has appointed attorney Michael Lunn to be a deputy commissioner. Michael Lunn graduated from Drake Law School and worked with a workers’ compensation insurance defense firm prior to taking this position. He will be beginning on February 18, 2019 at the Division of Workers’ Compensation. Baylor Evnen congratulates […]

New Iowa Workers’ Compensation Deputy Commissioner Joining Workers’ Compensation Commission

Recently, attorney Ben Humphrey has been retained by the Iowa Workers’ Compensation Commissioner Cortese as a new deputy workers’ compensation commissioner. Deputy Humphrey will be filling a vacancy that has been left open since 2017 when Deputies Walshire and McElderry retired. We welcome Deputy Humphrey to the Iowa Workers’ Compensation Commission. For questions regarding Iowa […]

Nebraska Supreme Court Addresses “Nonresident Employers” Jurisdictional Question in Hassan v. Trident Seafoods, 302 Neb. 44 (2019)

Recently, in the case of Hassan v. Trident Seafoods, the Nebraska Supreme Court affirmed dismissal of an injured employee’s petition on the basis that the Nebraska Workers’ Compensation Court had no jurisdiction over the “nonresident” employer who did not “perform work” in Nebraska. In Nebraska, employers subject to the Nebraska’ Workers’ Compensation Act under § […]

2019 Changes in Nebraska Mileage Reimbursement Rate and Amendments to Nebraska Workers’ Compensation Court Rules including Fee Schedule

Recently, the Nebraska Workers’ Compensation Court adopted new mileage reimbursement rates.  Effective January 1, 2019 the mileage rate will become $.58 per mile to travel to seek medical treatment or while participating in a vocational rehabilitation plan. Further, the Nebraska Workers’ Compensation Court recently adopted various rule changes.  These rule changes affect fee schedules, information […]