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...
2023 NEBRASKA WORKERS’ COMPENSATION LEGISLATIVE UPDATE
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...
NEW GUIDANCE SUGGESTS THAT NO EMPLOYEE SIGNATURE IS REQUIRED ON DOCUMENT USED TO SUPPORT MISREPRESENTATION DEFENSE
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...
TOM SHIRES ELECTED NEW VP OF KIDS’ CHANCE OF NEBRASKA
This week, Tom Shires was elected to be the next vice president of the Kids’ Chance of Nebraska’s Board of Directors. Tom Shires is a partner at Baylor Evnen Wolfe & Tannehill and specializes in workers’ compensation. He handles workers’ compensation matters in...
Baylor Evnen, LLP and Wolfe Snowden Hurd Ahl Sitzmann Tannehill & Hahn, LLP Announce Merger
Baylor Evnen, LLP and Wolfe Snowden Hurd Ahl Sitzmann Tannehill & Hahn, LLP Announce Merger New firm, Baylor Evnen Wolfe & Tannehill, LLP, is now the largest law firm fully located in Lincoln, Nebraska LINCOLN, NEBRASKA– January 09, 2023 Law firms Baylor...
NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,029.00
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,...
EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)
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...
DEPUTY COMMISSIONERS CONTINUE TO FOLLOW COMMISSIONER’S GUIDANCE IN MARTINEZ V. PAVLICH DESPITE ITS OVERRULING IN POLK COUNTY DISTRICT COURT
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...
CONTINUED GUIDANCE CONCERNING WHEN AN IME IS REIMBURSABLE UNDER 85.39
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...
MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS
The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska...