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...
Injuries Sustained During Telecommuting Employee’s Personal Breaks May Be Compensable
In recent years, some courts have found the personal comfort doctrine to apply to employees working from a home office. The personal comfort doctrine provides that an employee is still in the course of...
Can An Employer Ask Questions About an Applicant’s Prior Workers’ Compensation Claims and Previous Medical Conditions?
Employers have long understood that making “good” hiring decisions can have a significant impact on workers’ compensation costs. Until more recent times, there was essentially no limitation on an...
Iowa Court of Appeals Provides Guidance on Investigating a Worker’s Claim of Chronic Regional Pain Syndrome
Recently, in Zaglauer vs. Mercy Medical Center, 2013 WL 5276149, the Iowa Court of Appeals determined that a Claimant who had an uncontested work accident did not suffer from chronic regional pain...
Nebraska Workers’ Compensation Court Awards Custom Wheelchairs, Sleep Number Bed, and Wheelchair Accessible Van to Employee
On Aug. 27, the Nebraska Workers’ Compensation Court awarded the plaintiff in Simmons v. Precast Haulers, Inc., Doc. 212 No. 0087 (2013), a custom light weight wheelchair, an electric/powered wheelchair,...