Archive | December, 2013

Who is an Employee?

At first glance, the question appears simple. However, the determination of whether an injured person qualifies as an employee for purposes of the Nebraska Workers’ Compensation Act depends on many variables and can be complicated. Generally, the stronger the relationship between the worker’s duties and the normal business of the employer, the closer it comes […]

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Iowa Workers’ Compensation Commissioner SuggestsThat Deep Venous Thrombosis is a Body-As-A-Whole Injury, Even If Limited to a Schedule Member

Recently, in Raymond v Menard, Inc., File No. 5039009 (Dec. 18, 2013), the Iowa Workers’ Compensation Commissioner determined that a claimant whose deep venous thrombosis was aggravated or caused by work-related conditions would be entitled to assessment of industrial disability and that permanent partial disability benefits were not limited as a scheduled member injury. The […]

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Good Information for Employers To Know: Practical Examples Of Genetic Tests That Are Covered By GINA

It is important for employers to know what constitutes a “genetic test” under GINA because GINA restricts employers from requesting, requiring or purchasing genetic testing information, with limited exceptions. “Genetic tests” are defined by GINA as an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. 29 C.F.R. […]

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Considering Purchasing a Company? You May Face a Higher Workers’ Compensation Insurance Rate

The purchase of a company has always been a complicated legal undertaking, and on November 15, 2013, the Nebraska Supreme Court made it even more complex.  In Gridiron Management Group, LLC, v. Travelers Indemnity Company, __ N.W.2d __ (2013), the Nebraska Supreme Court ruled that when the newly-formed Gridiron Management Group purchased the assets of […]

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Iowa Supreme Court Holds That Undocumented Workers Can Be Entitled to Healing Period Benefits Under the Iowa Workers’ Compensation Act

Recently, the Supreme Court of Iowa was faced with the issue of whether the Iowa Workers’ Compensation Commissioner could award an undocumented worker healing period benefits (wage replacement) pursuant to the Iowa Workers’ Compensation Act. In Staff Management v. Jimenez, 2013 WL 6037119 (Supreme Court of Iowa), an undocumented worker alleged that she incurred a […]

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