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...
Employer Obligated to Compensate Injury Irrespective of Whether Condition Would be Harmful to the Average Employee
Last month, in United Heartland, Inc. v. Brown, No. 14-1070, 2015 Iowa Ct. App. Lexis 321 (Apr. 8, 2015), the Court of Appeals of Iowa found that a school district was obligated to pay workers’...
An Employer’s Right to Choose Medical Care and Related Exceptions
The Iowa Workers’ Compensation Act provides for the payment of all reasonable and necessary medical care incurred to treat the injury. IOWA CODE §85.27. An employer must furnish all reasonable surgical,...
Defining Employer Under the Nebraska Workers’ Compensation Act
The first determination that must be made in a workers’ compensation claim is whether there is an employment relationship. To establish an employment relationship there must be (1) an employer, (2) an...
Iowa Senate Confirms new Iowa Workers Compensation Commissioner
Following an appointment by Governor Terry Branstad, Joseph Cortese has been confirmed by the Iowa Senate as the next Iowa Workers Compensation Commissioner by a vote of 42-8. Cortese will have a six...