Having an Eclipse Viewing for Your Employees? Workers Compensation Considerations for Employers

Nebraska, particularly Central Nebraska, has become a focal point for the viewing of the upcoming eclipse on August 21, 2017. Many employers, including our office, are offering the opportunity for employees to view the eclipse. Often times these viewings will take the form of a party during work hours with employers providing glasses, food, and […]

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Baylor Evnen Attorneys Obtain Favorable Nebraska Court of Appeals Decision on Issues of Credits for TPD

The Nebraska Court of Appeals recently decided the case of Jurgenson v. International Paper Company, where Baylor Evnen Attorneys, Timothy Clarke and Thomas Shires, represented the interests of International Paper Company. In the August 1, 2017 decision, the Court of Appeals entered a favorable ruling, significantly reducing the amount of benefits the trial court found […]

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Judge Hoffert Recently Appointed as Presiding Judge of the Nebraska Workers’ Compensation Court

Recently, Judge John R. Hoffert was elected as the Nebraska Workers’ Compensation Court presiding judge. Judge Hoffert’s election is for a two year term ending June 30, 2019. Judge Hoffert was elected as presiding judge by the judges of the Nebraska Workers’ Compensation Court. For questions regarding the Nebraska Workers’ Compensation Court, please don’t hesitate […]

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Recent Trial Decision Details the Importance of Effective Discovery in Litigated Cases

Recently, in De Mora v. Greater Omaha Packing, defended by Dallas Jones, Judge Martin rejected the plaintiff’s claim that her low back condition was caused by an altered gait due to a compensable ankle fracture. Judge Martin rejected the opinions expressed by the plaintiff’s experts, because it did not appear that those experts were aware […]

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Maximum and Minimum Benefit Rate Update and Mileage Rate Update

Iowa has released the new Maximum and Minimum Benefit Rates under ICA §§ 85.31, 85.34, 85.37, 85.61(9) for injuries occurring July 1, 2017 through June 30, 2018, as well as an updated mileage rate. The injured employees weekly benefit rate is based on 80% of the employee’s weekly spendable earnings but is not to exceed […]

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Nebraska Supreme Court Issues Strong Opinion on Employers’ Subrogation Rights Pursuant to Neb. Rev. Stat. § 48-118

Recently, the Nebraska Supreme Court issued a strong opinion in favor of employers’ subrogation rights in Kroemer v. Omaha Track Equipment LLC, 296 Neb. 972 (2017). As you may be aware from some of our prior blog entries, the Nebraska Court of Appeals in an earlier case, in re Estate of Evertson, had essentially indicated […]

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Comings and Goings at the Division of Iowa Workers’ Compensation

Recently, the Iowa Division of Workers’ Compensation announced that Deputy Commissioners Larry Walshire and Stan McElderry will be retiring at the end of June 2017. Both Deputies have served the State of Iowa for many years. Baylor Evnen wishes both of them a happy retirement. Check back at our blog in the future as we […]

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Kids’ Chance of Nebraska

Baylor Evnen encourages you to take part in the Kids’ Chance of Nebraska Golf outing on Thursday, July 20, 2017 at Iron Horse Club in Ashland, Nebraska. This is a wonderful opportunity for organizations to show their support for a great cause. Kids’ Chance of Nebraska is a nonprofit organization that raises money to award […]

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Refreshers on Treatment of Non-Typical Employees under Nebraska Workers’ Compensation Law

Occasionally, we will receive questions regarding who actually constitutes an “employee” pursuant to Neb. Rev. Stat. § 48-115. Often times, these questions will be directed towards owner/operators/officers of a corporation. Neb. Rev. Stat. § 48-115(9) notes that executive officers of a corporation who own less than 25% of the common stock are considered employees of […]

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Iowa Workers’ Compensation Reform Act Amends Entitlement to and Assessment of Industrial Disability/Loss of Earning Capacity

One of the additional changes under the Iowa Workers’ Compensation Reform Act affects the application and determination of industrial disability. Previously, any employee with an injury to the body as a whole resulting in permanent impairment and/or permanent restrictions was entitled to assessment of industrial disability regardless of employment status. The new amendments to the […]

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