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...
Iowa Supreme Court Holds That Undocumented Workers Can Be Entitled to Healing Period Benefits Under the Iowa Workers’ Compensation Act
Recently, the Supreme Court of Iowa was faced with the issue of whether the Iowa Workers’ Compensation Commissioner could award an undocumented worker healing period benefits (wage replacement) pursuant...
Considering Purchasing a Company? You May Face a Higher Workers’ Compensation Insurance Rate
The purchase of a company has always been a complicated legal undertaking, and on November 15, 2013, the Nebraska Supreme Court made it even more complex. In Gridiron Management Group, LLC, v. Travelers...
ARE EMPLOYERS ALLOWED TO USE AN EMPLOYEE’S GENETIC INFORMATION TO MAKE EMPLOYMENT RELATED DECISIONS?
The simple answer is no. The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C.A. §2000f, et seq., prohibits the use of genetic information in making decisions related to any terms,...
Average Weekly Wage Calculations: Not So Average
When handling workers’ compensation claims in Nebraska, once an injury is determined to be compensable, it should be easy to determine the employee’s average weekly wage (AWW) for purposes of calculating...
The Court of Appeals of Iowa Elaborates on What Evidence Can Be Considered by the Workers’ Compensation Commissioner in Determining Permanent Impairment in a Scheduled Member Case
In Horn v. Cummins Filtration/Lake Mills, 2013 WL 595 1216, The Court of Appeals of Iowa elaborated what evidence it could consider in determining permanent partial disability benefits for a scheduled...