The Nebraska Court of Appeals Elaborates on what Evidence is Sufficient to Find Entitlement to Assessment of Loss of Earning Capacity
On August 25, 2015, the Nebraska Court of Appeals issued an opinion in Marshall v. FedEx Freight East, No. A-14-982 (Neb. Ct. App. Aug. 25, 2015). In Marshall, the claimant incurred a left hand injury...
Iowa Workers’ Compensation Headquarters Moving to New Location
The Iowa Workers’ Compensation Headquarters is in the process of moving. The new location’s address is: Division of Workers’ Compensation 150 Des Moines Street Des Moines, IA 50309-1836 Hearings will be...
Employer must derive a “substantial direct benefit” from employee’s attendance for social event to arise in the course of employment
Employer must derive a “substantial direct benefit” from employee’s attendance for social event to arise in the course of employment On July 10, 2015, the Nebraska Supreme Court reiterated that in order...
Governor Ricketts appoints Lancaster County District Court Judge and Former Baylor, Evnen Partner Stephanie Stacy to the Nebraska Supreme Court
See Governor Ricketts’ press release here: https://governor.nebraska.gov/press/gov-ricketts-appoints-judge-stephanie-stacy-supreme-court
Maximum and Minimum Benefit Rates Update
Iowa has released the new Maximum and Minimum Benefit Rates under ICA §§ 85.31, 85.34, 85.37, 85.61(9) for injuries occurring July 1, 2015 through June 30, 2016. The injured employees weekly benefit rate...
Iowa Workers’ Compensation Deputy Commissioner Ron Pohlman to Step Down From Iowa Workers’ Compensation Commission
Recently, it was announced that Deputy Iowa Workers’ Compensation Commissioner Ron Pohlman would be leaving his position as a Deputy Commissioner for private practice. Deputy Pohlman’s anticipated date...
Petition for Rehearing Filed in Surveillance Declaratory Order
On June 12, 2015 we posted on the Iowa Supreme Court’s lengthy ruling on the Surveillance Declaratory Order. That post can be found here:...
Recent Statutory Enactments Relating to Nebraska Workers’ Compensation Law
Recently, the 2015 Legislative session adjourned. Four bills were passed which will impact employers and insurers in Nebraska, with an effective date of August 30, 2015. Baylor Evnen partner Dallas...
Iowa Supreme Court Reverses Commissioner’s Surveillance Declaratory Order
On June 12, 2015 the Iowa Supreme Court issued a lengthy ruling on the Surveillance Declaratory Order setting aside the commissioner’s order interpreting Iowa Code § 85.27(2). In October of 2012, former...
Baylor, Evnen Attorney Tim Clarke Obtains Favorable Reversal of Modification Award
In Williams v. EGS Appleton, the Nebraska Court of Appeals reiterated that “a medical opinion which only states that previous injuries more than likely contributed to an increase in incapacity cannot be...