Iowa has released the new Maximum and Minimum Benefit Rates under ICA §§ 85.31, 85.34, 85.37, 85.61(9) for injuries occurring July 1, 2017 through June 30, 2018, as well as an updated mileage rate. The injured employees weekly benefit rate is based on 80% of the employee’s weekly spendable earnings but is not to exceed […]
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Maximum and Minimum Benefit Rate Update and Mileage Rate Update
July 24, 2017 
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Nebraska Supreme Court Issues Strong Opinion on Employers’ Subrogation Rights Pursuant to Neb. Rev. Stat. § 48-118
July 17, 2017 Comments Off on Nebraska Supreme Court Issues Strong Opinion on Employers’ Subrogation Rights Pursuant to Neb. Rev. Stat. § 48-118
Recently, the Nebraska Supreme Court issued a strong opinion in favor of employers’ subrogation rights in Kroemer v. Omaha Track Equipment LLC, 296 Neb. 972 (2017). As you may be aware from some of our prior blog entries, the Nebraska Court of Appeals in an earlier case, in re Estate of Evertson, had essentially indicated […]
Continue readingKids’ Chance of Nebraska
May 30, 2017 Comments Off on Kids’ Chance of Nebraska
Baylor Evnen encourages you to take part in the Kids’ Chance of Nebraska Golf outing on Thursday, July 20, 2017 at Iron Horse Club in Ashland, Nebraska. This is a wonderful opportunity for organizations to show their support for a great cause. Kids’ Chance of Nebraska is a nonprofit organization that raises money to award […]
Continue readingRefreshers on Treatment of Non-Typical Employees under Nebraska Workers’ Compensation Law
May 12, 2017 Comments Off on Refreshers on Treatment of Non-Typical Employees under Nebraska Workers’ Compensation Law
Occasionally, we will receive questions regarding who actually constitutes an “employee” pursuant to Neb. Rev. Stat. § 48-115. Often times, these questions will be directed towards owner/operators/officers of a corporation. Neb. Rev. Stat. § 48-115(9) notes that executive officers of a corporation who own less than 25% of the common stock are considered employees of […]
Continue readingNebraska Workers’ Compensation Attorney Dallas J. Jones Inducted Into College of Workers’ Compensation Lawyers
March 20, 2017 Comments Off on Nebraska Workers’ Compensation Attorney Dallas J. Jones Inducted Into College of Workers’ Compensation Lawyers
Baylor Evnen congratulates Nebraska workers’ compensation attorney Dallas J. Jones on his 2017 induction into the College of Workers’ Compensation Lawyers. This is an honor bestowed on practitioners and judges in the workers’ compensation field who have demonstrated exceptional service and capabilities in workers’ compensation. If you’d like to congratulate Dallas Jones or speak with […]
Continue readingEmployers Voice Opposition to LB 147
March 8, 2017 Comments Off on Employers Voice Opposition to LB 147
Recently, a bill was introduced by State Senator Hansen which would require employers in Nebraska and/or insurers to pay an additional 30 days of benefits to employees even in situations where no work restrictions are assigned. Essentially, LB 147 indicates that for purposes of providing “fair notice” if disability benefits are being paid, a worker […]
Continue readingNebraska Court of Appeals Takes Issue With Trial Court’s Factual Findings in Recent Case
March 2, 2017 Comments Off on Nebraska Court of Appeals Takes Issue With Trial Court’s Factual Findings in Recent Case
The Nebraska Court of Appeals recently decided the case of Hintz vs Farmers’ Cooperative Association, which appears to represent a departure from the normal standards of review applicable to workers’ compensation appeals. In the decision filed February 28, 2017, the Court of Appeals reversed the trial court’s decision that the plaintiff was not entitled to […]
Continue readingBaylor Evnen Attorney, Amanda M. Phillips, appointed Board Member of Nebraska CLM Chapter
February 13, 2017 Comments Off on Baylor Evnen Attorney, Amanda M. Phillips, appointed Board Member of Nebraska CLM Chapter
Ms. Phillips has been appointed Assistant Director of Events and will assist with coordinating and planning local networking and educational events. The CLM is the largest professional association in the insurance industry with a membership of more than 35,000 professionals in the claims resolution and litigation management industries. Founded in 2007, the CLM membership benefits […]
Continue readingNWCEF Annual Educational Seminar & Business Meeting
January 12, 2017 Comments Off on NWCEF Annual Educational Seminar & Business Meeting
The annual Nebraskans for Workers’ Compensation Equity & Fairness Seminar & Business meeting will take place Tuesday, January 24, 2017 at the Cornhusker Lincoln Marriott Hotel. Following the seminar and meeting will be a special reception featuring Nebraska State Senators. Baylor Evnen Nebraska Workers’ Compensation attorneys Dallas Jones, Caroline Westerhold, and Paul Barta will be participating […]
Continue readingThe Nebraska Workers’ Compensation Court Elaborates On What Factors To Consider When Determining Whether An Injury Is “Latent and Progressive” For Purposes of the Statute of Limitations
December 27, 2016 Comments Off on The Nebraska Workers’ Compensation Court Elaborates On What Factors To Consider When Determining Whether An Injury Is “Latent and Progressive” For Purposes of the Statute of Limitations
Recently, the Nebraska Court of Appeals affirmed a dismissal of a Claimant’s action based on the statute of limitations defense when it found that a Claimant’s injury was not “latent and progressive” and therefore, did not toll the statute of limitations. In Allen v Boon Brothers Roofing, the Claimant alleged that he incurred respiratory injuries […]
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