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...
Iowa Workers’ Compensation Refresher: Cardiovascular Injuries
The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that...
Iowa Supreme Court’s Holding in Evenson v. Winnebago and the New Start Date for Permanent Benefits
On June 3, 2016 , the Iowa Supreme Court issued a substantive opinion in Evenson v. Winnebago. The Court’s decision included a number of findings, including that an employer’s matching contribution to an...
Independent Medical Examination (IME) under Iowa Workers’ Compensation Law
Iowa Code §85.39, provides for employer and employee examinations and provides an employee means to obtain an examination by a physician of their choice at the employer’s expense. After a compensable...
Refresher on Subrogation Rights in Nebraska
The employer (or its insurer) has a statutory right to be subrogated to any recovery by the employee against a third-party tortfeasor for his or her work-related injuries. For accidents occurring after...