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 & […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

by Baylor Evnen, LLP | Mar 22, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

LB 256 As we reported last week, the Business and Labor Committee advanced LB 256 to General File on a 7-0 vote. Introduced by Senator Matt Hansen, LB 256 provides that a release may be used to finalize an agreement to resolve all issues other than future medical where the employee is eligible for Medicare, […]

HOW MUCH IS ENOUGH? AN INTERPRETATION OF WHICH WEEKS REPRESENT AN EMPLOYEE’S AVERAGE WEEKLY WAGE FOR WORKERS’ COMPENSATION

by Baylor Evnen, LLP | Mar 19, 2021 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Court of Appeals of Iowa affirmed a decision from the Iowa Workers’ Compensation Commission that held that a week during which an employee works only a few hours less than other weeks can be excluded from the average weekly wage calculation in Regional Care Hospital Partners, Inc. v. Marrs. As we know in Iowa, […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

by Baylor Evnen, LLP | Mar 15, 2021 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

As of the close of business on Friday, March 12, Committee hearings were completed.  Priority bill designations will wrap up early this week when the Speaker of the legislature selects his 25 priority bills. We anticipate that the balance of the session will be dominated by balancing the state budget and debating priority bills. Early […]