SUPREME COURT RULES ON SOVEREIGN IMMUNITY UNDER PSTCA

by Baylor Evnen, LLP | Apr 12, 2024 | BLOG, FIRM NEWS, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Simpson v. Lincoln Public Schools, a former LPS employee sued the District for wrongful discharge alleging that she was terminated because she filed a Workers’ Compensation claim. On appeal, the Nebraska Supreme Court offered a detailed analysis that, among other things, found that sovereign immunity under The Political Subdivision Tort Claims Act (PSTCA) shields […]

MAJOR CHANGES IN IOWA FOR HOW MULTIPLE SCHEDULED MEMBER INJURIES ARE COMPENSATED

by Baylor Evnen, LLP | Mar 29, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

On March 29, 2024, Iowa’s Supreme Court handed down an opinion in Anderson v. Bridgestone Americas, Inc. The seminal issue in the case had to do with how to compensate an employee who sustained both an arm and shoulder injury. Under the July 1, 2017 changes to the Iowa Workers’ Compensation Act, a shoulder is […]

MAKENZIE FALCON HAS BEEN APPOINTED TO THE AMERICAN LEGION AUXILIARY NATIONAL COMMITTEE

by Baylor Evnen, LLP | Mar 22, 2024 | BLOG, FIRM NEWS, WORKERS’ COMPENSATION

Makenzie Falcon has been appointed as the 2024-2025 American Legion Auxiliary National Committee Girls Nation Chair (Northwestern Division). The American Legion Auxiliary is one of the nation’s largest veterans support organizations and consists of spouses, grandmothers, mothers, sisters, and descendants of American Legion members. ALA Girls Nation is a weeklong event in Washington D.C. for […]

RECENT IOWA APPELLATE CASELAW IMPACTING WC STATUTE OF LIMITATIONS AND NOTICE DEFENSE

by Baylor Evnen, LLP | Feb 16, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

The Iowa Supreme Court recently decided Tweeten v. Tweeten, No. 22-2081 (December 22, 2023) and Tyler v. Tyson Fresh Meats, Inc., No. 23-0393 (February 7, 2024), cases with significant impact on application of the statute of limitations under Iowa Code section 85.26 and the notice provision of section 85.23. The Claimant in Tweeten worked for […]

IOWA SUPREME COURT INTERPRETS IME REIMBURSEMENT FEES UNDER SECTION 85.39(2)

by Baylor Evnen, LLP | Feb 13, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Mid American Construction, LLC v. Sandlin, the Iowa Supreme Court held that under Section 85.39(2), an employee is entitled to the reasonable cost of an entire examination accompanying a physician’s determination of the employee’s impairment rating, not just the component cost of the impairment rating itself. Additionally, the Court held that agency factfinding must […]

ADVERSE SIDE EFFECTS FROM COVID-19 VACCINE FOUND NOT COMPENSABLE IN IOWA

by Baylor Evnen, LLP | Feb 3, 2024 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In a recent holding from the Commissioner in Driscoll v. City of Cedar Rapids, the Commissioner overturned a previous finding that an employee’s adverse reaction to a COVID-19 vaccine was a compensable injury. The initial Deputy decision found that the employee was “strongly” encouraged by his employer to get the COVID-19 vaccine at the height […]