WHAT TO DO WITH THE EMPLOYEE WHO REFUSES TO COMPLY WITH MEDICAL RECOMMENDATIONS?

by Baylor Evnen, LLP | Jul 1, 2019 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Often times, our office will get calls from claims handlers inquiring what their options are when they have an employee/Plaintiff with an accepted work injury who refuses to undergo the care being recommended by the authorized physicians. Nebraska Revised Statutes §48-120(2)(c) and 48-162.01 allow a judge to suspend, reduce or limit compensation or benefits an […]

SF 507 PASSED BY IOWA HOUSE

by Baylor Evnen, LLP | Apr 11, 2019 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On April 9, 2019 the Iowa House passed bill SF 507; the bill was previously passed by the Iowa Senate. The bill modifies Iowa Code 85.61(7) to add a new section (c) which provides that personal injuries due to idiopathic or unexplained falls from level surface onto the same level surface do not arise out […]

NEBRASKA GENERAL CONTRACTORS SHOULD TAKE ALL NECESSARY STEPS TO ENSURE THAT SUBCONTRACTORS HAVE VALID WC POLICIES BEFORE PROCEEDING TO WORK WITH THE SAME

by Baylor Evnen, LLP | Apr 3, 2019 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Supreme Court recently reminded general contractors of the obligation it has over subcontractor employees. Appealing an award of the Nebraska Workers’ Compensation Court,  the defendant in Martinez v. CMR Construction & Roofing of Texas, 302 Neb. 618 (Mar 22, 2019) alleged it was not a statutory employer under Neb. Rev. Stat. § 48-116 […]

BAYLOR EVNEN ATTORNEY PAUL BARTA TESTIFIES BEFORE NEBRASKA LEGISLATURE REGARDING PENDING WORKERS’ COMPENSATION BILLS

by Baylor Evnen, LLP | Mar 13, 2019 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, Baylor Evnen attorney Paul Barta testified on LB 526 before the Business and Labor Committee at the Nebraska Unicameral. LB 526 is a bill introduced largely by the Plaintiff’s bar with the intention of increasing the amount of temporary total disability benefits that a Plaintiff may receive. Paul Barta, on behalf of Nebraskans for […]

Nebraska Court of Appeals Addresses Evidentiary Standards for Approving Average Weekly Wage in Bortolotti v Universal Terrazzo and Tile Co.

by Baylor Evnen, LLP | Feb 14, 2019 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently the Nebraska Workers’ Compensation Court addressed what evidence is necessary for a Plaintiff to prove applicable average weekly wages for an owner operator of a business. In Bortolotti, the Plaintiff was an owner/operator and employee of the employer – a tile company. At the trial level Plaintiff testified that he did not receive a […]

Additional Deputy Commissioner Appointed to Iowa Workers’ Compensation Commission

by Baylor Evnen, LLP | Feb 8, 2019 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Recently, Iowa Workers’ Compensation Commissioner Joseph Cortese has appointed attorney Michael Lunn to be a deputy commissioner. Michael Lunn graduated from Drake Law School and worked with a workers’ compensation insurance defense firm prior to taking this position. He will be beginning on February 18, 2019 at the Division of Workers’ Compensation. Baylor Evnen congratulates […]