NEBRASKA SUPREME COURT HOLDS MULTIPLE INJURIES ALONG A SINGLE EXTREMITY ARE A LOSS TO “MORE THAN ONE MEMBER” UNDER § 48-121(3)

by Baylor Evnen, LLP | Feb 20, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Paulina Espinoza v. Job Source, USA, Espinoza injured her right wrist and right elbow after falling at work. She alleged that, because she suffered a “loss or loss of use of more than one member or parts of more than one member,” the Workers’ Compensation Court should consider awarding her benefits based on her […]

2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE

by Baylor Evnen, LLP | Feb 14, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Visit the most recent legislative update here.   Each year, Baylor Evnen Wolfe & Tannehill, LLP is actively involved in proposing and supporting workers’ compensation legislation that favorably impacts our clients, as well as opposing legislation that is unfavorable to our clients.  We hope that you find the following update helpful in assessing the legislative […]

NEW GUIDANCE SUGGESTS THAT NO EMPLOYEE SIGNATURE IS REQUIRED ON DOCUMENT USED TO SUPPORT MISREPRESENTATION DEFENSE

by Baylor Evnen, LLP | Feb 10, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Rulla v. YRTC Kearney Pay Home, a plaintiff employee sought partial summary judgment to prevent the defendant employer from asserting the misrepresentation affirmative defense under Section 48-148.01. The employee argued that the employer lacked evidence of a written acknowledgment that the employee misrepresented his ability to perform the job’s essential functions. Section 48-148.01(1) states […]

NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,029.00

by Baylor Evnen, LLP | Nov 16, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

For work-related injuries and illnesses that occur on or after January 1, 2023, the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,029.00. The Nebraska Workers’ Compensation Court announced the change on November 16, 2022. The new rate equates to 100 percent of the state-wide average weekly wage, rounded […]

MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS

by Baylor Evnen, LLP | Sep 23, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska Fair Employment and Practice Act (hereinafter NFEPA). In Dutcher, the employee worked for the […]

NEBRASKA WORKERS’ COMPENSATION COURT REITERATES NOTICE RULES

by Baylor Evnen, LLP | Jun 22, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Settje v. Walmart Associates, Inc., the Nebraska Workers’ Compensation Court provided guidance as to when an employer has sufficient notice of a potentially compensable injury. Pursuant to Section 48-133, an employee is required to give notice of their injury to their employer within a practicable time. The plaintiff argued that he complained generally about […]