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...
“The Agency is Entitled to Reconcile Competing Evidence, Not Ignore Evidence Completely”
When deciding whether to appeal a decision, evaluate whether the agency considered all evidence presented. As discussed below, a recent Court of Appeals decision reiterated that the agency is not...
Nebraska Supreme Court Provides Guidance on Appealable Orders in Workers’ Compensation Cases
Generally, orders in Nebraska are not appealable until they are “final.” But, what, exactly, is a final order in a workers’ compensation case? The Nebraska Supreme Court provided further guidance on this...
Court of Appeals of Iowa Reverses Determination of Permanent Total Disability by Workers’ Compensation Commission on the Basis That the Odd Lot Doctrine Was Inappropriately Applied
Recently, in Gits Manufacturing Co. v Frank, 2014 WL69668 (Jan 9, 2014), the Court of Appeals of Iowa determined that at an agency determination of permanent total disability arising out of a cumulative...
The simple answer is no. GINA is concerned primarily with protecting those individuals who may be discriminated against because an employer thinks they are at increased risk of acquiring a condition in...
Employer Credited for TTD Paid While Employee Failed to Attend Vocational Rehabilitation Classes
Recently, the Nebraska Workers’ Compensation Court ruled in Palmer v. U-Pull It, Inc., Doc. 210 No. 1574 (2013), that a Plaintiff who did not attend his vocational rehabilitation classes and was...
Iowa Workers’ Compensation Commissioner SuggestsThat Deep Venous Thrombosis is a Body-As-A-Whole Injury, Even If Limited to a Schedule Member
Recently, in Raymond v Menard, Inc., File No. 5039009 (Dec. 18, 2013), the Iowa Workers’ Compensation Commissioner determined that a claimant whose deep venous thrombosis was aggravated or caused by...
Who is an Employee?
At first glance, the question appears simple. However, the determination of whether an injured person qualifies as an employee for purposes of the Nebraska Workers’ Compensation Act depends on many...
Good Information for Employers To Know: Practical Examples Of Genetic Tests That Are Covered By GINA
It is important for employers to know what constitutes a “genetic test” under GINA because GINA restricts employers from requesting, requiring or purchasing genetic testing information, with limited...