IOWA COURT OF APPEALS CLARIFIES “ODD-LOT DOCTRINE”
The Court of Appeals of Iowa recently affirmed a decision from the Commission about an employee who argued she was entitled to permanent total disability from a work related injury. In Drahozal v. American Airlines, the employee argued that she fell under the Odd-Lot...
OSHA ISSUES UPDATED COVID-19 WORKPLACE GUIDANCE
Today, OSHA provided much-anticipated COVID-19 guidance for multiple workplace environments that will help employers create policies and procedures as they continue to operate and/or reopen their businesses and offices. OSHA provided guidance specific to three...
OSHA REVERSES COURSE ON RECORDING ADVERSE VACCINE REACTIONS
On April 20, 2021, OSHA provided guidance stating that if an employer requires a vaccination as a condition of employment, the employer must record an employee’s adverse reaction to the vaccination in their OSHA 300 workplace illness logs if the employee’s reaction is...
IOWA GUIDANCE ON TEMPORARY TOTAL DISABILITY AND THE GEOGRAPHIC AREA OF A LABOR MARKET
In Annett Holdings, Inc. v. Roberts, the Court of Appeals of Iowa affirmed a decision from the Commission on two issues: (1) When does a period of temporary total disability benefits end; and (2) when determining an employee’s access to labor, what are the limits of...
CDC GUIDANCE FOR FULLY VACCINATED INDIVIDUALS: CONSIDERATIONS FOR EMPLOYERS
The CDC updated its Interim Public Health Recommendations for Fully Vaccinated People in non-healthcare settings on May 13, 2021. The update relaxes guidance related to face coverings for fully vaccinated people in a number of circumstances. It states that fully...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
Since the Legislature placed LB 256 and LB 407 on General File nearly two months ago, the body took no action on those bills until this past week. The Legislature gave first round approval to both bills and moved them to Select File on May 5th. On Wednesday the...
CORONAVIRUS RESOURCES
During this period of rapidly-evolving information, it is important for businesses, organizations, and employers to stay up to date. Baylor Evnen will continue to provide updates on changing legislation, regulations, administrative guidance, and governmental mandates...
AM I LIABLE: WHAT CONSTITUTES NOTICE FOR A WORKERS’ COMPENSATION CLAIM IN IOWA?
The Court of Appeals of Iowa recently affirmed a decision from the Commission that a report notifying the employer that an accident might have occurred, but did not specify that an employee had been hurt or injured, was sufficient notice in John Deere Davenport Works...
ARPA UPDATE: DOL ISSUES COBRA FORM NOTICES AND GUIDANCE
The American Rescue Plan Act of 2021 (ARPA), provided premium assistance and an extended election period under COBRA and similar state laws for assistance eligible individuals. Employers were required to provide certain notices to individuals regarding the premium...
EMPLOYEE OR INDEPENDENT CONTRACTOR? THE TEST THAT WILL DETERMINE LIABILITY FOR WORKERS’ COMPENSATION
Whether or not a worker is considered an employee or an independent contractor can determine liability for workers’ compensation benefits under the Nebraska Workers’ Compensation Act. The Court of Appeals of Nebraska recently revisited the ten factor test to determine...