IA MEDICAL INSURANCE OPT-OUT PAYMENTS TO BE INCLUDED IN AVERAGE WEEKLY WAGE CALCULATION

In Markley v. J. Rettenmaier USA LP, the Iowa Workers’ Compensation Commissioner affirmed a Deputy Commissioner’s determination that employer-provided medical insurance opt-out payments should be included in an injured employee’s average weekly wage calculation. Section 85.36 of the Iowa Code provides that the basis of compensation for an employee’s injury is the employee’s weekly earnings […]

IOWA DEPUTY COMMISSIONER PROVIDES GUIDANCE ON COMPENSABILITY WHEN AN EMPLOYEE IS INJURED WHILE VIOLATING EMPLOYER’S POLICIES

Goede v. US Xpress, Inc. provides an example on how an injured employee could still receive workers’ compensation benefits even though the employee’s injury resulted from violations of the employer’s company policies. In some circumstances, an employee may be barred by statute from receiving workers compensation benefits if the employee’s injuries arose out of a […]

NEW GUIDANCE IN IOWA INCLUDES FREQUENT “ZERO” WEEKLY EARNINGS IN AVERAGE WEEKLY WAGE CALCULATION

In Lutz v. Consolidated Refrigerated Services, an Iowa Deputy Workers’ Compensation Commissioner provided guidance on how to calculate an employee’s average weekly wage when that employee frequently submits pay logs with “zero” weekly earnings due to an irregular pay schedule. Section 85.36 of the Iowa Code provides that the basis of compensation for an employee’s […]

AN IOWA DEPUTY WORKERS’ COMPENSATION COMMISSIONER INTERPRETS A SHOULDER REPLACEMENT SURGERY AS A BODY AS A WHOLE INJURY

In Bolinger v. Trillium, an Iowa Deputy Workers’ Compensation Commissioner provided guidance as to whether a reverse shoulder replacement surgery is considered an injury to the shoulder or if it extends to the body as a whole. The claimant in Bolinger argued that her reverse shoulder replacement surgery should be treated as a body as […]

NEBRASKA WORKERS’ COMPENSATION COURT REITERATES NOTICE RULES

In Settje v. Walmart Associates, Inc., the Nebraska Workers’ Compensation Court provided guidance as to when an employer has sufficient notice of a potentially compensable injury. Pursuant to Section 48-133, an employee is required to give notice of their injury to their employer within a practicable time. The plaintiff argued that he complained generally about […]

SCHOOL EMPLOYEES AND THEIR AVERAGE WEEKLY WAGE FOR TEMPORARY DISABILITY BENEFIT PURPOSES

In Simpson v. Lincoln Public Schools, the Nebraska Court of Appeals provided guidance for how to calculate an employee’s average weekly wage when the employee is an hourly wage earner who only works 9 months out of the year, during the school year. While permanent disability benefits in Nebraska are based on a 40 hour […]
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