The Nebraska Workers’ Compensation Court Elaborates On What Factors To Consider When Determining Whether An Injury Is “Latent and Progressive” For Purposes of the Statute of Limitations
Recently, the Nebraska Court of Appeals affirmed a dismissal of a Claimant’s action based on the statute of limitations defense when it found that a Claimant’s injury was not “latent and progressive” and...
Notice Regarding Change to Nebraska Workers’ Compensation Mileage Reimbursement Rate
Effective January 1, 2017, the mileage rate will become 53.5 cents per mile for travel to seek medical treatment or while participating in a vocational rehabilitation plan. This conforms to the...
Nebraska Supreme Court Vacates Unfavorable Employer Subrogation Decision in In re Estate of Evertson
On March 8, 2016 the Nebraska Court of Appeals issued a decision which had the potential to significantly impact the subrogation interest of employers and workers’ compensation insurers. The Court of...
Nebraska Workers’ Compensation Court Vacancy Filled
Recently, Governor Ricketts selected Dirk Block to fill the most recent vacancy being created by Judge Laureen Van Norman’s retirement. Dirk Block has been an attorney practicing Nebraska Workers’...
Iowa Court of Appeals Upholds Neuropathic Injury Limited to Lower Extremity as a “Scheduled Member” Injury
In a recent September 14, 2016 opinion (final publication decision pending), Janssen v. Merry Lanes, Inc., 886 N.W.2d 618 (Iowa Ct. App. 2016), the Iowa Court Appeals ruled on an appeal involving an...
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...