NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,029.00

For work-related injuries and illnesses that occur on or after January 1, 2023, the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,029.00. The Nebraska Workers’ Compensation Court announced the change on November 16, 2022. The new rate equates to 100 percent of the state-wide average weekly wage, rounded […]

EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)

In Ocampo v. New Fashion Pork, LLP, an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee’s permanent disability should be determined through a refiling proceeding. In Ocampo, the employee returned to work for the employer, but was subsequently discharged before his workers’ compensation hearing. He then obtained new employment at a lower […]

MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS

The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska Fair Employment and Practice Act (hereinafter NFEPA). In Dutcher, the employee worked for the […]

NEBRASKA WORKERS’ COMPENSATION COURT REITERATES NOTICE RULES

In Settje v. Walmart Associates, Inc., the Nebraska Workers’ Compensation Court provided guidance as to when an employer has sufficient notice of a potentially compensable injury. Pursuant to Section 48-133, an employee is required to give notice of their injury to their employer within a practicable time. The plaintiff argued that he complained generally about […]

SCHOOL EMPLOYEES AND THEIR AVERAGE WEEKLY WAGE FOR TEMPORARY DISABILITY BENEFIT PURPOSES

In Simpson v. Lincoln Public Schools, the Nebraska Court of Appeals provided guidance for how to calculate an employee’s average weekly wage when the employee is an hourly wage earner who only works 9 months out of the year, during the school year. While permanent disability benefits in Nebraska are based on a 40 hour […]

NEBRASKA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES ON JULY 1, 2022

Effective July 1, 2022, the Nebraska Workers’ Compensation Mileage Reimbursement Rate will rise to 62.5 cents per mile for travel related to medical treatment or participation in an approved vocational rehabilitation plan. This rate has jumped from the previous increase on January 1, 2022, when the rate was increased from 56 cents per mile to […]
[/et_pb_section]