Archive | July, 2016

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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