TRIAL COURT AWARDS PERMANENT TOTAL DISABILITY BASED ON LOSS OF EARNING CAPACITY FOR TWO SCHEDULED MEMBER INJURIES TO ONE EXTREMITY

by Baylor Evnen, LLP | Oct 31, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

For the first time following the Nebraska Supreme Court decision in Espinoza v. Job Source, USA, a trial court has awarded benefits based on loss of earning capacity to an employee with injuries to two scheduled members on one extremity under Neb. Rev. Stat. § 48-121(3). In February 2023, the Nebraska Supreme Court held that […]

COURT OF APPEALS AFFIRMS DISMISSAL OF CLAIM FOR INADEQUATE NOTICE

by Baylor Evnen, LLP | Oct 3, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Court of Appeals, in Prince v. Walmart Assocs., No. A-23-044 (Neb. Ct. App. Sep. 26, 2023), affirmed a Workers’ Compensation Court decision to dismiss a claim on the basis that, in reporting the injury two months late, the employee failed to provide timely notice of the injury to her employer. The employee alleged […]

WAITING TO DISTINGUISH WORKPLACE INJURY FROM PRIOR PAIN MAY NOT AMOUNT TO UNTIMELY NOTICE

by Baylor Evnen, LLP | Sep 1, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Candia v. Orchard Park Assisted Living, the Nebraska Workers’ Compensation Court held that waiting 2-3 weeks to give notice was sufficient when that is how long it took for the employee to determine that the workplace incident was the cause of her pain as opposed to her pre-existing back problems. In Candia, an employee […]

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 […]

NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

by Baylor Evnen, LLP | Jun 12, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

As a reminder, on December 29, 2022, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 63, and Addendum 2. These changes went into effect immediately. Certain changes, such as updates to the rule regarding Independent Medical Examiners, were minor. Other changes were more significant. One of the most significant changes affected Lump Sum […]

UPDATED AS OF JUNE 9 | 2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE

by Baylor Evnen, LLP | Jun 9, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Each year, Baylor Evnen Wolfe & Tannehill, LLP actively monitors and reports regarding workers’ compensation legislation that impacts our clients throughout the legislative session. Since our last Legislative Update, the 2023 Session concluded and was formally adjourned at 4:30pm on Thursday, June 1. While only 56 bills were sent to the Governor this session, amendments […]