TRIAL COURT AWARDS PERMANENT TOTAL DISABILITY BASED ON LOSS OF EARNING CAPACITY FOR TWO SCHEDULED MEMBER INJURIES TO ONE EXTREMITY
For the first time following the Nebraska Supreme Court decision in Espinoza v. Job Source, USA, a trial court has awarded benefits based on loss of earning capacity to an employee with injuries to two scheduled members on one extremity under Neb. Rev. Stat. §...
MICAH C. HAWKER BOEHNKE ELECTED NEW DISTRICT 1 REP. FOR NEBRASKA’S YOUNG LAWYERS SECTION
We are pleased to announce that Micah C. Hawker Boehnke, one of our young Associate Attorneys, has been elected to the Nebraska State Bar Association’s Young Lawyers Section. Micah, despite having a ridiculous last name, has enjoyed great success over his last four...
WHO NEEDS AN ESTATE PLAN? (SPOILER ALERT: IT’S EVERYONE!)
The importance of having an estate plan cannot be understated. The common misconception that estate planning is just for the ultra-wealthy or elderly severely underestimates the value of having a plan in place to ensure individuals’ wishes are met upon their...
COURT OF APPEALS AFFIRMS DISMISSAL OF CLAIM FOR INADEQUATE NOTICE
The Nebraska Court of Appeals, in Prince v. Walmart Assocs., No. A-23-044 (Neb. Ct. App. Sep. 26, 2023), affirmed a Workers’ Compensation Court decision to dismiss a claim on the basis that, in reporting the injury two months late, the employee failed to provide...
DEPARTMENT OF LABOR PUBLISHES PROPOSED OVERTIME RULE
On September 8, 2023, the Department of Labor (“DOL”) published a proposed rule that would increase salary thresholds under the Fair Labor Standards Act’s (“FLSA”) overtime pay and minimum wage requirements. Under the FLSA’s “white collar” exemption, an employee is...
ISSUE PRECLUSION DOES NOT BAR CLAIMS FOR PERMANENT INJURY IN REVIEW-REOPENING PROCEEDINGS IN IOWA
In Green v. North Central Iowa Regional Solid Waste Authority, the Iowa Supreme Court affirmed that the principle of issue preclusion does not bar a worker’s claim for permanent injury in a review-reopening proceeding. Section 86.14(2) permits the Iowa Workers’...
WAITING TO DISTINGUISH WORKPLACE INJURY FROM PRIOR PAIN MAY NOT AMOUNT TO UNTIMELY NOTICE
In Candia v. Orchard Park Assisted Living, the Nebraska Workers’ Compensation Court held that waiting 2-3 weeks to give notice was sufficient when that is how long it took for the employee to determine that the workplace incident was the cause of her pain as opposed...
INTOXICATION DEFENSE DOES NOT REQUIRE PROCEDURES REQUIRED FOR SOME OTHER EMPLOYEE DRUG TESTS
In Davis v. Gordon Food Serv., Inc., the Iowa District Court in Polk County affirmed the Workers’ Compensation Commissioner’s ruling that evidence to support the intoxication defense under Section 85.16 does not need to be obtained in accordance with the rules and...
NEW IOWA STATUTE GIVES MEDICAID “SUPERLIEN” STATUS
A new Iowa statute went into effect on July 1, 2023, granting recovery rights to Iowa Medicaid that are similar to those of Medicare. See Iowa Code § 249A.54 (2023). Many refer to this recovery priority status as a “superlien.” This new superlien statute provokes...
TOP FIVE BENEFITS OF ESTATE PLANNING
Having an estate plan is incredibly important, and not just for the ultra-wealthy or elderly. Every adult should consider creating an estate plan, as it can provide peace of mind for the unknown future. In fact, there are several benefits to having an estate plan....