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...
Iowa Workers’ Compensation Deputy Commissioner Jon Heitland to Retire from Iowa Workers’ Compensation Commission
Recently it was announced that Deputy Iowa Workers’ Compensation Commissioner Jon Heitland would be retiring from his position as a Deputy Commissioner. Deputy Heitland started with the Workers’...
The “Going and Coming Rule” in Iowa
As you may know, a compensable work injury must arise out of and in the course of employment. However, there are special rules which apply if an injury occurs when an employee is going to or coming from...
The Nebraska Court of Appeals Expounds on what Evidence is Necessary to Find Entitlement to Temporary Total Disability (TTD) in the Absence of Medical Restrictions.
On November 10, 2015, the Nebraska Court of Appeals issued an opinion in Donnelly v. Elite Staffing Global, No. A-15-286 (Neb. Ct. App. Nov. 10, 2015). The claimant in Donnellysustained a burn to her...
Nebraska Workers’ Compensation Refresher: “Arising Out Of and In the Course Of Employment.”
If an employment relationship exits and there is an accident, it must be determined if the accident occurred within the scope of the employment relationship. Under Neb. Rev. Stat. § 48-101 in order to...
Refresher on “Affirmative Defenses” for Iowa Workers’ Compensation Claims
Because workers’ compensation is its own area of law, it carries with it a different set of defenses than one would find in tort claims. For example, common tort defenses include comparative negligence...
Litigating Slip, Trip and Fall Cases in Nebraska
Baylor Evnen Partner Andrea D. Snowden will be presenting on Thursday, November 12, 2015 at the “Litigating Slip, Trip and Fall Cases in Nebraska” Seminar at the Regency Lodge in Omaha. To find out more...
2015 Nebraska Self Insurers Association Insurance & Claims Conference
Baylor Evnen Partners Randall L. Goyette, Dallas D. Jones, and Paul T. Barta will be speaking at the 2015 Nebraska Self Insurers Association Insurance & Claims Conference! The conference takes place...
Court of Appeals Affirms Compensation Court’s Award of Penalties, Finding that there was No Medical Basis to Deny
On September 29, 2015 the Nebraska Court of Appeals issued its decisions in Peterson v. Leprino Foods. At issue on appeal was whether a reasonable controversy existed concerning the nature of the...