INTOXICATION DEFENSE DOES NOT REQUIRE PROCEDURES REQUIRED FOR SOME OTHER EMPLOYEE DRUG TESTS

by Baylor Evnen, LLP | Aug 31, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Davis v. Gordon Food Serv., Inc., the Iowa District Court in Polk County affirmed the Workers’ Compensation Commissioner’s ruling that evidence to support the intoxication defense under Section 85.16 does not need to be obtained in accordance with the rules and procedures under Section 730.5(7).  See Iowa Code § 85.16; see also Iowa Code […]

NEW IOWA STATUTE GIVES MEDICAID “SUPERLIEN” STATUS

by Baylor Evnen, LLP | Aug 30, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

A new Iowa statute went into effect on July 1, 2023, granting recovery rights to Iowa Medicaid that are similar to those of Medicare.  See Iowa Code § 249A.54 (2023).  Many refer to this recovery priority status as a “superlien.”  This new superlien statute provokes questions regarding how to address Medicaid liens in claim settlements. […]

TOP FIVE BENEFITS OF ESTATE PLANNING

by Baylor Evnen, LLP | Aug 15, 2023 | BLOG, TRUSTS & ESTATES

Having an estate plan is incredibly important, and not just for the ultra-wealthy or elderly. Every adult should consider creating an estate plan, as it can provide peace of mind for the unknown future. In fact, there are several benefits to having an estate plan. Consider these five reasons as to why estate planning is […]

WHAT MAKES A WINNING ESTATE PLAN?

by Baylor Evnen, LLP | Jul 14, 2023 | BLOG, TRUSTS & ESTATES

Having an estate plan is important. Although it can seem complicated, an insight into the basics can make estate planning easy to understand, and highlight the significance of having a plan in place for yourself and your loved ones. Who While the concept of estate planning can appear to be geared toward either the elderly […]

NEWLY-ELECTED NEBRASKA WORKERS’ COMPENSATION COURT PRESIDING JUDGE

by Baylor Evnen, LLP | Jul 14, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On June 23, 2023, Judge Dirk V. Block was elected presiding judge of the Nebraska Workers’ Compensation Court for a term beginning July 1, 2023, and ending June 30, 2025. The election was approved by the Nebraska Supreme Court on June 29, 2023. Pursuant to Section 48-155 of the Nebraska Revised Statutes, the presiding judge […]

DIVISION REJECTS COVID-19 BENEFITS FOR ESSENTIAL WORKER

by Baylor Evnen, LLP | Jul 7, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Collins v. Des Moines Area Regional Transit Authority, the Workers’ Compensation Commissioner determined that an essential worker’s claim for benefits arising out of the contraction of COVID-19 and ensuing complications was not compensable based on a lack of convincing evidence.  The claimant worked at a customer service booth and regularly handled cash from bus […]