IMPACT OF CORONAVIRUS ON LEGAL PROCEEDINGS IN IOWA
Iowa Workers’ Compensation Commission issued an Order noting that for any in person hearings scheduled between March 18, 2020 through “at least” June 16, 2020, the same shall be done telephonically and no longer in person. Essentially, in an effort to prevent contact,...
COVID-19 UPDATE FROM BAYLOR EVNEN
With the rapidly changing circumstances due to the coronavirus, we are attentive to the concerns on the minds of many of our clients. While we are hopeful that the virus does not continue to intensify, we are taking all steps we can to ensure business continuity for...
DELEGATED DECISIONS ARE STILL FINAL AGENCY ORDERS
Recently, the Iowa Court of Appeals ruled that a decision made by a Deputy, when delegated by the Commissioner, has the effect of a Final Decision, even if not endorsed by the Commissioner. In Harrod, a hearing was first held before a deputy commissioner pursuant to...
BAYLOR EVNEN ATTORNEYS TO SPEAK AT NEBRASKA’S WOMEN LEAD 2020 CONFERENCE
Baylor Evnen attorneys Emily Motto and Kate Martz were invited to speak at the University of Nebraska’s Women Lead 2020 Conference. This conference is a partnership between the College of Business and College of Law and will feature women in law, business, government,...
ATTORNEY EMILY MOTTO INVITED TO FDCC
Baylor Evnen is proud to announce that attorney Emily Motto was recently invited to join the Federation of Defense & Corporate Counsel (FDCC). The FDCC is composed of recognized leaders of the legal community who have achieved professional distinction, and is...
2020 NEBRASKA WORKERS’ COMPENSATION LEGISLATION
NEW BILL INTRODUCTIONS – HEARINGS Committee hearings began January 21st and will continue through the latter part of February. As discussed below, note that three workers’ compensation bills—LB 846, LB 926 and LB 963—will be heard by the Business and Labor Committee...
DEPUTY WORKERS’ COMPENSATION COMMISSIONER JOINED DEPARTMENT OF WORKERS’ COMPENSATION
Recently, with the resignation of former Deputy Commissioner Toby Gordon, the Iowa Workers’ Compensation Commissioner hired attorney Jessica Cleereman to fill the role. Deputy Cleereman graduated from law school in 2005 and since that time has spent significant time...
POTENTIAL SEA CHANGE IN WHAT CONSTITUTES NOTICE OF AN INJURY “AS SOON AS PRACTICABLE” IN NEBRASKA
Recently, the Nebraska Court of Appeals affirmed a trial court’s finding that an employee did not give notice to his employer ‘as soon as practicable’ in Bauer v. Genesis Healthcare Group. The employee was hurt on September 15, 2017, and informed his employer on...
THIRD PARTY CLAIMS ADJUSTERS ARE NOT SUBJECT TO BAD FAITH CLAIMS
Under Iowa law a claimant can bring a claim for bad faith denial of coverage for their work place related injury in Iowa District Court, depending on the outcome, this can subject defendants to significant monetary awards. In May of 2019, Iowa’s Supreme Court came out...
IOWA WORKERS’ COMPENSATION REFRESHER: CARDIOVASCULAR INJURIES
The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that employment was both the medical and legal cause of the...