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...
The Court of Appeals of Iowa Provides Clarification When It Has Jurisdiction to Consider a Claimant’s Petition for Alternate Medical Care and When it is Compelled to Mandatorily Dismiss the Same
Recently, in Cooksey v. Cargill, Inc., 2013 WL 5508539 (Iowa.App.2013), the Court of Appeals of Iowa clarified when it was appropriate for the Iowa Workers’ Compensation Commissioner to consider a...
Employers Still Obligated to Pay Temporary Benefits after Injured Employee Quits
Accommodating light duty work restrictions often allows employers to limit the award of temporary disability benefits. It is often argued that temporary benefits are not due when an injured employee...
UNDER WHAT CIRCUMSTANCES MAY AN EMPLOYER REFUSE TO HIRE AN APPLICANT WITH A DISABILITY?
Employers must be familiar with the Americans with Disabilities Act (ADA) and its subsequent amendments (ADAAA). The focus of the ADA is to prevent employers from discriminating against disabled...
An Employee’s Unreasonable Refusal to Follow Medical Treatment Could Lead to Termination of Benefits
Under the right set of circumstances, workers’ compensation benefits can be either limited or terminated due to the claimant’s noncompliance with medical treatment. Nebraska has two statutes that deal...
Nebraska Workers’ Compensation Maximum Income Benefit Increases to $747.00 Per Week
The Nebraska Workers’ Compensation Court announced today that effective January 1, 2014, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $747.00. This...
CAN AN EMPLOYER REFUSE TO HIRE AN APPLICANT WITH A DISABILITY?
This is a very difficult situation. If a wrong decision is made, costly litigation can ensue. Workplace decisions can no longer be based on workers’ compensation compliance alone, without the risk of...
Court of Appeals of Iowa Elaborates on Whether Intentional Conduct Can Give Rise to a Mental Injury Claim Under the Iowa Workers’ Compensation Act
In Smith v. Iowa State University, 36 IER Cases 707 (IA. Ct. App. 2013), the Court of Appeals of Iowa elaborated on when the “exclusive remedy” rule will apply to a claimant’s claim of a mental injury...