Archive | March, 2015

Refresher on Survivor Benefits in Iowa Workers Compensation

Unfortunately, there are times where a work accident results in the death of an employee. In those situations, assuming the accident was work related, ICA § 85.31 and its subsequent sections detail what benefits are oweable and to whom. Benefits are payable to the surviving spouse for life or until remarriage. Be aware that commutation […]

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Evidence Regarding Whether a Reasonable Controversy Exists

On February 20, the Nebraska Supreme Court ruled in Armstrong v. State, 290 Neb. 205, that evidence could be presented up until the time of trial to demonstrate a reasonable controversy existed at the time the employer denied workers’ compensation benefits.  In other words, the evidence is not just limited to the evidence available to […]

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Defining Employee under the Nebraska Workers’ Compensation Act

Under the Nebraska Workers’ Compensation Act, only employees are entitled to receive workers’ compensation benefits.  As this appears to be straight forward, a determination regarding whether an injured individual qualifies as an employee under the Act involves an inquiry into many variables. Employees, for purposes of the Act, include those persons that are in the […]

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Refresher on Statute Limitations for Iowa Workers’ Compensation Claims

                Occasionally, we will field questions regarding how long a Claimant has to file a claim for Iowa Workers’ Compensation benefits. Keep in mind that the requirement for providing notice of an accident is different than the timeframe that a Claimant has to file a workers’ compensation action before the Iowa Workers’ Compensation Commission. There are two distinct circumstances when […]

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