RECENT IOWA APPELLATE CASELAW IMPACTING WC STATUTE OF LIMITATIONS AND NOTICE DEFENSE
The Iowa Supreme Court recently decided Tweeten v. Tweeten, No. 22-2081 (December 22, 2023) and Tyler v. Tyson Fresh Meats, Inc., No. 23-0393 (February 7, 2024), cases with significant impact on application of the statute of limitations under Iowa Code section 85.26...
IOWA SUPREME COURT INTERPRETS IME REIMBURSEMENT FEES UNDER SECTION 85.39(2)
In Mid American Construction, LLC v. Sandlin, the Iowa Supreme Court held that under Section 85.39(2), an employee is entitled to the reasonable cost of an entire examination accompanying a physician’s determination of the employee’s impairment rating, not just the...
ADVERSE SIDE EFFECTS FROM COVID-19 VACCINE FOUND NOT COMPENSABLE IN IOWA
In a recent holding from the Commissioner in Driscoll v. City of Cedar Rapids, the Commissioner overturned a previous finding that an employee’s adverse reaction to a COVID-19 vaccine was a compensable injury. The initial Deputy decision found that the employee was...
NEW RULES FOR MEDICAL FEE SCHEDULES AND LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA
Recently, on December 28, 2023, the Nebraska Workers’ Compensation Court adopted amendments to Rules 5, 13, 14, 15, 26, 47, and Addendum 2. By January 24, 2024, all of these changes took effect. The amendments to Rules 5, 13, 14, and 15 included minor updates...
NEBRASKA WORKERS’ COMPENSATION MILEAGE REIMBURSEMENT RATE RISES ON JANUARY 1, 2024
Effective January 1, 2024, the Nebraska Workers’ Compensation Mileage Reimbursement Rate will rise to 67 cents per mile for travel related to medical treatment or participation in an approved vocational rehabilitation plan. The Nebraska Workers’ Compensation Court...
VOLUNTEER FIREFIGHTER BENEFIT RATE UPDATE
We received several questions recently about the firm benefit rate applicable to the volunteer firefighters who sustain injuries in the course of and arising out of their volunteer capacity as a firefighter. Specifically, there have been questions about the current...
MAXIMUM BENEFIT RATE FOR 2024 RAISED TO $1,094.00
On January 1, 2024, the maximum weekly indemnity benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,094.00. This amount will apply to work-related injuries and illnesses occurring on or after January 1, 2024. The new figure, $1,094.00,...
WORKERS’ COMPENSATION ATTORNEYS SPONSOR & ATTEND THE NEBRASKA WORKERS’ COMPENSATION SYMPOSIUM
Baylor Evnen was proud to sponsor the Nebraska Workers' Compensation Symposium that occurred on October 26 & 27 at the Embassy Suites in Lincoln. This event was hosted by the Workers' Compensation Association of Nebraska. This event provides continued education...
TRIAL COURT AWARDS PERMANENT TOTAL DISABILITY BASED ON LOSS OF EARNING CAPACITY FOR TWO SCHEDULED MEMBER INJURIES TO ONE EXTREMITY
For the first time following the Nebraska Supreme Court decision in Espinoza v. Job Source, USA, a trial court has awarded benefits based on loss of earning capacity to an employee with injuries to two scheduled members on one extremity under Neb. Rev. Stat. §...
MICAH C. HAWKER BOEHNKE ELECTED NEW DISTRICT 1 REP. FOR NEBRASKA’S YOUNG LAWYERS SECTION
We are pleased to announce that Micah C. Hawker Boehnke, one of our young Associate Attorneys, has been elected to the Nebraska State Bar Association’s Young Lawyers Section. Micah, despite having a ridiculous last name, has enjoyed great success over his last four...