EMPLOYEE OR INDEPENDENT CONTRACTOR? THE TEST THAT WILL DETERMINE LIABILITY FOR WORKERS’ COMPENSATION

by Baylor Evnen, LLP | Mar 22, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Whether or not a worker is considered an employee or an independent contractor can determine liability for workers’ compensation benefits under the Nebraska Workers’ Compensation Act. The Supreme Court of Nebraska recently revisited the ten factor test to determine if a worker was an employee or an independent contractor in Wright v. H & S […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

by Baylor Evnen, LLP | Mar 22, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

LB 256 As we reported last week, the Business and Labor Committee advanced LB 256 to General File on a 7-0 vote. Introduced by Senator Matt Hansen, LB 256 provides that a release may be used to finalize an agreement to resolve all issues other than future medical where the employee is eligible for Medicare, […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

by Baylor Evnen, LLP | Mar 15, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

As of the close of business on Friday, March 12, Committee hearings were completed.  Priority bill designations will wrap up early this week when the Speaker of the legislature selects his 25 priority bills. We anticipate that the balance of the session will be dominated by balancing the state budget and debating priority bills. Early […]

2021 WORKERS’ COMPENSATION LEGISLATION

by Baylor Evnen, LLP | Mar 2, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

As of yesterday, every legislative bill addressing workers’ compensation has now been heard in committee. Every bill remains in committee and no action has been taken on them, except LB 407, which was advanced to General File on 2/11/21. See below for a summary of each bill and a report on the testimony given at […]

FACTORS FOR COMMUTATION OF COMPENSATION AWARDS REVISITED

by Baylor Evnen, LLP | Feb 12, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Court of Appeals recently affirmed a Commissioner’s ruling to grant an employee’s request to have his workers’ compensation benefits partially commuted in United Fire v. Hessenius. In Hessenius, the employer argued against commutation on the basis that the employee failed to articulate how he planned to make up the lost revenue each week […]

MEDICAL MARIJUANA AND WORKERS’ COMPENSATION

by Baylor Evnen, LLP | Feb 5, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In recent years and months, Iowa has expanded the availability of medical marijuana and its derivative products within the State.  Iowa Code §124E.26. Marijuana is still illegal in Iowa and the State still has very strict rules regarding how the substance can be used for medical treatment. Regardless, the trend in the State has been […]