UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
LB 256 As we reported last week, the Business and Labor Committee advanced LB 256 to General File on a 7-0 vote. Introduced by Senator Matt Hansen, LB 256 provides that a release may be used to finalize an agreement to resolve all issues other than future medical...
HOW MUCH IS ENOUGH? AN INTERPRETATION OF WHICH WEEKS REPRESENT AN EMPLOYEE’S AVERAGE WEEKLY WAGE FOR WORKERS’ COMPENSATION
The Court of Appeals of Iowa affirmed a decision from the Iowa Workers’ Compensation Commission that held that a week during which an employee works only a few hours less than other weeks can be excluded from the average weekly wage calculation in Regional Care...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
As of the close of business on Friday, March 12, Committee hearings were completed. Priority bill designations will wrap up early this week when the Speaker of the legislature selects his 25 priority bills. We anticipate that the balance of the session will be...
2021 WORKERS’ COMPENSATION LEGISLATION
As of yesterday, every legislative bill addressing workers’ compensation has now been heard in committee. Every bill remains in committee and no action has been taken on them, except LB 407, which was advanced to General File on 2/11/21. See below for a summary of...
FACTORS FOR COMMUTATION OF COMPENSATION AWARDS REVISITED
The Iowa Court of Appeals recently affirmed a Commissioner’s ruling to grant an employee’s request to have his workers’ compensation benefits partially commuted in United Fire v. Hessenius. In Hessenius, the employer argued against commutation on the basis that the...
EMPLOYMENT LAW FORUM WEBINAR
Join Baylor Evnen’s employment attorneys for a virtual discussion of legal developments and opportunities to strengthen your workplace as we look ahead into 2021 and beyond. Vaccines at Work: Considerations for Employers Torrey Gerdes & Desiree Wills The FDA’s...
MEDICAL MARIJUANA AND WORKERS’ COMPENSATION
In recent years and months, Iowa has expanded the availability of medical marijuana and its derivative products within the State. Iowa Code §124E.26. Marijuana is still illegal in Iowa and the State still has very strict rules regarding how the substance can be used...
COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL JUNE 18, 2021
On February 2, 2021, the Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the Commission from March 19, 2021, to June 18, 2021. For those of our avid followers who are keeping track, this is the sixth continuation of...
2021 CHANGES IN NEBRASKA MILEAGE REIMBURSEMENT RATE AND WEEKLY INCOME BENEFIT RATES
Recently, the Nebraska Workers’ Compensation Court adopted new mileage reimbursement rates. Effective January 1, 2021 the mileage reimbursement rate will become $.56 per mile for travel to seek related medical treatment or while participating in a vocational...
COURT HALTS ENFORCEMENT OF EXECUTIVE ORDER 13950 ON CONTRACTOR DIVERSITY TRAINING
On December 23, 2020, a federal district court issued a nationwide preliminary injunction stopping the federal government from enforcing Executive Order (EO) 13950. Santa Cruz Lesbian and Gay Cmty. Ctr., et al. v. Trump, No. 5:20-cv-07741-BLF (N.D. Cal. Dec. 23,...