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 […]

Nebraska Court of Appeals Addresses Evidentiary Standards for Approving Average Weekly Wage in Bortolotti v Universal Terrazzo and Tile Co.

Recently the Nebraska Workers’ Compensation Court addressed what evidence is necessary for a Plaintiff to prove applicable average weekly wages for an owner operator of a business. In Bortolotti, the Plaintiff was an owner/operator and employee of the employer – a tile company. At the trial level Plaintiff testified that he did not receive a […]

Nebraska Supreme Court Addresses “Nonresident Employers” Jurisdictional Question in Hassan v. Trident Seafoods, 302 Neb. 44 (2019)

Recently, in the case of Hassan v. Trident Seafoods, the Nebraska Supreme Court affirmed dismissal of an injured employee’s petition on the basis that the Nebraska Workers’ Compensation Court had no jurisdiction over the “nonresident” employer who did not “perform work” in Nebraska. In Nebraska, employers subject to the Nebraska’ Workers’ Compensation Act under § […]

2019 Changes in Nebraska Mileage Reimbursement Rate and Amendments to Nebraska Workers’ Compensation Court Rules including Fee Schedule

Recently, the Nebraska Workers’ Compensation Court adopted new mileage reimbursement rates.  Effective January 1, 2019 the mileage rate will become $.58 per mile to travel to seek medical treatment or while participating in a vocational rehabilitation plan. Further, the Nebraska Workers’ Compensation Court recently adopted various rule changes.  These rule changes affect fee schedules, information […]

Iowa Supreme Court Rules on Idiopathic Falls

On November 16, 2018, the Iowa Supreme Court rendered a decision regarding idiopathic falls onto level floors. In Bluml v. Dee Jay’s Inc. d/b/a Long John Silvers and Commerce & Industry Ins. Co., the Iowa Supreme Court reversed the decision of the Commissioner who had denied claimant’s petition for benefits. In this matter, the claimant […]
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