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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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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