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...
Court of Appeals of Iowa Confirms the Importance of Accurate Medical Histories in Cases Regarding Causation
Recently, in Bakken v Orwig Inc, the Court of Appeals of Iowa affirmed a dismissal of a Claimant’s Petition on the issue of causation. Essentially, the issue surrounded two conflicting opinions from...
Plaintiff’s 10 Month Delay in Reporting Injuries Found to be Untimely
In March, the Nebraska Workers’ Compensation Court ruled in Vallin v. Nebraska Beef Ltd., Doc. 208 No. 0299, 2014 WL 1045700, that Plaintiff’s act of waiting 10 months to report his alleged work-related...
A Refresher: Common Defenses to a Workers’ Compensation Claim
There are a number of statutory affirmative defenses available to an employer upon the filing of a workers’ compensation claim. The employer has the burden of proof to establish such defenses. Cedar...
Deputy Commissioner Michelle McGovern Named Acting Workers’ Compensation Commissioner
Governor Terry Branstad announced on September 8, 2014 that Deputy Commissioner Michelle McGovern will serve as acting Workers’ Compensation Commissioner effective immediately. In early August, former...
Nebraska Court of Appeals Reexamines “Residual Impairment Test”
The Nebraska Court of Appeals’ ruling in Burnett v. Tyson Fresh Meats, 21 Neb. App. 910, 845 N.W.2d 297 (2014), serves as a helpful reminder of the significance of the “residual impairment test.” The...
Misrepresentation on Application for Employment Not a Valid Defense
Until late 2011, a misrepresentation on an application for employment was a viable defense to disqualify an employee from receiving workers’ compensation benefits if: (1) the employee knowingly and...