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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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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“An [un]compromise settlement: when the agreement signed is different than the terms of the parties’ original agreement.”

What happens when you reach a compromise settlement and the written agreement offers different terms than the settlement and is mistakenly approved by the workers’ compensation commissioner? The Iowa Court of Appeals recently addressed this issue in Reihe v. Midwest Viking, Inc. In 2013, the claimant suffered an injury in the course of his employment. […]

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Nebraska Workers’ Compensation Court Releases the 75th Annual Report

Recently, the Nebraska Workers’ Compensation Court released its 75th Annual Report for the fiscal year of 2017. In this it provided updates regarding general filing statistics. The complete report can be found at http://www.wcc.ne.gov/publications/annualreport_fy2017.pdf. This report covers the fiscal year from July 1, 2016 through June 30, 2017. The report discusses the adoption of court […]

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“Industrial Disability Considerations and the Importance of Return to Work”

Why is it important to make efforts to return injured workers to gainful employment? Should the court consider accommodations made by the employer in an award of industrial disability benefits? The Iowa Court of Appeals recently answered these questions in the case Norton v. Hy-Vee, Inc. In 2009, Norton injured her neck and back at […]

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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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