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...
Rise in Mileage Reimbursement Rate
Effective January 1, 2015, the mileage rate for injured employees traveling to seek medical treatment or participating in a vocational rehabilitation plan will rise from 56 cents per mile to 57.5 cents...
Employee Not Awarded Benefits for Injury that Occurred While Taking Employer’s Scrap Metal to Sell for Personal Profit
The Nebraska Court of Appeals was recently faced with an interesting set of facts in Brittain v. H&H Chevrolet, 21 Neb. App. 986 (2014). Brittain worked as a “lot porter” for H&H. One of his...
Court of Appeals of Iowa Provides Additional Guidance on When Bonuses Will be Included in Wage Calculations
Recently in Pella Corp v Minar, 2014WL3930464, the Court of Appeals of Iowa determined that for purposes of determining weekly earnings, a “vesting bonus” will be considered a regular bonus and should...
The Court of Appeals of Iowa Enforces and Elaborates on the Strict 90 Day Notice Provision of ICA 85.23
Recently, the Court of Appeals of Iowa elaborated on the issue of how to apply the 90 day notice provision of ICA § 85.23 in cases of cumulative injuries. The applicable statue notes that “unless the...
What Employers Need to Know About the EEOC’s New Pregnancy Discrimination Enforcement Guidelines
The Equal Employment Opportunity Commission (“EEOC”) recently issued new enforcement guidelines on the treatment of pregnant employees under the federal Pregnancy Discrimination Act (“PDA”), a 1978...
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...