COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL OCTOBER 29, 2021

On June 28, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from July 24, 2021 to October 29, 2021. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the order, all in-person hearings scheduled to take place between […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to resolve all issues other than future medical where […]

IOWA COURT OF APPEALS CLARIFIES “ODD-LOT DOCTRINE”

The Court of Appeals of Iowa recently affirmed a decision from the Commission about an employee who argued she was entitled to permanent total disability from a work related injury. In Drahozal v. American Airlines, the employee argued that she fell under the Odd-Lot Doctrine, but the court found this not to be true, because […]

OSHA ISSUES UPDATED COVID-19 WORKPLACE GUIDANCE

Today, OSHA provided much-anticipated COVID-19 guidance for multiple workplace environments that will help employers create policies and procedures as they continue to operate and/or reopen their businesses and offices.  OSHA provided guidance specific to three settings:  (1) an emergency temporary standard for healthcare settings; (2) guidance for employers outside the healthcare setting; and (3) additional […]

OSHA REVERSES COURSE ON RECORDING ADVERSE VACCINE REACTIONS

On April 20, 2021, OSHA provided guidance stating that if an employer requires a vaccination as a condition of employment, the employer must record an employee’s adverse reaction to the vaccination in their OSHA 300 workplace illness logs if the employee’s reaction is “a new case” and results in: (a) an absence from work of […]

IOWA GUIDANCE ON TEMPORARY TOTAL DISABILITY AND THE GEOGRAPHIC AREA OF A LABOR MARKET

In Annett Holdings, Inc. v. Roberts, the Court of Appeals of Iowa affirmed a decision from the Commission on two issues: (1) When does a period of temporary total disability benefits end; and (2) when determining an employee’s access to labor, what are the limits of the geographic area? On November 15, 2010, while the […]
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