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...
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...