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...
Additional Information Regarding LB 961
In our last post, we recognized that LB 961 was recently passed by the unicameral and signed into law by Governor Heineman. The post focused on the effect LB 961 had on workers’ compensation benefits...
LB 961 Raises Benefit Rate for Volunteer Firefighters and EMTs; Changes Rules Regarding Releases
Rural and suburban governments, take note: Volunteer firefighters and emergency medical technicians (EMTs) who are injured in the performance of their duties will soon be entitled to a higher benefit...
Contracting Company that Did Not Require Subcontractor to Have Proper Insurance Found to be Statutory Employer
In February 2014, the Nebraska Workers’ Compensation Court granted summary judgment for the plaintiff in William Glenn v. The Tie Yard of Omaha, Doc. 213 No. 0735 (2014). In this case, The Tie Yard of...
The Court of Appeals of Iowa Emphasizes Its “Severely Circumscribed” Role In Reviewing Workers’ Compensation Matters
Recently, in Des Moines Asphalt and Paving v Gomez, 2014 WL 1245474 (Iowa), the Court of Appeals of Iowa affirmed a Commission finding of a Claimant being permanently and totally disabled. However, what...
Cardiovascular Injuries: A Heightened Standard
Nebraska has a special set of rules for cases in which an employee suffers a cardiovascular injury, such as heart attack or stroke. An employee must prove that both the legal and medical cause of his...
Nebraska Workers’ Compensation Court Awards TTD to Employee Who Was Fired Due to Misconduct Unrelated to the Work Injury
In a recent case of first impression, Yoder v. Mosaic and Sentry Insurance, 2013 WL 7163425, Doc. 212 No. 1477 (2013), the Nebraska Workers’ Compensation Court determined that an injured employee who is...
Comings and Goings at the Iowa Division of Workers’ Compensation
Recently, the Iowa Division of Workers’ Compensation has had some personnel changes pertaining to Deputy Commissioners. Deputy Workers’ Compensation Commissioner, Helen Jean Walleser, will retire on...
Iowa Court of Appeals Determines That an Unsuccessful Job Search Subsequent to an Arbitration Decision Can Constitute a Sufficient “Change in Condition” Justifying Review Reopening
Recently, in Searle Petroleum v. Mlady, the Court of Appeals of Iowa determined that even absent a physical change in a claimant’s condition, a claimant could have a successful review reopening by...
Accidents Occurring on Employers’ Premises, But Not at Work Site, Found Compensable
An accident does not need to occur at the work site for the Nebraska Workers’ Compensation Court to find that the accident was work-related and compensable. The general rule is that an injury occurring...