HOW DO YOU KNOW IF AN EMPLOYEE IS EARNING THE SAME OR GREATER WAGES UNDER SECTION 85.34(2)(V) TO PRECLUDE ASSESSMENT OF INDUSTRIAL DISABILITY?
Section 85.34(2)(v) can be used to limit an employee’s permanent disability indemnity recovery for a body as a whole injury to just the amount of functional loss sustained by the injury (as opposed to assessment based on industrial disability which is typically...
COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL January 28, 2022
On September 15, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from October 29, 2021 to January 28, 2022. This is the same order that has been in effect in Iowa since March 16, 2020. As part...
NEBRASKA SUPREME COURT SET TO DECIDE IF AN EMPLOYER MUST BUILD AN ACCESSIBLE HOME FOR AN INJURED EMPLOYEE
The Nebraska Supreme Court recently considered whether an employer can be ordered to pay for the costs of constructing a custom-built accessible home for an employee. In Lewis v. MBC Construction Co., the employee was injured in the course of his employment and had...
LEGISLATIVE UPDATE: COVID-19 REBUTTABLE PRESUMPTIONS IN IOWA
During the 2021 Iowa Legislative Session, legislators introduced two bills to amend the COVID-19 Response and Back-to-Business Limited Liability Act (“the Act”). The Act currently limits liability for businesses in civil actions arising from COVID-19 exposure but does...
NEBRASKA COURT OF APPEALS DETERMINES THAT UNRELATED INCIDENT AT HOME WAS COMPENSABLE AS AN EXACERBATION OF A PRIOR WORK INJURY
Recently, in Bunz v. A.C. Lightning Prot. Co., Inc., the Nebraska Court of Appeals addressed the difference between an aggravation and an independent intervening cause in an unpublished opinion. While the opinion is unpublished, meaning that it cannot be cited as...
ATTORNEY CHRIS SCHMIDT JOINS RADIO SHOW GROW LINCOLN
Baylor Evnen and Grow Lincoln work to do the same thing: to promote and help our great local businesses. Attorney Chris Schmidt was on the show recently to discuss that shared interest and common legal issues companies face. Click here to hear about the services...
GENERAL CONTRACTOR NOT LIABLE UNDER SECTION 48-116 FOR SUBCONTRACTOR’S WORK RELATED INJURY
Recently, the Court of Appeals of Nebraska was faced with compensability issues relative to multiple contractors. Typically, under 48-116, Nebraska will hold a general contractor liable for workers’ compensation benefits for an injured worker of the subcontractor if...
NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA
On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical...
COVID-19: IOWA COMMISSIONER JOSEPH CORTESE POSTPONES IN-PERSON HEARINGS UNTIL OCTOBER 29, 2021
On June 28, 2021, Workers’ Compensation Commissioner Joseph Cortese extended the postponement of in-person hearings by the commission from July 24, 2021 to October 29, 2021. This is the same order that has been in effect in Iowa since March 16, 2020. As part of the...
UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION
Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to...