Recent CMS Comment on Zero Allocation Medicare Set Aside Submissions

Recently CMS provided additional clarification regarding what it will and won’t consider in relation to requested approval of zero sum allocations and the review processes related to the same for Medicare Set Asides. Previously, there has been some discussion/efforts by CMS that prior to approval for zero sum Medicare Set Aside allocation requests, the parties […]

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Nebraska Workers’ Compensation 2017 Benefit Increase

Effective January 1, 2017, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $817.00. The amount of $817.00 applies to work-related injuries and illnesses occurring on or after the date of January 1, 2017. This amount equals 100 percent of the state average weekly wage as determined by the Nebraska […]

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Baylor Evnen Partners Speak at Nebraska State Bar Workers’ Compensation Seminar

Recently, Baylor Evnen Workers’ Compensation attorneys, Dallas Jones and Paul Barta spoke at the Nebraska State Bar Workers’ Compensation Seminar. Mr. Jones began the seminar with a comprehensive Workers’ Compensation “101” designed to update/refresh Workers’ Compensation practitioners and for new practitioners coming into the Workers’ Compensation field. Mr. Barta presented on the analysis of compensability […]

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Employers Can No Longer File Counterclaims to Advance to Trial and Save on Litigation Costs

The Nebraska Supreme Court recently issued an opinion in Wilmer Interiano-Lopez v. Tyson Fresh Meats, Inc., holding that an employer’s counterclaim against an employee cannot proceed to trial following an employee’s dismissal of an action under Neb. Rev. Stat. § 48-177. Employee Wilmer Interiano-Lopez filed a Nebraska Workers’ Compensation claim against Tyson. Tyson filed an answer […]

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Iowa Workers’ Compensation Refresher: Independent Contractors

Independent Contractors are not generally entitled to coverage under the Act.  Nonetheless, like self-employed persons, independent contractors can make a formal election to come under the provisions of the Act. IOWA CODE §85.61(11). In order to determine whether or not an employer-employee relationship exists, five important factors must be considered: (1) the right of selection, […]

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Join Baylor Evnen Attorneys at the 2016 Nebraska Claims Symposium!

Baylor Evnen is a proud sponsor and supporter of the upcoming 1st Annual 2016 Nebraska Claims Symposium. The two-day symposium, hosted by the Workers’ Compensation Association of Nebraska, Nebraskans for Workers’ Compensation Equity and Fairness, and the Nebraska Claims Association, will be held on Wednesday September 21st and Thursday September 22nd at the Cornhusker Marriott […]

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Nebraska Court of Appeals in Maradiaga v. Specialty Finishing, declines to broaden the application of the Positional Risk Doctrine

The Nebraska Court of appeals recently issued an opinion which confirms yet again that an employee engaged in an “everyday activity” must offer some evidence that there was an employment-related risk which contributed to the accident, to prove that the accident “arose out of” the employee’s employment.  In Yessica Panameno Maradiaga v. Specialty Finishing and […]

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Nebraska Court of Appeals Decision regarding Notice Defense

On August 16, 2016 the Nebraska Court of Appeals issued an opinion in Mohammed Ali v. JBS Distribution regarding notice and what constitutes “as soon as practicable.” On August 10, 2011 Ali slipped and fell while working. Immediately following his fall, Ali was treated on-site by JBS’ nurse, who treated Ali’s right hand, right forearm […]

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Comings and Goings at the Nebraska Workers’ Compensation Court

Nebraska Workers’ Compensation Court Administrator Glenn Morton has announced his retirement after 28 years of service with the court. Ms. Tamara L. Walz will assume duties as the new Administrator on September 7, 2016. Baylor Evnen wishes Mr. Morton the best in his retirement. For questions regarding Nebraska Workers’ Compensation, please contact Paul Barta or […]

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Iowa Workers’ Compensation Refresher: Cardiovascular Injuries

The Iowa Supreme Court has adopted special rules regarding compensation for cardiovascular injuries. In order for an employer to be found liable for a cardiovascular injury, the employee must prove that employment was both the medical and legal cause of the injury. Riley v. Oscar Mayer Foods Corp., 532 N.W.2d 489 (Iowa Ct. App. 1995). […]

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