COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN PERSON HEARINGS UNTIL MARCH 19, 2021

by Baylor Evnen, LLP | Dec 5, 2020 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On October 12, 2020, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from November 21, 2020 to March 19, 2021. This order was expected and is a continuation of the previous order issued by the Commissioner at the start of the pandemic, but it has some far reaching and […]

EFFECTIVE JANUARY 1, 2021, THE NEBRASKA MAXIMUM WEEKLY INCOME BENEFIT WILL BE $914.00

by Baylor Evnen, LLP | Nov 18, 2020 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On January 1, 2021, the maximum weekly income benefit rate under the Nebraska Workers’ Compensation Act will increase to $914.00. This amount will apply to work-related injuries and illnesses occurring on or after January 1, 2021. The new figure, $914.00, represents one hundred percent of the state wide average weekly wage (rounded to the nearest […]

CHAVEZ v. MS TECHNOLOGY, LLC: THE CONTINUED EVOLUTION IN THE DEFINITION OF WHAT A ‘SHOULDER’ IS UNDER SECTION 85.34(2)(n)

by Baylor Evnen, LLP | Oct 5, 2020 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On September 30, 2020, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese, II, issued another opinion further clarifying the definition of a ‘shoulder’ in Iowa. Chavez v. MS Technology, LLC. was issued on the heels of a prior recent opinion from the Commissioner regarding the definition of a ‘shoulder,’ Deng v. Farmland Foods, Inc. The […]

SIGNIFICANT INTERPRETATION BY IOWA WORKERS’ COMPENSATION COMMISSIONER REGARDING THE SHOULDER AS A SCHEDULED MEMBER VS. THE BODY AS A WHOLE

by Baylor Evnen, LLP | Oct 2, 2020 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On September 29, 2020, the Commissioner of the Iowa Workers’ Compensation Division, Joseph Cortese, II, issued an Appeal Decision in Mary Deng v. Farmland Foods, Inc. This Decision addressed the definition of a shoulder as a scheduled member injury. On July 1, 2017 the Iowa Legislature amended Iowa Code section 85.34(2) to include injuries to […]

FIREFIGHTERS SENT TO FIGHT FIRES OUT OF STATE ARE LIKELY COVERED UNDER IOWA’S WORKERS’ COMPENSATION ACT

by Baylor Evnen, LLP | Sep 30, 2020 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, the wild fires on the west coast have gotten so out of control, smoke from the fires can be seen in the sky over most of the Midwest, including Iowa. As a result, some municipalities and other state organizations, have elected to send their firefighters to the west coast to help control the flames. […]

2020 NEBRASKA LEGISLATURE’S FINAL ACTIONS AFFECTING WORKERS COMPENSATION

by Baylor Evnen, LLP | Sep 2, 2020 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Legislature concluded its most recent session with the passage of several bills, including LB 963, the First Responders’ Mental Injuries Bill under the Nebraska Workers’ Compensation Act. The bill was passed in recognition of the perceived unique challenges first responders face on a daily basis. The bill does two things: (1) it lowers […]