HOW DO YOU KNOW IF AN EMPLOYEE IS EARNING THE SAME OR GREATER WAGES UNDER SECTION 85.34(2)(V) TO PRECLUDE ASSESSMENT OF INDUSTRIAL DISABILITY?

by Baylor Evnen, LLP | Sep 24, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Section 85.34(2)(v) can be used to limit an employee’s permanent disability indemnity recovery for a body as a whole injury to just the amount of functional loss sustained by the injury (as opposed to assessment based on industrial disability which is typically higher); as outlined in the AMA Guidelines 5th Edition.  However, for this provision […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL January 28, 2022

by Baylor Evnen, LLP | Sep 17, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On September 15, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from October 29, 2021 to January 28, 2022. 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 […]

NEBRASKA SUPREME COURT SET TO DECIDE IF AN EMPLOYER MUST BUILD AN ACCESSIBLE HOME FOR AN INJURED EMPLOYEE

by Baylor Evnen, LLP | Aug 5, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Supreme Court recently considered whether an employer can be ordered to pay for the costs of constructing a custom-built accessible home for an employee. In Lewis v. MBC Construction Co., the employee was injured in the course of his employment and had his left leg amputated. After the injury, the employee asked his […]

LEGISLATIVE UPDATE: COVID-19 REBUTTABLE PRESUMPTIONS IN IOWA

by Baylor Evnen, LLP | Jul 22, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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 THAT UNRELATED INCIDENT AT HOME WAS COMPENSABLE AS AN EXACERBATION OF A PRIOR WORK INJURY

by Baylor Evnen, LLP | Jul 14, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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

by Baylor Evnen, LLP | Jul 6, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

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 […]