HELP SUPPORT LOCAL NEBRASKANS
The attorneys and staff of Baylor Evnen are deeply concerned for everyone impacted by the flooding. We ask others to join us in donating to one or more of the many organizations helping our fellow Nebraskans during this difficult time.
BAYLOR EVNEN ATTORNEY PAUL BARTA TESTIFIES BEFORE NEBRASKA LEGISLATURE REGARDING PENDING WORKERS’ COMPENSATION BILLS
Recently, Baylor Evnen attorney Paul Barta testified on LB 526 before the Business and Labor Committee at the Nebraska Unicameral. LB 526 is a bill introduced largely by the Plaintiff’s bar with the intention of increasing the amount of temporary total disability...
THE ROLLERCOASTER RIDE OF EEO-1 PAY DATA REPORTING
A federal court has reinstated the pay-data collection and reporting requirements for federal revised EEO-1 form filings. The requirements, instituted during the Obama administration, obligate businesses with at least 100 employees and federal contractors with at...
Nebraska Court of Appeals Addresses Evidentiary Standards for Approving Average Weekly Wage in Bortolotti v Universal Terrazzo and Tile Co.
Recently the Nebraska Workers’ Compensation Court addressed what evidence is necessary for a Plaintiff to prove applicable average weekly wages for an owner operator of a business. In Bortolotti, the Plaintiff was an owner/operator and employee of the employer – a...
Additional Deputy Commissioner Appointed to Iowa Workers’ Compensation Commission
Recently, Iowa Workers’ Compensation Commissioner Joseph Cortese has appointed attorney Michael Lunn to be a deputy commissioner. Michael Lunn graduated from Drake Law School and worked with a workers’ compensation insurance defense firm prior to taking this position....
New Iowa Workers’ Compensation Deputy Commissioner Joining Workers’ Compensation Commission
Recently, attorney Ben Humphrey has been retained by the Iowa Workers’ Compensation Commissioner Cortese as a new deputy workers’ compensation commissioner. Deputy Humphrey will be filling a vacancy that has been left open since 2017 when Deputies Walshire and...
Nebraska Supreme Court Addresses “Nonresident Employers” Jurisdictional Question in Hassan v. Trident Seafoods, 302 Neb. 44 (2019)
Recently, in the case of Hassan v. Trident Seafoods, the Nebraska Supreme Court affirmed dismissal of an injured employee’s petition on the basis that the Nebraska Workers’ Compensation Court had no jurisdiction over the “nonresident” employer who did not “perform...
2019 Changes in Nebraska Mileage Reimbursement Rate and Amendments to Nebraska Workers’ Compensation Court Rules including Fee Schedule
Recently, the Nebraska Workers’ Compensation Court adopted new mileage reimbursement rates. Effective January 1, 2019 the mileage rate will become $.58 per mile to travel to seek medical treatment or while participating in a vocational rehabilitation plan. Further,...
Iowa Supreme Court Rules on Idiopathic Falls
On November 16, 2018, the Iowa Supreme Court rendered a decision regarding idiopathic falls onto level floors. In Bluml v. Dee Jay’s Inc. d/b/a Long John Silvers and Commerce & Industry Ins. Co., the Iowa Supreme Court reversed the decision of the Commissioner who...
Nebraska Workers’ Compensation Court Publishes New Maximum Benefit Rate
The Nebraska Workers’ Compensation Court has released the new maximum weekly income benefit cap under § 48-121.01. For all work-related injuries and illnesses occurring after January 1, 2019, the maximum compensation rate will be $855.00. This amount equals 100...