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 […]

CLASSES OF EMPLOYEES EXCLUDED FROM IOWA WORKERS’ COMPENSATION BENEFITS

by Baylor Evnen, LLP | Jul 1, 2019 | IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Generally, most workers employed in the State of Iowa, and consequently their employers, are subject to the Iowa Workers’ Compensation Act. However, there are some employees which are statutorily defined as not being employees. For a strong rural state like Iowa, one of the most important classes to consider are those persons engaged in agricultural […]

WHAT TO DO WITH THE EMPLOYEE WHO REFUSES TO COMPLY WITH MEDICAL RECOMMENDATIONS?

by Baylor Evnen, LLP | Jul 1, 2019 | NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Often times, our office will get calls from claims handlers inquiring what their options are when they have an employee/Plaintiff with an accepted work injury who refuses to undergo the care being recommended by the authorized physicians. Nebraska Revised Statutes §48-120(2)(c) and 48-162.01 allow a judge to suspend, reduce or limit compensation or benefits an […]

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 […]