2023 NEBRASKA WORKERS’ COMPENSATION BURIAL BENEFIT INCREASE

When an employee dies as a result of a work-related injury, their family members may be entitled to death benefits, including burial expenses, under the Nebraska Workers’ Compensation Act. Pursuant to Neb. Rev. Stat. § 48-122(3), the Nebraska Workers’ Compensation Court must annually increase the burial benefit based on the consumer price index, beginning in […]

UPDATED AS OF MAY 3 | 2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE

Visit the most recent legislative update here. Each year, Baylor Evnen Wolfe & Tannehill, LLP actively monitors and reports regarding workers’ compensation legislation that impacts our clients throughout the legislative session. Since our last Legislative Update, Senators and Committees have adopted a “combine and conquer” approach for bills, given the continuing filibusters on every bill […]

UPDATED AS OF APRIL 7 | 2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE

Visit the most recent legislative update here. Each year, Baylor Evnen Wolfe & Tannehill, LLP actively monitors and reports regarding workers’ compensation legislation that impacts our clients. Since our initial legislative update, the Nebraska Legislature’s deadline for designating priority bills has passed, meaning that bills not prioritized, amended into a priority bill, or eligible to […]

RECAP ON PROPOSED CHANGES TO IOWA WORKERS’ COMPENSATION LAWS DURING THE 89TH AND 90TH GENERAL ASSEMBLIES

Each year, Baylor Evnen Wolfe & Tannehill, LLP actively monitors and reports regarding workers’ compensation legislation that impacts our clients.  With the 89th General Assembly now closed, we want to provide our clients with a recap of the workers’ compensation legislation that was proposed and the bills’ current status. In addition, several workers’ compensation bills […]

SHOULDER INJURIES DO NOT TRIGGER SECOND INJURY FUND LIABILITY IN IOWA

In West v. Second Injury Fund of Iowa, the Iowa Workers’ Compensation Commissioner affirmed that a shoulder injury does not trigger Second Injury Fund liability under Section 85.64. Section 85.64 of the Iowa Code provides that three requirements must be met in order to trigger liability of the Fund. First, the employee must have lost […]

NEBRASKA SUPREME COURT HOLDS MULTIPLE INJURIES ALONG A SINGLE EXTREMITY ARE A LOSS TO “MORE THAN ONE MEMBER” UNDER § 48-121(3)

In Paulina Espinoza v. Job Source, USA, Espinoza injured her right wrist and right elbow after falling at work. She alleged that, because she suffered a “loss or loss of use of more than one member or parts of more than one member,” the Workers’ Compensation Court should consider awarding her benefits based on her […]
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