UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

by Baylor Evnen, LLP | Jun 16, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to resolve all issues other than future medical where […]

IOWA COURT OF APPEALS CLARIFIES “ODD-LOT DOCTRINE”

by Baylor Evnen, LLP | Jun 14, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Court of Appeals of Iowa recently affirmed a decision from the Commission about an employee who argued she was entitled to permanent total disability from a work related injury. In Drahozal v. American Airlines, the employee argued that she fell under the Odd-Lot Doctrine, but the court found this not to be true, because […]

IOWA GUIDANCE ON TEMPORARY TOTAL DISABILITY AND THE GEOGRAPHIC AREA OF A LABOR MARKET

by Baylor Evnen, LLP | May 25, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Annett Holdings, Inc. v. Roberts, the Court of Appeals of Iowa affirmed a decision from the Commission on two issues: (1) When does a period of temporary total disability benefits end; and (2) when determining an employee’s access to labor, what are the limits of the geographic area? On November 15, 2010, while the […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

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

Since the Legislature placed LB 256 and LB 407 on General File nearly two months ago, the body took no action on those bills until this past week. The Legislature gave first round approval to both bills and moved them to Select File on May 5th. On Wednesday the Legislature moved both bills to Final […]

AM I LIABLE: WHAT CONSTITUTES NOTICE FOR A WORKERS’ COMPENSATION CLAIM IN IOWA?

by Baylor Evnen, LLP | Apr 15, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Court of Appeals of Iowa recently affirmed a decision from the Commission that a report notifying the employer that an accident might have occurred, but did not specify that an employee had been hurt or injured, was sufficient notice in John Deere Davenport Works v. Dickerson. Under Section 85.23, notice of a work-related injury […]

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 Court of Appeals of Nebraska recently revisited the ten factor test to determine if a worker was an employee or an independent contractor in Wright v. H & […]