MAXIMUM BENEFIT RATE FOR 2024 RAISED TO $1,094.00

by Baylor Evnen, LLP | Nov 17, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On January 1, 2024, the maximum weekly indemnity benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,094.00. This amount will apply to work-related injuries and illnesses occurring on or after January 1, 2024. The new figure, $1,094.00, represents one hundred percent of the state-wide average weekly wage (rounded to the nearest dollar) as […]

WORKERS’ COMPENSATION ATTORNEYS SPONSOR & ATTEND THE NEBRASKA WORKERS’ COMPENSATION SYMPOSIUM

by Baylor Evnen, LLP | Nov 7, 2023 | NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Baylor Evnen was proud to sponsor the Nebraska Workers’ Compensation Symposium that occurred on October 26 & 27 at the Embassy Suites in Lincoln. This event was hosted by the Workers’ Compensation Association of Nebraska. This event provides continued education and networking for those in the workers’ compensation field. Speakers/moderators at the Symposium included attorneys […]

TRIAL COURT AWARDS PERMANENT TOTAL DISABILITY BASED ON LOSS OF EARNING CAPACITY FOR TWO SCHEDULED MEMBER INJURIES TO ONE EXTREMITY

by Baylor Evnen, LLP | Oct 31, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

For the first time following the Nebraska Supreme Court decision in Espinoza v. Job Source, USA, a trial court has awarded benefits based on loss of earning capacity to an employee with injuries to two scheduled members on one extremity under Neb. Rev. Stat. § 48-121(3). In February 2023, the Nebraska Supreme Court held that […]

COURT OF APPEALS AFFIRMS DISMISSAL OF CLAIM FOR INADEQUATE NOTICE

by Baylor Evnen, LLP | Oct 3, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Court of Appeals, in Prince v. Walmart Assocs., No. A-23-044 (Neb. Ct. App. Sep. 26, 2023), affirmed a Workers’ Compensation Court decision to dismiss a claim on the basis that, in reporting the injury two months late, the employee failed to provide timely notice of the injury to her employer. The employee alleged […]

ISSUE PRECLUSION DOES NOT BAR CLAIMS FOR PERMANENT INJURY IN REVIEW-REOPENING PROCEEDINGS IN IOWA

by Baylor Evnen, LLP | Sep 12, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Green v. North Central Iowa Regional Solid Waste Authority, the Iowa Supreme Court affirmed that the principle of issue preclusion does not bar a worker’s claim for permanent injury in a review-reopening proceeding. Section 86.14(2) permits the Iowa Workers’ Compensation Commissioner to “reopen an award for payments or agreement for settlement … [to inquire] […]

WAITING TO DISTINGUISH WORKPLACE INJURY FROM PRIOR PAIN MAY NOT AMOUNT TO UNTIMELY NOTICE

by Baylor Evnen, LLP | Sep 1, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Candia v. Orchard Park Assisted Living, the Nebraska Workers’ Compensation Court held that waiting 2-3 weeks to give notice was sufficient when that is how long it took for the employee to determine that the workplace incident was the cause of her pain as opposed to her pre-existing back problems. In Candia, an employee […]