SHOULDER INJURIES DO NOT TRIGGER SECOND INJURY FUND LIABILITY IN IOWA

by Baylor Evnen, LLP | Mar 12, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In West v. Second Injury Fund of Iowa, the Iowa Workers’ Compensation Commissioner affirmed that a shoulder injury does not trigger Second Injury Fund liability under Section 85.64. Section 85.64 of the Iowa Code provides that three requirements must be met in order to trigger liability of the Fund. First, the employee must have lost […]

NEBRASKA SUPREME COURT HOLDS MULTIPLE INJURIES ALONG A SINGLE EXTREMITY ARE A LOSS TO “MORE THAN ONE MEMBER” UNDER § 48-121(3)

by Baylor Evnen, LLP | Feb 20, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Paulina Espinoza v. Job Source, USA, Espinoza injured her right wrist and right elbow after falling at work. She alleged that, because she suffered a “loss or loss of use of more than one member or parts of more than one member,” the Workers’ Compensation Court should consider awarding her benefits based on her […]

2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE

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

Visit the most recent legislative update here.   Each year, Baylor Evnen Wolfe & Tannehill, LLP is actively involved in proposing and supporting workers’ compensation legislation that favorably impacts our clients, as well as opposing legislation that is unfavorable to our clients.  We hope that you find the following update helpful in assessing the legislative […]

NEW GUIDANCE SUGGESTS THAT NO EMPLOYEE SIGNATURE IS REQUIRED ON DOCUMENT USED TO SUPPORT MISREPRESENTATION DEFENSE

by Baylor Evnen, LLP | Feb 10, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Rulla v. YRTC Kearney Pay Home, a plaintiff employee sought partial summary judgment to prevent the defendant employer from asserting the misrepresentation affirmative defense under Section 48-148.01. The employee argued that the employer lacked evidence of a written acknowledgment that the employee misrepresented his ability to perform the job’s essential functions. Section 48-148.01(1) states […]

TOM SHIRES ELECTED NEW VP OF KIDS’ CHANCE OF NEBRASKA

by Baylor Evnen, LLP | Jan 27, 2023 | BLOG, FIRM NEWS

This week, Tom Shires was elected to be the next vice president of the Kids’ Chance of Nebraska’s Board of Directors. Tom Shires is a partner at Baylor Evnen Wolfe & Tannehill and specializes in workers’ compensation. He handles workers’ compensation matters in Nebraska and Iowa for a broad range of clients, from local family-owned […]