Recently, the Nebraska Supreme Court was faced with the issue as to whether there is a 30 day payment period and/or exposure for penalties for failure to pay within that period for settlements arising out of Release Waivers. In Dragon v Cheesecake Factory, the issue essentially came down to whether the penalty provisions arising out […]
Continue readingNebraska Supreme Court Affirms that 30 Day Payment Period and Penalties Apply Towards Settlements via Release Waiver
July 30, 2018 
Comments Off on Nebraska Supreme Court Affirms that 30 Day Payment Period and Penalties Apply Towards Settlements via Release Waiver
Nebraska Court of Appeals Addresses When Unrelated Medical Care May be Compensable to Treat a Related Condition
June 29, 2018 Comments Off on Nebraska Court of Appeals Addresses When Unrelated Medical Care May be Compensable to Treat a Related Condition
Recently, the Nebraska Court of Appeals in Carr v. GNH Farms was faced with the issue of when an unrelated medical condition would be considered compensable in order to treat a work related injury. In Carr, a Plaintiff was recommended to undergo an accident related medical procedure. However, before he could do so, a physician […]
Continue readingIowa Workers’ Compensation Commissioner Indicates Fines Will Be Assessed for Any Settlements Occurring within 24 Hours of Hearing
June 5, 2018 Comments Off on Iowa Workers’ Compensation Commissioner Indicates Fines Will Be Assessed for Any Settlements Occurring within 24 Hours of Hearing
Recently Iowa Workers’ Compensation Commissioner Joseph Cortes II issued an Order indicating that effective July 1, 2018, any settlement occurring within 24 hours of scheduled start of hearing will result in a sanction of $300.00. This sanction shall be assessed in equal proportion against the Claimant and Defendants unless the parties reach an agreement indicating […]
Continue readingNebraska Workers’ Compensation Refresher on Vocational Rehabilitation
June 1, 2018 Comments Off on Nebraska Workers’ Compensation Refresher on Vocational Rehabilitation
Often times, we received questions in Nebraska regarding vocational rehabilitation. Vocational rehabilitation benefits are appropriate when an injured employee is unable to return to the work for which he or she has previous training or experience. Hagelstein v. Swift-Eckrich Division of ConAgra, 261 Neb. 305, 622 N.W.2d 663 (2001). The statutory entitlement to vocational rehabilitation […]
Continue readingMileage Reimbursement Rates
April 4, 2018 Comments Off on Mileage Reimbursement Rates
As many employers/insurers are aware – mileage reimbursement may be required for Plaintiffs having to travel for compensable medical care. The Nebraska Workers’ Compensation Court recently noted that for 2018, the mileage rate is $0.545 per mile for travel related to compensable medical care or while participating in a vocational rehabilitation plan. If you have […]
Continue readingShoulder Injuries under Iowa Workers’ Compensation Law
April 4, 2018 Comments Off on Shoulder Injuries under Iowa Workers’ Compensation Law
Given some of the recent changes in Iowa law, Baylor Evnen wanted to take the opportunity to inform employers regarding indemnity exposure for shoulder injuries. For injuries occurring prior to July 1, 2017, shoulder injuries are considered injuries to the body as a whole. What is the effect of that? If an employee has an […]
Continue readingIndependent Contractors in Iowa: Do they fall under the Workers’ Compensation Act?
March 5, 2018 Comments Off on Independent Contractors in Iowa: Do they fall under the Workers’ Compensation Act?
It is a continual question as to whether an independent contractor is entitled to coverage under the Iowa Workers’ Compensation Act. In general, independent contractors are not entitled to coverage under the Act. However, independent contractors can make a formal election to come under the provisions of the Act. The court will contemplate many relevant […]
Continue readingCourt of Appeals Affirms Inclusion of Room and Board Expenses in Average Weekly Wage for Omaha Beef Player
February 26, 2018 Comments Off on Court of Appeals Affirms Inclusion of Room and Board Expenses in Average Weekly Wage for Omaha Beef Player
On February 20, 2017, the Court of Appeals issued an opinion in Foster-Rettig v. Indoor Football Operating, L.L.C., 25 Neb. App. 551, affirming Judge Fridrich’s calculation of an Omaha Beef football player’s average weekly wage that included estimated costs for lodging and meals. Indoor Football appealed alleging Judge Fridrich erred in his calculation by using […]
Continue readingNebraska Court of Appeals Details Necessary Evidence for Relation of Medical Bills
February 22, 2018 Comments Off on Nebraska Court of Appeals Details Necessary Evidence for Relation of Medical Bills
In the recent decision of Escobar v. JBS USA, the Nebraska Court of Appeals held that the Workers’ Compensation Court erred in ordering JBS to pay for hospital expenses that the trial court “was not familiar with, could not find documentation in the medical records to explain the charge, or were for treatment for the […]
Continue readingBaylor Evnen Attorneys Present at Nebraskans for Workers’ Compensation Equity and Fairness Seminar
February 13, 2018 Comments Off on Baylor Evnen Attorneys Present at Nebraskans for Workers’ Compensation Equity and Fairness Seminar
Recently, Baylor Evnen attorneys Dallas Jones, Jennifer Caswell, and Paul Barta were presenters at the Nebraskans for Workers’ Compensation Equity and Fairness Seminar. NWCEF is a group that advocates for employer’s rights and a more equitable workers’ compensation system in Nebraska. Dallas Jones presented on Nebraska workers’ compensation law regarding aggravation of preexisting conditions. Jennifer […]
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