2020 NEBRASKA WORKERS’ COMPENSATION LEGISLATION

NEW BILL INTRODUCTIONS – HEARINGS Committee hearings began January 21st and will continue through the latter part of February.  As discussed below, note that three workers’ compensation bills—LB 846, LB 926 and LB 963—will be heard by the Business and Labor Committee on Monday, January 27th. Floor debate on bills “carried over” from last session […]

DEPUTY WORKERS’ COMPENSATION COMMISSIONER JOINED DEPARTMENT OF WORKERS’ COMPENSATION

Recently, with the resignation of former Deputy Commissioner Toby Gordon, the Iowa Workers’ Compensation Commissioner hired attorney Jessica Cleereman to fill the role. Deputy Cleereman graduated from law school in 2005 and since that time has spent significant time practicing in Iowa workers’ compensation with private law firms and Nationwide Insurance. Her term began on […]

POTENTIAL SEA CHANGE IN WHAT CONSTITUTES NOTICE OF AN INJURY “AS SOON AS PRACTICABLE” IN NEBRASKA

Recently, the Nebraska Court of Appeals affirmed a trial court’s finding that an employee did not give notice to his employer ‘as soon as practicable’ in Bauer v. Genesis Healthcare Group. The employee was hurt on September 15, 2017, and informed his employer on October 23, 2017. This represented a delay of just over 30 […]

THIRD PARTY CLAIMS ADJUSTERS ARE NOT SUBJECT TO BAD FAITH CLAIMS

Under Iowa law a claimant can bring a claim for bad faith denial of coverage for their work place related injury in Iowa District Court, depending on the outcome, this can subject defendants to significant monetary awards. In May of 2019, Iowa’s Supreme Court came out with a ruling in De Dios v. Indemnity Insurance […]

IOWA WORKERS’ COMPENSATION REFRESHER: CARDIOVASCULAR INJURIES

The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that employment was both the medical and legal cause of the injury. Riley v. Oscar Mayer Foods Corp., 532 N.W.2d 489 (Iowa Ct. App. 1995). Legal […]

IOWA WORKERS’ COMPENSATION REFRESHER: INDEPENDENT CONTRACTORS

Independent Contractors are not generally entitled to coverage under the Act.  Nonetheless, like self-employed persons, independent contractors can make a formal election to come under the provisions of the Act. IOWA CODE §85.61(11). In order to determine whether or not an employer-employee relationship exists, five important factors must be considered: (1) the right of selection, […]
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