Recent CMS Comment on Zero Allocation Medicare Set Aside Submissions
Recently CMS provided additional clarification regarding what it will and won’t consider in relation to requested approval of zero sum allocations and the review processes related to the same for...
Nebraska Workers’ Compensation 2017 Benefit Increase
Effective January 1, 2017, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $817.00. The amount of $817.00 applies to work-related injuries and illnesses...
Baylor Evnen Partners Speak at Nebraska State Bar Workers’ Compensation Seminar
Recently, Baylor Evnen Workers’ Compensation attorneys, Dallas Jones and Paul Barta spoke at the Nebraska State Bar Workers’ Compensation Seminar. Mr. Jones began the seminar with a comprehensive...
Employers Can No Longer File Counterclaims to Advance to Trial and Save on Litigation Costs
The Nebraska Supreme Court recently issued an opinion in Wilmer Interiano-Lopez v. Tyson Fresh Meats, Inc., holding that an employer’s counterclaim against an employee cannot proceed to trial following...
Iowa Workers’ Compensation Refresher: Independent Contractors
Independent Contractors are not generally entitled to coverage under the Act. Nonetheless, like self-employed persons, independent contractors can make a formal election to come under the provisions of...
Join Baylor Evnen Attorneys at the 2016 Nebraska Claims Symposium!
Baylor Evnen is a proud sponsor and supporter of the upcoming 1st Annual 2016 Nebraska Claims Symposium. The two-day symposium, hosted by the Workers’ Compensation Association of Nebraska, Nebraskans for...
Nebraska Court of Appeals in Maradiaga v. Specialty Finishing, declines to broaden the application of the Positional Risk Doctrine
The Nebraska Court of appeals recently issued an opinion which confirms yet again that an employee engaged in an “everyday activity” must offer some evidence that there was an employment-related risk...
Nebraska Court of Appeals Decision regarding Notice Defense
On August 16, 2016 the Nebraska Court of Appeals issued an opinion in Mohammed Ali v. JBS Distribution regarding notice and what constitutes “as soon as practicable.” On August 10, 2011 Ali slipped and...
Comings and Goings at the Nebraska Workers’ Compensation Court
Nebraska Workers’ Compensation Court Administrator Glenn Morton has announced his retirement after 28 years of service with the court. Ms. Tamara L. Walz will assume duties as the new Administrator on...
Who is responsible for successive accidents when they occur with a different employer or insurance carrier? (Nebraska)
Who is responsible when an employee sustains an injury as a result of a successive accident? What if the employee is with a new employer? Or a new insurance carrier? The answer to this question depends...