January 1, 2015 – New OSHA Reporting Requirements for Employers
On January 1, 2015, there will be a change to what covered employers are required to report to the Occupational Safety and Health Administration (OSHA). According to the new requirements, employers will...
Employee Fails to Disclose Preexisting Lifting Restriction to New Employer, Is Denied Benefits
In Fleck v. Tractor Supply, Inc., Doc. 210 No. 0723 (November 2014), the plaintiff had a 50-pound lifting restriction from a previous work-related accident that he did not disclose to Tractor Supply upon...
Certain Employees Excluded from Coverage under Iowa Workers’ Compensation Act
According to Iowa Code §85.1, the Iowa Workers’ Compensation Act does not apply to the following: (1) An employee whose employment is purely casual and not for the purpose of the employer’s trade or...
Nebraska Supreme Court Declines to Amend its “Imperfect” Test for Work-Related Repetitive Trauma Injuries
The complexities of repetitive trauma injuries have caused many headaches for Nebraska employers and insurance carriers since these claims became recognized as compensable. Repetitive trauma injuries, by...
Court of Appeals Allows Commissioner to Pick and Choose Portions of Expert Opinions in Determining Permanent Impairment
In West Des Moines Community Schools v. Fry, 2014 WL 5475510 (Iowa Ct. App. 2014), the Court of Appeals found that it was not error for the commissioner to rely on certain parts of expert opinions,...
Circumstances in which Iowa has Jurisdiction over a Workers’ Compensation Claim
The Iowa Workers’ Compensation Act (Iowa Code §§85.1 through 85.72) requires most Iowa employers to provide benefits to eligible employees who sustain injuries arising out of and in the course of their...
Judge High to Retire from Nebraska Workers’ Compensation Court
Recently, the Nebraska Workers’ Compensation Court announced that Judge Michael K. High will be retiring on November 30, 2014, after serving nearly 17 years on the bench. Governor Ben Nelson appointed...
Employer Not Entitled to Reimbursement for Overpayment of Indemnity Benefits
An employee is entitled to 50% waiting time penalties on all indemnity benefits not paid after 30 days’ notice if no reasonable factual or legal controversy exists. Neb. Rev. Stat. §48-125(1). For this...
The Compensability of Idiopathic Falls: Did the Fall Arise Out of the Employment?
In order to be compensable, an injury must both “arise out of” employment and occur “in the course of” employment. Every employer, not specifically excepted by the provisions, must provide, secure, and...
Important Nebraska Workers’ Compensation Update
The Nebraska Workers Compensation Court recently announced that effective January 1, 2015, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $761.00. This...