POTENTIAL SEA CHANGE IN WHAT CONSTITUTES NOTICE OF AN INJURY “AS SOON AS PRACTICABLE” IN NEBRASKA

Recently, the Nebraska Court of Appeals affirmed a trial court’s finding that an employee did not give notice to his employer ‘as soon as practicable’ in Bauer v. Genesis Healthcare Group. The employee was hurt on September 15, 2017, and informed his employer on October 23, 2017. This represented a delay of just over 30 […]

CHANGES TO NEBRASKA LAW REGARDING DEBT COLLECTION DURING WORKERS’ COMPENSATION ACTION

Changes to Nebraska Workers Compensation Act come into effect on September 1, 2019. In the last session, the Nebraska Legislature adopted Nebraska Revised Statute § 48-148.02 governing debt collection and workers’ compensation. This bill was supported by the Nebraska Association of Trial Attorneys. The new law prevents collection by any “provider of services, supplier of […]

CHANGE IN PRESIDING JUDGE OF NEBRASKA WORKERS’ COMPENSATION COURT

Recently, the Nebraska Workers’ Compensation Court judges elected Judge Daniel Fridrich to be the Presiding Judge of the Nebraska Workers’ Compensation Court. Judge Fridrich’s term runs from July 1, 2019 through June 30, 2021. Although the Nebraska Workers’ Compensation Court is composed of seven judges appointed by the Governor, every two years one of the […]

WHAT TO DO WITH THE EMPLOYEE WHO REFUSES TO COMPLY WITH MEDICAL RECOMMENDATIONS?

Often times, our office will get calls from claims handlers inquiring what their options are when they have an employee/Plaintiff with an accepted work injury who refuses to undergo the care being recommended by the authorized physicians. Nebraska Revised Statutes §48-120(2)(c) and 48-162.01 allow a judge to suspend, reduce or limit compensation or benefits an […]

NEBRASKA GENERAL CONTRACTORS SHOULD TAKE ALL NECESSARY STEPS TO ENSURE THAT SUBCONTRACTORS HAVE VALID WC POLICIES BEFORE PROCEEDING TO WORK WITH THE SAME

The Nebraska Supreme Court recently reminded general contractors of the obligation it has over subcontractor employees. Appealing an award of the Nebraska Workers’ Compensation Court,  the defendant in Martinez v. CMR Construction & Roofing of Texas, 302 Neb. 618 (Mar 22, 2019) alleged it was not a statutory employer under Neb. Rev. Stat. § 48-116 […]

BAYLOR EVNEN ATTORNEY PAUL BARTA TESTIFIES BEFORE NEBRASKA LEGISLATURE REGARDING PENDING WORKERS’ COMPENSATION BILLS

Recently, Baylor Evnen attorney Paul Barta testified on LB 526 before the Business and Labor Committee at the Nebraska Unicameral. LB 526 is a bill introduced largely by the Plaintiff’s bar with the intention of increasing the amount of temporary total disability benefits that a Plaintiff may receive. Paul Barta, on behalf of Nebraskans for […]
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