Iowa Workers’ Compensation Commissioner Christopher Godfrey Expresses Intent to Resign
Recently, it was announced by the Iowa State Bar Association that Commissioner Godfrey has announced his resignation effective August 21, 2014. Commissioner Godfrey will be moving to Washington, D.C. to...
Workers’ Compensation Claimant Awarded Wheelchair-Accessible Van and Compensation for Spouse’s “On Call” In-Home Health Care
In July 2014, the Nebraska Supreme Court expanded the definition of “medical, surgical, and hospital services… [and] appliances,” as set out in Neb. Rev. Stat. §48-120(1)(a), to include a new type of appliance: wheelchair-accessible vans. In Simmons v. Precast...
Important Prohibitions in the Hiring Process For Employers to Know…Part I
Employers have long understood that making “good” hiring decisions can have a significant impact on workers’ compensation costs. Until more recent times, there was essentially no limitation on an...
Nebraska Supreme Court Further Erodes the Statute of Limitations
The Nebraska Supreme Court made it easier for injured employees to recover benefits for old work-related injuries in its June 27, 2014, decision Lenz v. Central Parking System of Nebraska, Inc., 288 Neb....
Deputy Christenson Elaborates on What Constitutes “Notice of an Injury” Under ICA §85.23
Recently, in Small v Crinc LC, Deputy Christenson elaborated on when a Claimant will be barred for failure to give adequate notice under ICA §85.23. Deputy Christenson noted that ICA §85.23 requires an employee to give notice of the occurrence of an injury to the...
The Court of Appeals of Iowa Elaborates on What Evidence an Expert Medical Examiner May Rely Upon in Determining Causation
Recently, the Court of Appeals of Iowa elaborated in Cargill Meat Solutions Corp v Deleonregarding what evidence an expert may or more specifically may not have to rely on for that opinion to be credible...
Nebraska Supreme Court Makes it Easier for Plaintiffs to Establish Loss of Earning Capacity
Pursuant to Neb. Rev. Stat. §48-121(3), if an employee sustains a loss or loss of use of more than one scheduled member or parts of more than one scheduled member, and the loss or loss of use results in...
Nebraska Wage Payment and Collection Act Update – Can an Employer and Employee Contractually Define When a Commission Becomes Payable?
The Nebraska Supreme Court recently determined that an employer and an employee may contractually define when a commission becomes payable. In Coffey v. Planet Group, Inc., __N.W.2d__ (Apr. 4, 2014), the...
The Court of Appeals of Iowa elaborates on when a worker is considered an “employee” to qualify for workers’ compensation benefits in Stark Construction v Lauterwasser
Recently, the Court of Appeals of Iowa affirmed the decision of the Iowa Workers Compensation Commissioner determining a carpenter was an employee of a construction company-thus entitling the same for...
Total Number of Reported Work Injuries Down, According to Statistical Report
On May 28, 2014, the Nebraska Workers’ Compensation Court released its annual statistical report. The report summarizes information provided to the Court by employers and insurers regarding work-related...