NEBRASKA’S MAXIMUM WEEKLY BENEFIT RATE TO INCREASE TO $1,029.00
For work-related injuries and illnesses that occur on or after January 1, 2023, the new maximum weekly benefit rate under the Nebraska Workers’ Compensation Act will increase to $1,029.00. The Nebraska Workers’ Compensation Court announced the change on November 16,...
EMPLOYEE IS COMPENSATED INDUSTRIALLY UNDER SECTION 85.34(2)(v)
In Ocampo v. New Fashion Pork, LLP, an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee’s permanent disability should be determined through a refiling proceeding. In Ocampo, the employee returned to work for the employer, but was...
DEPUTY COMMISSIONERS CONTINUE TO FOLLOW COMMISSIONER’S GUIDANCE IN MARTINEZ V. PAVLICH DESPITE ITS OVERRULING IN POLK COUNTY DISTRICT COURT
There has been much talk regarding an Iowa district court’s reversal of the Workers’ Compensation Commissioner’s finding in Martinez v. Pavlich. The Commissioner determined that an injured claimant must be compensated based on earning capacity when the claimant...
CONTINUED GUIDANCE CONCERNING WHEN AN IME IS REIMBURSABLE UNDER 85.39
In Bior v. Hormel, the Iowa Workers’ Compensation Commissioner provided an example of how employees could still receive reimbursement for their IME even while failing to prove their injury was work-related. Section 85.39 of the Iowa Code provides that employees are...
MAJOR CHANGES IN NEBRASKA FOR EMPLOYMENT DISCRIMINATION AND WORKERS’ COMPENSATION CLAIMS
The Supreme Court of Nebraska recently decided a case, Dutcher v. Nebraska Department of Corrections, in which it was held that an employee who was fired after receiving workers’ compensation benefits could not bring a wrongful termination action under the Nebraska...
ONLY PREPARATION COSTS OF REPORT ARE REIMBURSABLE WHEN 85.39 IME DATED SAME DATE AS EMPLOYER’S IME
In Swanson v. Pella Corp., an Iowa Workers’ Compensation Deputy Commissioner provided guidance on whether an employee-requested independent medical examination (IME) is reimbursable when both the employee’s and employer’s IMEs are dated the same date. Section 85.39 of...
REPLACEMENT RECLINERS IN IOWA ARE DEEMED APPLIANCES
Evilsizor v. Northern Ag Services, Inc. provides an example of how an employee did not meet his burden of proof when petitioning for alternate care. Section 85.27(4) of the Iowa Code provides that an employer has the right to choose a provider of care to treat the...
COMMISSIONER ORDERS ALL HEARINGS TO TAKE PLACE VIRTUALLY IN PERPETUITY
On August 11, 2022, the Iowa Workers’ Compensation Commissioner, Joseph S. Cortese II, issued an administrative order making all hearings virtual for the foreseeable future. Beginning October 29, 2022, all currently-scheduled hearings in contested cases before the...
IA MEDICAL INSURANCE OPT-OUT PAYMENTS TO BE INCLUDED IN AVERAGE WEEKLY WAGE CALCULATION
In Markley v. J. Rettenmaier USA LP, the Iowa Workers’ Compensation Commissioner affirmed a Deputy Commissioner’s determination that employer-provided medical insurance opt-out payments should be included in an injured employee’s average weekly wage calculation....
IOWA DEPUTY COMMISSIONER PROVIDES GUIDANCE ON COMPENSABILITY WHEN AN EMPLOYEE IS INJURED WHILE VIOLATING EMPLOYER’S POLICIES
Goede v. US Xpress, Inc. provides an example on how an injured employee could still receive workers’ compensation benefits even though the employee’s injury resulted from violations of the employer’s company policies. In some circumstances, an employee may be barred...