Nebraska Court of Appeals Elaborates on When a Relocated Employee’s New Post Accident Domicile Will Not Be Considered the “Hub” for Purposes of Assessment of Loss of Earning Capacity

Recently, in a common sense decision, the Nebraska Court of Appeals elaborated when a relocated employee’s “hub” for purposes of loss of earning capacity assessment will be the location of employment at the time of injury as opposed to the time of loss of earning capacity assessment. In Widel v. Lucile Duerr Hairstyling, Inc., the […]

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Nebraska Workers’ Compensation Maximum Income Benefit Increases to $831.00 Per Week

In a news release for the State of Nebraska Workers’ Compensation Court, effective January 1, 2018, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $831.00. This amount applies to work-related injuries and illnesses occurring on or after January 1, 2018. This amount equals 100 percent of the state average […]

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“The Nebraska Supreme Court adopts definitions for the terms ‘restore,’ ‘suitable employment,’ and ‘gainful employment.’”

“The Nebraska Supreme Court adopts definitions for the terms ‘restore,’ ‘suitable employment,’ and ‘gainful employment.’” The Nebraska Supreme Court recently addressed the meaning of the terms “restore,” “suitable employment,” and “gainful employment” as discussed in Neb. Rev. Stat. §48-162.01 in Anderson v. EMCOR Group, 298 Neb. 174 (2017). In this case, the Nebraska Workers’ Compensation […]

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“Over 90-days late? You’ll be time-barred.”

The Iowa Court of Appeals recently reviewed a district court’s decision upholding the workers’ compensation commissioner’s determination that an injured employee did not give timely notice of her work-related injury in Callahan v. Horseshoe Casino. Callahan claimed that she had back problems as a result of her employment, manifesting on October 10, 2011. One of […]

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The Nebraska Court of Appeals Reiterates that Factual Determinations of Causation Is an Issue Largely for the Trial Court

The Nebraska Court of Appeals recently decided the case of Hamilton v. United Parcel Service, which affirmed a Workers’ Compensation Court’s order dismissing Hamilton’s petition with prejudice. Hamilton was employed as a truck driver for United Parcel Service (UPS) for 12 years. In 2012, he went to the ER complaining of a headache, sore throat, […]

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Iowa Court of Appeals Affirms Dismissal Based on Statute of Limitations in Cumulative Back Injury Case

Recently the Iowa Court of Appeals in Myers v. R.R. Donnelly, issued its decision elaborating on when the statute of limitations will apply in cumulative injury claims. In this case, the Claimant began working for the employer in 1984 and began developing back pain and seeking medical treatment in 1999. The Claimant testified that he […]

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Baylor Evnen Attorneys Dallas Jones, Jennifer Caswell and Paul Barta Presenting at 2017 NSBA Annual Workers’ Compensation Seminar

On Friday, November 3, Dallas Jones, Jennifer Caswell and Paul Barta will be presenting on Nebraska workers’ compensation issues at the 2017 Annual NSBA Workers’ Compensation Seminar. Baylor Evnen law firm is an integral part of the Nebraska Workers’ Compensation System in Nebraska and are honored that these three attorneys have been requested to speak […]

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Nebraska Supreme Court Opines on Sufficiency of Medical Evidence

The Nebraska Supreme Court issued its decision in Hintz v. Farmers CO-OP Assn. 297, Neb. 903 on September 29. This important decision reversed the Court of Appeals and reiterated that medical expert testimony derived solely from a review of medical records is competent and admissible. The claimant (Hintz) was involved in a work accident on […]

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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 faith. Many allegations were made, but the primary thrust of the Petition was that the employer had no reasonable grounds to dispute that the Claimant was […]

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Baylor Evnen Attorneys to Present at Nebraska Workers Compensation Symposium

Baylor Evnen is proud to be a presenting sponsor and to have two of our attorneys, Dallas Jones and Jill Gradwohl Schroeder, involved in addressing important workers’ compensation topics at this year’s 2017 Nebraska Symposium occurring October 18th & 19th. Baylor Evnen Attorney Dallas Jones will be a featured member on a panel discussing and […]

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