Refresher – Compensability of Emotional and Psychological Injuries in Iowa
In Iowa, the term “injury” is broadly defined which allows injured employees to receive compensation for psychological as well as physical impairments. Dunlavey v. Economy Fire & Casualty Co., 526...
Refresher – Terminating Or Demoting an Employee With a Potential Worker’s Compensation Claim
In Nebraska, an employee who is discharged in retaliation for asserting rights under the Workers’ Compensation Act can bring a separate cause of action against the employer. Jackson v. Morris...
Annual Statistical Report Published in the Nebraska Workers’ Compensation Court
Each year, the Nebraska Workers’ Compensation Court publishes a statistical report for injuries in the last 10 years. The statistical report summarizes the information reported by employers and insurers...
Refreshers on Treatment of Non-Typical Employees under Nebraska Workers’ Compensation Law
Occasionally, we will receive questions regarding who actually constitutes an “employee” pursuant to Neb. Rev. Stat. § 48-115. Often times, these questions will be directed towards...
Nebraska Supreme Court Affirms that 30 Day Payment Period and Penalties Apply Towards Settlements via Release Waiver
Recently, the Nebraska Supreme Court was faced with the issue as to whether there is a 30 day payment period and/or exposure for penalties for failure to pay within that period for settlements arising...
Nebraska Court of Appeals Addresses When Unrelated Medical Care May be Compensable to Treat a Related Condition
Recently, the Nebraska Court of Appeals in Carr v. GNH Farms was faced with the issue of when an unrelated medical condition would be considered compensable in order to treat a work related injury....
Iowa Workers’ Compensation Commissioner Indicates Fines Will Be Assessed for Any Settlements Occurring within 24 Hours of Hearing
Recently Iowa Workers’ Compensation Commissioner Joseph Cortes II issued an Order indicating that effective July 1, 2018, any settlement occurring within 24 hours of scheduled start of hearing will...
Nebraska Workers’ Compensation Refresher on Vocational Rehabilitation
Often times, we received questions in Nebraska regarding vocational rehabilitation. Vocational rehabilitation benefits are appropriate when an injured employee is unable to return to the work for which...
Independent Contractors in Iowa: Do they fall under the Workers’ Compensation Act?
It is a continual question as to whether an independent contractor is entitled to coverage under the Iowa Workers’ Compensation Act. In general, independent contractors are not entitled to coverage under...
Shoulder Injuries under Iowa Workers’ Compensation Law
Given some of the recent changes in Iowa law, Baylor Evnen wanted to take the opportunity to inform employers regarding indemnity exposure for shoulder injuries. For injuries occurring prior to July 1,...