Recently, the Nebraska Supreme Court was faced with the issue as to whether there is a 30 day payment period and/or exposure for penalties for failure to pay within that period for settlements arising out of Release Waivers. In Dragon v Cheesecake Factory, the issue essentially came down to whether the penalty provisions arising out […]
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Nebraska Supreme Court Affirms that 30 Day Payment Period and Penalties Apply Towards Settlements via Release Waiver
July 30, 2018 
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Nebraska Court of Appeals Addresses When Unrelated Medical Care May be Compensable to Treat a Related Condition
June 29, 2018 Comments Off on Nebraska Court of Appeals Addresses When Unrelated Medical Care May be Compensable to Treat a Related Condition
Recently, the Nebraska Court of Appeals in Carr v. GNH Farms was faced with the issue of when an unrelated medical condition would be considered compensable in order to treat a work related injury. In Carr, a Plaintiff was recommended to undergo an accident related medical procedure. However, before he could do so, a physician […]
Continue readingNebraska Workers’ Compensation Refresher on Vocational Rehabilitation
June 1, 2018 Comments Off on Nebraska Workers’ Compensation Refresher on Vocational Rehabilitation
Often times, we received questions in Nebraska regarding vocational rehabilitation. Vocational rehabilitation benefits are appropriate when an injured employee is unable to return to the work for which he or she has previous training or experience. Hagelstein v. Swift-Eckrich Division of ConAgra, 261 Neb. 305, 622 N.W.2d 663 (2001). The statutory entitlement to vocational rehabilitation […]
Continue readingMileage Reimbursement Rates
April 4, 2018 Comments Off on Mileage Reimbursement Rates
As many employers/insurers are aware – mileage reimbursement may be required for Plaintiffs having to travel for compensable medical care. The Nebraska Workers’ Compensation Court recently noted that for 2018, the mileage rate is $0.545 per mile for travel related to compensable medical care or while participating in a vocational rehabilitation plan. If you have […]
Continue readingCourt of Appeals Affirms Inclusion of Room and Board Expenses in Average Weekly Wage for Omaha Beef Player
February 26, 2018 Comments Off on Court of Appeals Affirms Inclusion of Room and Board Expenses in Average Weekly Wage for Omaha Beef Player
On February 20, 2017, the Court of Appeals issued an opinion in Foster-Rettig v. Indoor Football Operating, L.L.C., 25 Neb. App. 551, affirming Judge Fridrich’s calculation of an Omaha Beef football player’s average weekly wage that included estimated costs for lodging and meals. Indoor Football appealed alleging Judge Fridrich erred in his calculation by using […]
Continue readingNebraska Court of Appeals Details Necessary Evidence for Relation of Medical Bills
February 22, 2018 Comments Off on Nebraska Court of Appeals Details Necessary Evidence for Relation of Medical Bills
In the recent decision of Escobar v. JBS USA, the Nebraska Court of Appeals held that the Workers’ Compensation Court erred in ordering JBS to pay for hospital expenses that the trial court “was not familiar with, could not find documentation in the medical records to explain the charge, or were for treatment for the […]
Continue readingBaylor Evnen Attorneys Present at Nebraskans for Workers’ Compensation Equity and Fairness Seminar
February 13, 2018 Comments Off on Baylor Evnen Attorneys Present at Nebraskans for Workers’ Compensation Equity and Fairness Seminar
Recently, Baylor Evnen attorneys Dallas Jones, Jennifer Caswell, and Paul Barta were presenters at the Nebraskans for Workers’ Compensation Equity and Fairness Seminar. NWCEF is a group that advocates for employer’s rights and a more equitable workers’ compensation system in Nebraska. Dallas Jones presented on Nebraska workers’ compensation law regarding aggravation of preexisting conditions. Jennifer […]
Continue readingNebraska Workers’ Compensation Court Releases the 75th Annual Report
January 8, 2018 Comments Off on Nebraska Workers’ Compensation Court Releases the 75th Annual Report
Recently, the Nebraska Workers’ Compensation Court released its 75th Annual Report for the fiscal year of 2017. In this it provided updates regarding general filing statistics. The complete report can be found at http://www.wcc.ne.gov/publications/annualreport_fy2017.pdf. This report covers the fiscal year from July 1, 2016 through June 30, 2017. The report discusses the adoption of court […]
Continue readingNebraska 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
November 30, 2017 Comments Off on 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 […]
Continue readingNebraska Workers’ Compensation Maximum Income Benefit Increases to $831.00 Per Week
November 20, 2017 Comments Off on 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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