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...
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...