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...
Nebraska Workers’ Compensation Refresher: Occupational Disease
Nebraska Revised Statute § 48-101 provides that when personal injury is caused to an employee “by accident or occupational disease,” arising out of and in the course of his or her employment, such...
Annual Iowa Workers’ Compensation Symposium
Multiple Baylor Evnen Iowa Workers’ Compensation attorneys will be attending. We encourage clients to attend as well as it geared towards both legal counsel and claims’ handlers/risk manager. The...
The Iowa Supreme Court Creates New Test for Employer Liability of Unrelated Medical Care Provided by Authorized Treating Physician
On April 22, 2016, The Iowa Supreme Court reversed the Iowa Court of Appeals’ decision in Ramirez-Trujillo v. Quality Egg, which held Quality Egg liable for a back surgery that was unrelated to the...
2016 Baylor Evnen Workers’ Compensation Seminar
The 2016 Baylor Evnen Nebraska and Iowa Workers’ Compensation Seminar took place Thursday, April 14, 2016. Attendees witnessed a mock trial presented by Baylor Evnen attorneys, and recently retired...
Supreme Court Issues Reminder that Claimant’s Testimony Alone is Sufficient to Support Extent of Disability Determination
A decision of the Nebraska Supreme Court issued on Friday serves as a reminder that a claimant’s testimony may serve as the sole basis to support an award as to the extent of the claimant’s disability...
