NEBRASKA SUPREME COURT QUESTIONS WHETHER COVID-19 IS AN ORDINARY DISEASE OF LIFE

by Baylor Evnen, LLP | Apr 26, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In the recent decision Thiele v. Select Medical Corp., the Nebraska Supreme Court addressed the narrow issue whether COVID-19 is an “ordinary disease of life to which the general public is exposed,” pursuant to the Nebraska Workers’ Compensation Act. The employee was a “nurse liaison” at a hospital in March and April of 2020, and […]

BRYNNE HOLSTEN PUHL APPOINTED TO NEBRASKA WORKERS’ COMPENSATION COURT

by Baylor Evnen, LLP | Apr 25, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On April 25, 2024, Governor Jim Pillen announced the appointment of Brynne Holsten Puhl of Lincoln to Nebraska’s Workers’ Compensation Court. The vacancy on the Court was due to the retirement of Judge James R. Coe. The Nebraska Workers’ Compensation Court is composed of six judges who are initially appointed by the governor and who […]

BEWT LEADS SUCCESSFUL LEGISLATIVE EFFORT TO PROTECT EMPLOYERS FROM UNINTENDED CLAIMS

by Baylor Evnen, LLP | Apr 12, 2024 | BLOG, FIRM NEWS, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Yesterday the Nebraska Unicameral gave final approval of a legislative bill which will protect employers and insurers from claims for significant benefits that were never intended to exist. Drafted by Dallas Jones and Eric Sutton for Nebraskans for Workers’ Compensation Equity and Fairness (NWCEF), LB1017 legislatively reverses the holding of the 2023 Nebraska Supreme Court […]

SUPREME COURT RULES ON SOVEREIGN IMMUNITY UNDER PSTCA

by Baylor Evnen, LLP | Apr 12, 2024 | BLOG, FIRM NEWS, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Simpson v. Lincoln Public Schools, a former LPS employee sued the District for wrongful discharge alleging that she was terminated because she filed a Workers’ Compensation claim. On appeal, the Nebraska Supreme Court offered a detailed analysis that, among other things, found that sovereign immunity under The Political Subdivision Tort Claims Act (PSTCA) shields […]

NEW RULES FOR MEDICAL FEE SCHEDULES AND LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

by Baylor Evnen, LLP | Feb 2, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, on December 28, 2023, the Nebraska Workers’ Compensation Court adopted amendments to Rules 5, 13, 14, 15, 26, 47, and Addendum 2. By January 24, 2024, all of these changes took effect. The amendments to Rules 5, 13, 14, and 15 included minor updates regarding interpreters, fax filings, exhibits, and records checked out. However, […]

NEBRASKA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES ON JANUARY 1, 2024

by Baylor Evnen, LLP | Jan 5, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Effective January 1, 2024, the Nebraska Workers’ Compensation Mileage Reimbursement Rate will rise to 67 cents per mile for travel related to medical treatment or participation in an approved vocational rehabilitation plan.  The Nebraska Workers’ Compensation Court made this announcement on January 4, 2024, with a retroactive effective date of January 1, 2024. This rate […]