2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE

by Baylor Evnen, LLP | Feb 14, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

Visit the most recent legislative update here.   Each year, Baylor Evnen Wolfe & Tannehill, LLP is actively involved in proposing and supporting workers’ compensation legislation that favorably impacts our clients, as well as opposing legislation that is unfavorable to our clients.  We hope that you find the following update helpful in assessing the legislative […]

NEW GUIDANCE SUGGESTS THAT NO EMPLOYEE SIGNATURE IS REQUIRED ON DOCUMENT USED TO SUPPORT MISREPRESENTATION DEFENSE

by Baylor Evnen, LLP | Feb 10, 2023 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Rulla v. YRTC Kearney Pay Home, a plaintiff employee sought partial summary judgment to prevent the defendant employer from asserting the misrepresentation affirmative defense under Section 48-148.01. The employee argued that the employer lacked evidence of a written acknowledgment that the employee misrepresented his ability to perform the job’s essential functions. Section 48-148.01(1) states […]

NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,029.00

by Baylor Evnen, LLP | Nov 16, 2022 | BLOG, NEBRASKA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

For work-related injuries and illnesses that occur on or after January 1, 2023, the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,029.00. The Nebraska Workers’ Compensation Court announced the change on November 16, 2022. The new rate equates to 100 percent of the state-wide average weekly wage, rounded […]

EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)

by Baylor Evnen, LLP | Oct 5, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Ocampo v. New Fashion Pork, LLP, an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee’s permanent disability should be determined through a refiling proceeding. In Ocampo, the employee returned to work for the employer, but was subsequently discharged before his workers’ compensation hearing. He then obtained new employment at a lower […]

DEPUTY COMMISSIONERS CONTINUE TO FOLLOW COMMISSIONER’S GUIDANCE IN MARTINEZ V. PAVLICH DESPITE ITS OVERRULING IN POLK COUNTY DISTRICT COURT

by Baylor Evnen, LLP | Sep 29, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

There has been much talk regarding an Iowa district court’s reversal of the Workers’ Compensation Commissioner’s finding in Martinez v. Pavlich.  The Commissioner determined that an injured claimant must be compensated based on earning capacity when the claimant voluntarily resigns and begins working for a new employer.  While a district court reversed that decision on […]

CONTINUED GUIDANCE CONCERNING WHEN AN IME IS REIMBURSABLE UNDER 85.39

by Baylor Evnen, LLP | Sep 27, 2022 | BLOG, IOWA WORKERS' COMPENSATION, WORKERS’ COMPENSATION

In Bior v. Hormel, the Iowa Workers’ Compensation Commissioner provided an example of how employees could still receive reimbursement for their IME even while failing to prove their injury was work-related. Section 85.39 of the Iowa Code provides that employees are entitled to an IME with a physician of their own choosing after an employer-retained […]