LEGISLATIVE UPDATE: COVID-19 REBUTTABLE PRESUMPTIONS IN IOWA

During the 2021 Iowa Legislative Session, legislators introduced two bills to amend the COVID-19 Response and Back-to-Business Limited Liability Act (“the Act”). The Act currently limits liability for businesses in civil actions arising from COVID-19 exposure but does not impact workers’ compensation claims. If passed, proposed bills HF 121 and SF 138 would provide employee-friendly […]

NEBRASKA COURT OF APPEALS DETERMINES AT-HOME INJURY WAS AGGRAVATED BY WORK RELATED INJURY

Recently, in Bunz v. A.C. Lightning Prot. Co., Inc., the Nebraska Court of Appeals addressed the difference between an aggravation and an independent intervening cause in an unpublished opinion. While the opinion is unpublished, meaning that it cannot be cited as authoritative, it provides a strong analysis of the differences between these two types of […]

GENERAL CONTRACTOR NOT LIABLE UNDER SECTION 48-116 FOR SUBCONTRACTOR’S WORK RELATED INJURY

Recently, the Court of Appeals of Nebraska was faced with compensability issues relative to multiple contractors.  Typically, under 48-116, Nebraska will hold a general contractor liable for workers’ compensation benefits for an injured worker of the subcontractor if the subcontractor failed to obtain workers’ compensation insurance. However, in Wright v. H & S Contracting, the […]

NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical Examiners. Others are more significant. Probably one of the most significant changes […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL OCTOBER 29, 2021

On June 28, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from July 24, 2021 to October 29, 2021. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the order, all in-person hearings scheduled to take place between […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to resolve all issues other than future medical where […]
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