STATUS OF LEGISLATION IMPACTING WORKERS’ COMPENSATION IN NEBRASKA

by Baylor Evnen, LLP | Apr 4, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

This session the Legislature’s time has been consumed by a number of significant issues, including the ARPA funding proposal, “transformative” tax relief, extensive debate on a prison reform and overcrowding, and making adjustments to its biennium budget. When not addressing those topics, it methodically moved through a series of priority of bills at the General […]

COVID-19 UPDATE: THE EEOC ISSUES NEW CAREGIVER DISCRIMINATION GUIDANCE

by Baylor Evnen, LLP | Mar 17, 2022 | BLOG, EMPLOYMENT

On March 14, 2022, the EEOC published new guidance applying existing federal discrimination law (ADA, Title IV, ADEA, GINA, etc.) principles involving caregivers to situations related to the pandemic.  While the guidance does not have the force of law, it provides insight as to how federal and state agencies (which often follow EEOC guidance) may […]

COVID-19: CHANGES TO THE WAY HEARINGS ARE HELD IN IOWA AND CONTINUED POSTPONEMENT OF IN-PERSON HEARINGS UNTIL OCTOBER 28, 2022

by Baylor Evnen, LLP | Mar 16, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On March 11, 2022, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from April 30, 2022, through October 28, 2022. This is the same order that has been in effect in Iowa since March 16, 2020, but this order changes the way virtual hearing are held. Unlike the prior […]

IOWA WORKERS’ COMPENSATION COMMISSIONER RESOLVES SPLIT OF DEPUTIES ON PROPER INDEMNITY OWED FOR PERMANENT IMPAIRMENT TO SHOULDER INJURIES

by Baylor Evnen, LLP | Mar 10, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Workers’ Compensation Commissioner recently decided an appeal in Carmer v. Nordstrom, Inc. that resolved a split of deputy commissioners as to how to compensate an employee who sustains bilateral shoulder injuries from a single accident. Our blog post for the lower deputy commissioner’s decision in this case can be found here. In Carmer, […]

NEBRASKA COURT OF APPEALS PROVIDES FURTHER GUIDANCE ON EMPLOYEE / INDEPENDENT CONTRACTOR DETERMINATION

by Baylor Evnen, LLP | Mar 2, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Court of Appeals recently decided a case that provides guidance as to when a worker is considered an employee or an independent contractor. In Cajiao v. Arga Transport, the plaintiff was injured in a motor vehicle accident that occurred while he was driving a semi-tractor trailer leased by Arga. The plaintiff filed a […]

NEBRASKA EMPLOYER VACCINE MANDATE EXEMPTION LAW

by Baylor Evnen, LLP | Mar 1, 2022 | BLOG, EMPLOYMENT

On February 28, 2022, Governor Pete Ricketts signed LB906 into law, with an effective date of today, March 1, 2022. The new law obligates employers who require applicants or employees to be vaccinated against COVID-19 to allow for an exemption to the vaccination requirement. An employer must provide an exemption if: (1) the applicant or […]