Archive | November, 2017

Nebraska Court of Appeals Elaborates on When a Relocated Employee’s New Post Accident Domicile Will Not Be Considered the “Hub” for Purposes of Assessment of Loss of Earning Capacity

Recently, in a common sense decision, the Nebraska Court of Appeals elaborated when a relocated employee’s “hub” for purposes of loss of earning capacity assessment will be the location of employment at the time of injury as opposed to the time of loss of earning capacity assessment. In Widel v. Lucile Duerr Hairstyling, Inc., the […]

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Nebraska Workers’ Compensation Maximum Income Benefit Increases to $831.00 Per Week

In a news release for the State of Nebraska Workers’ Compensation Court, effective January 1, 2018, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $831.00. This amount applies to work-related injuries and illnesses occurring on or after January 1, 2018. This amount equals 100 percent of the state average […]

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“The Nebraska Supreme Court adopts definitions for the terms ‘restore,’ ‘suitable employment,’ and ‘gainful employment.’”

“The Nebraska Supreme Court adopts definitions for the terms ‘restore,’ ‘suitable employment,’ and ‘gainful employment.’” The Nebraska Supreme Court recently addressed the meaning of the terms “restore,” “suitable employment,” and “gainful employment” as discussed in Neb. Rev. Stat. §48-162.01 in Anderson v. EMCOR Group, 298 Neb. 174 (2017). In this case, the Nebraska Workers’ Compensation […]

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“Over 90-days late? You’ll be time-barred.”

The Iowa Court of Appeals recently reviewed a district court’s decision upholding the workers’ compensation commissioner’s determination that an injured employee did not give timely notice of her work-related injury in Callahan v. Horseshoe Casino. Callahan claimed that she had back problems as a result of her employment, manifesting on October 10, 2011. One of […]

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The Nebraska Court of Appeals Reiterates that Factual Determinations of Causation Is an Issue Largely for the Trial Court

The Nebraska Court of Appeals recently decided the case of Hamilton v. United Parcel Service, which affirmed a Workers’ Compensation Court’s order dismissing Hamilton’s petition with prejudice. Hamilton was employed as a truck driver for United Parcel Service (UPS) for 12 years. In 2012, he went to the ER complaining of a headache, sore throat, […]

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