IOWA WORKERS’ COMPENSATION DEPUTIES SPLIT ON BILATERAL INDEMNITY OWED FOR PERMANENT IMPAIRMENT TO SHOULDER INJURIES

Recently, a Deputy Commissioner caused quite the stir by breaking with the prior consensus among the Commission about how to compensate an employee who sustains bilateral shoulder injuries from a single accident. In Carmer v. Nordstrom, Inc., the claimant injured both of her shoulders in one work-related accident.  Her employer stipulated that her injuries were […]

COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL APRIL 29, 2022

On November 29, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from January 31, 2022 to April 29, 2022. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the order, all in-person hearings scheduled to take place between […]

NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $983.00

For work-related injuries and illnesses that occur on or after January 1, 2022 the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $983.00. The Nebraska Workers’ Compensation Court announced the change on November 17, 2021. The new rate equates to 100 percent of the state wide average weekly wage, […]

CBD OIL IN IOWA, COMPENSABLE?

In many shops and stores you will find CBD Oil being advertised as a legal substance that has health benefits. CBD Oil has been legalized in Iowa in a limited capacity for medical use only. Iowa Code § 124E. However, in the context of workers’ compensation, insurers and employers are not required to pay for […]

MEDICAL MARIJUANA AND CBD OIL, COMPENSABLE?

In Nebraska you will find CBD Oil and other Marijuana extract products in various locations. Medical Marijuana is not currently legal in this state but the prevalence of these Marijuana extract products, which promise health benefits, begs the question: Are these products compensable under Nebraska Workers’ Compensation Act? Marijuana and its extracts are illegal in […]

HOW DO YOU KNOW IF AN EMPLOYEE IS EARNING THE SAME OR GREATER WAGES UNDER SECTION 85.34(2)(V) TO PRECLUDE ASSESSMENT OF INDUSTRIAL DISABILITY?

Section 85.34(2)(v) can be used to limit an employee’s permanent disability indemnity recovery for a body as a whole injury to just the amount of functional loss sustained by the injury (as opposed to assessment based on industrial disability which is typically higher); as outlined in the AMA Guidelines 5th Edition.  However, for this provision […]
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