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...
Court of Appeals Erodes Employers’ Subrogation Interest Under § 48-118
On March 8, 2016 the Nebraska Court of Appeals issued a decision which has the potential to significantly impact the subrogation interest of employers and workers’ compensation insurers. The Court held...
Baylor Evnen’s Walt Zink Teaches Class at University of Nebraska Law School on Workers’ Compensation
In addition to being fortunate to have distinguished alumni of the firm at the state trial court level, State Supreme Court, and Federal District Court, Baylor Evnen is also fortunate to have its...
Refresher on Application of the Statute of Limitations in Nebraska Workers’ Compensation Cases
Nebraska Workers’ Compensation system has a fairly direct statute of limitations, at least on paper. Nebraska Revised Statute §48.137 indicates that a Claimant has 2 years from when the Claimant knew or...
Refresher on Iowa’s Multi-tiered Statute of Limitations for Workers’ Compensation Claims
Often times, we are asked, “When does the statute of limitations run?” However, the typical response is, “We need more information.” because the correct response is very fact specific in Iowa. ICA §85.26...
Nebraska Workers’ Compensation Refresher: Accident
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...
Two New Iowa Workers’ Compensation Commissioners Appointed
Heather Palmer and Toby Gordon have been hired as the two newest Deputy Workers’ Compensation Commissioners. Ms. Palmer currently is an Administrative Law Judge at the Iowa Department of Inspections and...
Two New Iowa Workers’ Compensation Commissioners Appointed
Heather Palmer and Toby Gordon have been hired as the two newest Deputy Workers’ Compensation Commissioners. Ms. Palmer currently is an Administrative Law Judge at the Iowa Department of Inspections and...
A Reason for Further Investigation When Your Injured Iowa Employee Requests a Hasty Full Duty Release
On November 25, 2015, the Iowa Court of Appeals issued a decision in Carl A. Nelson & Co. and Zurich North American Ins. Co. v. Sloan, No. 15-0323, 2015 WL 7574232 (Iowa Ct. App. Nov. 25,...
Nebraska Workers’ Compensation Refresher: Calculating Average Weekly Wage for Indemnity Benefits Purposes
As many employers know, a big part of analyzing their exposure to a particular work-related accident is determining how much the employer will have to pay in weekly disability benefits. This amount, or...
