POTENTIAL SEA CHANGE IN WHAT CONSTITUTES NOTICE OF AN INJURY “AS SOON AS PRACTICABLE” IN NEBRASKA

by Baylor Evnen, LLP | Dec 23, 2019 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, the Nebraska Court of Appeals affirmed a trial court’s finding that an employee did not give notice to his employer ‘as soon as practicable’ in Bauer v. Genesis Healthcare Group. The employee was hurt on September 15, 2017, and informed his employer on October 23, 2017. This represented a delay of just over 30 […]

THIRD PARTY CLAIMS ADJUSTERS ARE NOT SUBJECT TO BAD FAITH CLAIMS

by Baylor Evnen, LLP | Nov 6, 2019 | IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Under Iowa law a claimant can bring a claim for bad faith denial of coverage for their work place related injury in Iowa District Court, depending on the outcome, this can subject defendants to significant monetary awards. In May of 2019, Iowa’s Supreme Court came out with a ruling in De Dios v. Indemnity Insurance […]

IOWA WORKERS’ COMPENSATION REFRESHER: CARDIOVASCULAR INJURIES

by Baylor Evnen, LLP | Oct 17, 2019 | IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that employment was both the medical and legal cause of the injury. Riley v. Oscar Mayer Foods Corp., 532 N.W.2d 489 (Iowa Ct. App. 1995). Legal […]

IOWA WORKERS’ COMPENSATION REFRESHER: INDEPENDENT CONTRACTORS

by Baylor Evnen, LLP | Oct 7, 2019 | IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Independent Contractors are not generally entitled to coverage under the Act.  Nonetheless, like self-employed persons, independent contractors can make a formal election to come under the provisions of the Act. IOWA CODE §85.61(11). In order to determine whether or not an employer-employee relationship exists, five important factors must be considered: (1) the right of selection, […]

CHANGES TO NEBRASKA LAW REGARDING DEBT COLLECTION DURING WORKERS’ COMPENSATION ACTION

by Baylor Evnen, LLP | Aug 28, 2019 | NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Changes to Nebraska Workers Compensation Act come into effect on September 1, 2019. In the last session, the Nebraska Legislature adopted Nebraska Revised Statute § 48-148.02 governing debt collection and workers’ compensation. This bill was supported by the Nebraska Association of Trial Attorneys. The new law prevents collection by any “provider of services, supplier of […]

CHANGE IN PRESIDING JUDGE OF NEBRASKA WORKERS’ COMPENSATION COURT

by Baylor Evnen, LLP | Jul 15, 2019 | NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, the Nebraska Workers’ Compensation Court judges elected Judge Daniel Fridrich to be the Presiding Judge of the Nebraska Workers’ Compensation Court. Judge Fridrich’s term runs from July 1, 2019 through June 30, 2021. Although the Nebraska Workers’ Compensation Court is composed of seven judges appointed by the Governor, every two years one of the […]