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...
Baylor Evnen Attorneys Present at Nebraska Safety Council
Recently, Nebraska Workers’ Compensation attorneys from Baylor Evnen Jen Caswell, Paul Barta, Eric Sutton, and Jenna Christensen presented at the Nebraska Safety Council’s 2018 Seminar. These Baylor...
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...