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...
Mileage Reimbursement Rate Change
Under ICA § 85.27, there are circumstances where mileage will be reimbursed for travel for medical treatment. Please be aware that on July 1, 2015, the medical mileage reimbursement rate will be changing to $0.575. This is up from $0.56 that will remain in effect...
Refresher on Survivor Benefits in Iowa Workers Compensation
Unfortunately, there are times where a work accident results in the death of an employee. In those situations, assuming the accident was work related, ICA § 85.31 and its subsequent sections detail what...
Evidence Regarding Whether a Reasonable Controversy Exists
On February 20, the Nebraska Supreme Court ruled in Armstrong v. State, 290 Neb. 205, that evidence could be presented up until the time of trial to demonstrate a reasonable controversy existed at the...
Defining Employee under the Nebraska Workers’ Compensation Act
Under the Nebraska Workers’ Compensation Act, only employees are entitled to receive workers’ compensation benefits. As this appears to be straight forward, a determination regarding whether an injured...