VOLUNTEER FIREFIGHTER BENEFIT RATE UPDATE

We received several questions recently about the firm benefit rate applicable to the volunteer firefighters who sustain injuries in the course of and arising out of their volunteer capacity as a firefighter. Specifically, there have been questions about the current applicable 140% of the statewide average weekly wage benefit rate which applies to volunteer firefighters […]

MAXIMUM BENEFIT RATE FOR 2024 RAISED TO $1,094.00

On January 1, 2024, the maximum weekly indemnity benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,094.00. This amount will apply to work-related injuries and illnesses occurring on or after January 1, 2024. The new figure, $1,094.00, represents one hundred percent of the state-wide average weekly wage (rounded to the nearest dollar) as […]

WORKERS’ COMPENSATION ATTORNEYS SPONSOR & ATTEND THE NEBRASKA WORKERS’ COMPENSATION SYMPOSIUM

Baylor Evnen was proud to sponsor the Nebraska Workers’ Compensation Symposium that occurred on October 26 & 27 at the Embassy Suites in Lincoln. This event was hosted by the Workers’ Compensation Association of Nebraska. This event provides continued education and networking for those in the workers’ compensation field. Speakers/moderators at the Symposium included attorneys […]

TRIAL COURT AWARDS PERMANENT TOTAL DISABILITY BASED ON LOSS OF EARNING CAPACITY FOR TWO SCHEDULED MEMBER INJURIES TO ONE EXTREMITY

For the first time following the Nebraska Supreme Court decision in Espinoza v. Job Source, USA, a trial court has awarded benefits based on loss of earning capacity to an employee with injuries to two scheduled members on one extremity under Neb. Rev. Stat. § 48-121(3). In February 2023, the Nebraska Supreme Court held that […]

COURT OF APPEALS AFFIRMS DISMISSAL OF CLAIM FOR INADEQUATE NOTICE

The Nebraska Court of Appeals, in Prince v. Walmart Assocs., No. A-23-044 (Neb. Ct. App. Sep. 26, 2023), affirmed a Workers’ Compensation Court decision to dismiss a claim on the basis that, in reporting the injury two months late, the employee failed to provide timely notice of the injury to her employer. The employee alleged […]

ISSUE PRECLUSION DOES NOT BAR CLAIMS FOR PERMANENT INJURY IN REVIEW-REOPENING PROCEEDINGS IN IOWA

In Green v. North Central Iowa Regional Solid Waste Authority, the Iowa Supreme Court affirmed that the principle of issue preclusion does not bar a worker’s claim for permanent injury in a review-reopening proceeding. Section 86.14(2) permits the Iowa Workers’ Compensation Commissioner to “reopen an award for payments or agreement for settlement … [to inquire] […]
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