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

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

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. […]

NEWLY-ELECTED NEBRASKA WORKERS’ COMPENSATION COURT PRESIDING JUDGE

On June 23, 2023, Judge Dirk V. Block was elected presiding judge of the Nebraska Workers’ Compensation Court for a term beginning July 1, 2023, and ending June 30, 2025. The election was approved by the Nebraska Supreme Court on June 29, 2023. Pursuant to Section 48-155 of the Nebraska Revised Statutes, the presiding judge […]

DIVISION REJECTS COVID-19 BENEFITS FOR ESSENTIAL WORKER

In Collins v. Des Moines Area Regional Transit Authority, the Workers’ Compensation Commissioner determined that an essential worker’s claim for benefits arising out of the contraction of COVID-19 and ensuing complications was not compensable based on a lack of convincing evidence.  The claimant worked at a customer service booth and regularly handled cash from bus […]

IOWA WORKERS’ COMPENSATION RATE INCREASES EFFECTIVE JULY 1, 2023

Effective July 1, 2023, the Iowa Workers’ Compensation Statewide Average Weekly Wage (SAWW) will rise to $1,099.55. The minimum and maximum weekly workers’ compensation rates are calculated using the SAWW. This is an increase from the previous year’s rate of $1,040.56. Additionally, effective July 1, 2023, the Iowa Workers’ Compensation Maximum Weekly Rate for TTD, […]

NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

As a reminder, on December 29, 2022, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 63, and Addendum 2. These changes went into effect immediately. Certain changes, such as updates to the rule regarding Independent Medical Examiners, were minor. Other changes were more significant. One of the most significant changes affected Lump Sum […]
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