Archive | November, 2013

ARE EMPLOYERS ALLOWED TO USE AN EMPLOYEE’S GENETIC INFORMATION TO MAKE EMPLOYMENT RELATED DECISIONS?

The simple answer is no. The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 U.S.C.A. §2000f, et seq., prohibits the use of genetic information in making decisions related to any terms, conditions, or privileges of employment (e.g. hiring, firing, and opportunities for advancement). GINA also restricts employers from requesting, requiring, or purchasing genetic information, with […]

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Average Weekly Wage Calculations: Not So Average

When handling workers’ compensation claims in Nebraska, once an injury is determined to be compensable, it should be easy to determine the employee’s average weekly wage (AWW) for purposes of calculating the payment of indemnity benefits. It’s simple math, right? In continuous employment situations, an employee’s AWW is based upon the hours worked and the […]

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The Court of Appeals of Iowa Elaborates on What Evidence Can Be Considered by the Workers’ Compensation Commissioner in Determining Permanent Impairment in a Scheduled Member Case

In Horn v. Cummins Filtration/Lake Mills, 2013 WL 595 1216, The Court of Appeals of Iowa elaborated what evidence it could consider in determining permanent partial disability benefits for a scheduled member case. In essence, the Court of Appeals of Iowa was faced with varying impairment ratings for the claimant’s upper extremity injury. Additionally, the […]

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The Court of Appeals of Iowa Provides Clarification When It Has Jurisdiction to Consider a Claimant’s Petition for Alternate Medical Care and When it is Compelled to Mandatorily Dismiss the Same

Recently, in Cooksey v. Cargill, Inc., 2013 WL 5508539 (Iowa.App.2013), the Court of Appeals of Iowa clarified when it was appropriate for the Iowa Workers’ Compensation Commissioner to consider a claimant’s Petition for Alternate Medical Care. Under I.C.A. §85.27, the employer has the right to direct medical care for accepted workers’ compensation injuries filed in […]

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Employers Still Obligated to Pay Temporary Benefits after Injured Employee Quits

Accommodating light duty work restrictions often allows employers to limit the award of temporary disability benefits. It is often argued that temporary benefits are not due when an injured employee fails to avail himself of light duty work offered by the employer. But what happens if an employee voluntarily leaves the employer of injury to […]

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