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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Who is responsible for successive accidents when they occur with a different employer or insurance carrier? (Nebraska)

Who is responsible when an employee sustains an injury as a result of a successive accident? What if the employee is with a new employer? Or a new insurance carrier? The answer to this question depends on whether or not the disability sustained was caused by a recurrence of the original injury, or by an […]

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Iowa Supreme Court’s Holding in Evenson v. Winnebago and the New Start Date for Permanent Benefits

On June 3, 2016 , the Iowa Supreme Court issued a substantive opinion in Evenson v. Winnebago. The Court’s decision included a number of findings, including that an employer’s matching contribution to an employee’s 401k should not be considered earnings in calculating the employee’s workers’ compensation rate. Additionally, the Court overruled preexisting case law in […]

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Refresher on Subrogation Rights in Nebraska

The employer (or its insurer) has a statutory right to be subrogated to any recovery by the employee against a third-party tortfeasor for his or her work-related injuries. For accidents occurring after July 16, 1994, the employer is entitled only to a “fair and equitable distribution” of any judgment or settlement from the tortfeasor. Turco […]

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Independent Medical Examination (IME) under Iowa Workers’ Compensation Law

Iowa Code §85.39, provides for employer and employee examinations and provides an employee means to obtain an examination by a physician of their choice at the employer’s expense. After a compensable injury, the employer may request the employee submit for examination at some reasonable time and place and as often as reasonably requested to a […]

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Annual Iowa Workers’ Compensation Symposium

The 54th Annual Iowa Workers’ Compensation Symposium is Wednesday, June 15, 2016 8:00 Am to Friday, June 17, 2016 12:00 PM in Des Moines, Iowa at the Des Moines Marriott Downtown. Multiple Baylor Evnen Iowa Workers’ Compensation attorneys will be attending. We encourage clients to attend as well as it geared towards both legal counsel […]

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Nebraska Workers’ Compensation Refresher: Occupational Disease

Nebraska Revised Statute § 48-101 provides that when personal injury is caused to an employee “by accident or occupational disease,” arising out of and in the course of his or her employment, such employee shall receive compensation, provided the employee was not willfully negligent at the time of receiving such injury. Occupational disease are “injuries” […]

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The Iowa Supreme Court Creates New Test for Employer Liability of Unrelated Medical Care Provided by Authorized Treating Physician

On April 22, 2016, The Iowa Supreme Court reversed the Iowa Court of Appeals’ decision in Ramirez-Trujillo v. Quality Egg, which held Quality Egg liable for a back surgery that was unrelated to the compensable work injury. The Court of Appeals previously upheld the District Court and Commissioner’s decision because Quality Egg did not withdraw […]

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