TRIAL COURT AWARDS PERMANENT TOTAL DISABILITY BASED ON LOSS OF EARNING CAPACITY FOR TWO SCHEDULED MEMBER INJURIES TO ONE EXTREMITY

by Baylor Evnen, LLP | Oct 31, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

For the first time following the Nebraska Supreme Court decision in Espinoza v. Job Source, USA, a trial court has awarded benefits based on loss of earning capacity to an employee with injuries to two scheduled members on one extremity under Neb. Rev. Stat. § 48-121(3). In February 2023, the Nebraska Supreme Court held that […]

COURT OF APPEALS AFFIRMS DISMISSAL OF CLAIM FOR INADEQUATE NOTICE

by Baylor Evnen, LLP | Oct 3, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Nebraska Court of Appeals, in Prince v. Walmart Assocs., No. A-23-044 (Neb. Ct. App. Sep. 26, 2023), affirmed a Workers’ Compensation Court decision to dismiss a claim on the basis that, in reporting the injury two months late, the employee failed to provide timely notice of the injury to her employer. The employee alleged […]

ISSUE PRECLUSION DOES NOT BAR CLAIMS FOR PERMANENT INJURY IN REVIEW-REOPENING PROCEEDINGS IN IOWA

by Baylor Evnen, LLP | Sep 12, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Green v. North Central Iowa Regional Solid Waste Authority, the Iowa Supreme Court affirmed that the principle of issue preclusion does not bar a worker’s claim for permanent injury in a review-reopening proceeding. Section 86.14(2) permits the Iowa Workers’ Compensation Commissioner to “reopen an award for payments or agreement for settlement … [to inquire] […]

WAITING TO DISTINGUISH WORKPLACE INJURY FROM PRIOR PAIN MAY NOT AMOUNT TO UNTIMELY NOTICE

by Baylor Evnen, LLP | Sep 1, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Candia v. Orchard Park Assisted Living, the Nebraska Workers’ Compensation Court held that waiting 2-3 weeks to give notice was sufficient when that is how long it took for the employee to determine that the workplace incident was the cause of her pain as opposed to her pre-existing back problems. In Candia, an employee […]

INTOXICATION DEFENSE DOES NOT REQUIRE PROCEDURES REQUIRED FOR SOME OTHER EMPLOYEE DRUG TESTS

by Baylor Evnen, LLP | Aug 31, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Davis v. Gordon Food Serv., Inc., the Iowa District Court in Polk County affirmed the Workers’ Compensation Commissioner’s ruling that evidence to support the intoxication defense under Section 85.16 does not need to be obtained in accordance with the rules and procedures under Section 730.5(7).  See Iowa Code § 85.16; see also Iowa Code […]

NEW IOWA STATUTE GIVES MEDICAID “SUPERLIEN” STATUS

by Baylor Evnen, LLP | Aug 30, 2023 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

A new Iowa statute went into effect on July 1, 2023, granting recovery rights to Iowa Medicaid that are similar to those of Medicare.  See Iowa Code § 249A.54 (2023).  Many refer to this recovery priority status as a “superlien.”  This new superlien statute provokes questions regarding how to address Medicaid liens in claim settlements. […]