LEGAL STANDARD FOR MEDICAL CAUSATION AFFIRMED

by Baylor Evnen, LLP | Oct 17, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Prinz v. Omaha Operation LLC, the Supreme Court of Nebraska affirmed a workers’ compensation award where the legal sufficiency of the medical opinions was the issue. The employee claimed that she suffered pulmonary injuries (asthma) as a result of donning an N95 mask which was required at work. Her expert wrote: “I think there […]

NAVIGATING THE “COMING AND GOING” RULE IN NEBRASKA WORKERS’ COMPENSATION

by Baylor Evnen, LLP | Sep 24, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Under Nebraska workers’ compensation law, the traditional “coming and going” rule holds that injuries sustained by employees while traveling to and from work are generally not compensable.  This rule is based on the idea that the commute itself is not considered to arise out of or to be in the course of employment.  Despite this […]

BAYLOR EVNEN WOLFE & TANNEHILL, LLP: PROUD SUPPORTER OF THE WORKERS’ COMPENSATION ASSOCIATION OF NEBRASKA (WCAN)

by Baylor Evnen, LLP | Aug 26, 2024 | BLOG, FIRM NEWS, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Baylor Evnen Wolfe & Tannehill, LLP is delighted to announce our continued support for the Workers’ Compensation Association of Nebraska (WCAN). WCAN is dedicated to advancing the practice of workers’ compensation law, providing valuable resources, education, and networking opportunities for professionals within the field. Our firm is proud to contribute to this mission through various […]

WORKERS’ COMPENSATION COURT DECISION PROVIDES GUIDANCE FOR FIRST RESPONDER PSYCHOLOGICAL INJURY CLAIMS

by Baylor Evnen, LLP | Jun 28, 2024 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The recent ruling by the Nebraska Workers’ Compensation Court in Gosch v. City of Papillion examined the extraordinary and unusual standard set forth in a statute governing psychological injury claims among first responders.  This marks the first time the court has addressed the issue since the statute’s implementation in 2010. In Nebraska, workers’ compensation claims […]

2024 NEBRASKA WORKERS’ COMPENSATION BURIAL BENEFIT INCREASE

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

When employees die as a result of a work-related injury, their family members may be entitled to death benefits, including burial expenses, under the Nebraska Workers’ Compensation Act. Effective July 1, 2024, the burial benefit under the Nebraska Workers’ Compensation Act will increase to $11,600.00. This reflects a 2.65% increase from the previous $11,300.00 benefit […]

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 […]