SF 507 PASSED BY IOWA HOUSE

by Baylor Evnen, LLP | Apr 11, 2019 | IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On April 9, 2019 the Iowa House passed bill SF 507; the bill was previously passed by the Iowa Senate. The bill modifies Iowa Code 85.61(7) to add a new section (c) which provides that personal injuries due to idiopathic or unexplained falls from level surface onto the same level surface do not arise out […]

NEBRASKA GENERAL CONTRACTORS SHOULD TAKE ALL NECESSARY STEPS TO ENSURE THAT SUBCONTRACTORS HAVE VALID WC POLICIES BEFORE PROCEEDING TO WORK WITH THE SAME

by Baylor Evnen, LLP | Apr 3, 2019 | NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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

by Baylor Evnen, LLP | Mar 13, 2019 | NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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.

by Baylor Evnen, LLP | Feb 14, 2019 | NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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 […]

Additional Deputy Commissioner Appointed to Iowa Workers’ Compensation Commission

by Baylor Evnen, LLP | Feb 8, 2019 | IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, Iowa Workers’ Compensation Commissioner Joseph Cortese has appointed attorney Michael Lunn to be a deputy commissioner. Michael Lunn graduated from Drake Law School and worked with a workers’ compensation insurance defense firm prior to taking this position. He will be beginning on February 18, 2019 at the Division of Workers’ Compensation. Baylor Evnen congratulates […]

New Iowa Workers’ Compensation Deputy Commissioner Joining Workers’ Compensation Commission

by Baylor Evnen, LLP | Jan 31, 2019 | IOWA WORKERS' COMPENSATION, Uncategorized, WORKERS’ COMPENSATION

Recently, attorney Ben Humphrey has been retained by the Iowa Workers’ Compensation Commissioner Cortese as a new deputy workers’ compensation commissioner. Deputy Humphrey will be filling a vacancy that has been left open since 2017 when Deputies Walshire and McElderry retired. We welcome Deputy Humphrey to the Iowa Workers’ Compensation Commission. For questions regarding Iowa […]