Iowa Supreme Court Reverses Important Point in Bad Faith Case
Previously, in the matter of Thornton v. American Interstate Insurance Company, a workers’ compensation Claimant had filed a bad faith lawsuit against the applicable workers’ compensation insurer for bad...
GOOD NEWS FOR EMPLOYERS: THE U.S. SUPREME COURT NARROWS THE SCOPE OF TITLE VII HARASSMENT AND RETALIATION CLAIMS IN THE WORKFORCE
In two recent sharply divided opinions (5-4 decisions), the United States Supreme Court made it more challenging for employees to successfully bring harassment and retaliation claims in court. In the...
National Academy of Social Insurance Documents Trend of Accelerating Increase In Workers’ Compensation Costs for Employers
Recently, the National Academy of Social Insurance (“NASI”) released a report discussing benefits, coverage, and costs on a national basis for workers’ compensation in 2011 (most recent data). This...
“One Year Rule” – Further Guidance about Workplace Injuries Given to Employers by the Nebraska Workers’ Compensation Court
Last month, the Nebraska Workers’ Compensation Court ruled in Washington v. Spracklin, Doc. 212 No. 1461 (2013), a back condition is normally considered recurrent and not compensable “if the plaintiff...
Longer Review Period Expected for Submitted Settlement Applications Before the Iowa Workers’ Compensation Commission
Recently, the Iowa Workers’ Compensation Commissioner notified members of the Iowa State Bar Association Workers’ Compensation Section of a change in the review process for settlement documents....
Provision of Medical Benefits Under the Iowa Workers’ Compensation System
Under Iowa Code §85.27, an employer is liable for all reasonable surgical, medical and hospital services arising out of a work-related injury which will hasten the employee’s restoration to health or...
Smart Business Practices? Terminating An Employee Who May Have a Claim Under Nebraska’s Workers’ Compensation Act.
An employer may terminate an employee who claims they are entitled to benefits under Nebraska’s workers’ compensation laws, but the employer must have a legitimate, non-discriminatory reason for the...
Iowa Court of Appeals Determines that Workers’ Compensation Commissioner has the Ability to Determine Medical Causation and Relation of Injury Even in the Absence of Medical Evidence On the Issue
Recently, in Martinez Construction v. Ceballos, 2013 WL 2646833 (Ct. App. IA.), Court of Appeals of Iowa affirmed a decision of the Iowa Workers’ Compensation Commissioner determining that a claimant had...
Propriety of Requests for Iowa Workers’ Compensation Benefits When Employee is Injured Outside the State of Iowa
Iowa workers’ compensation law provides one of the strongest statutory schedule of benefits for injured workers in all of the United States. Accordingly, most claimants have a strong incentive to seek...
Helpful Tips for Employers in Preventing an Employee From Making a Successful Retaliation Claim in Nebraska
In order to minimize its exposure to successful retaliation claims, an employer should focus on timing, consistency, and documentation. Timing – the shorter the period of time between an employer’s...