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is located in downtown Lincoln, Nebraska at Wells Fargo Center, 1248 O Street, Suite 600.
 
Baylor Evnen is a full service law firm, serving individuals as well as small businesses. The firm has extensive experience in both civil and criminal litigation, estate planning, probate, real estate, commercial and corporate law
In the October 2013 Issue:
Temporary Benefits When an Employee Voluntarily Leaves
The Court of Appeals of Iowa Clarification:When It Has Jurisdiction to Consider a Claimant's Petition for Alternate Medical Care and When it is Compelled to Mandatorily Dismiss the Same
Baylor Evnen Annual Client Seminar
Update on Omaha Office
To Tax or Not to Tax, That is the Question:The Supreme Court Takes up Case to Consider Whether Severance Agreements are Subject to FICA Taxes
Notes from the Firm
 

Temporary Benefits When an Employee Voluntarily

Leaves to Pursue Other Employment

By Brenda S. Spilker 
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Accommodating light duty work restrictions often allows employers to limit the award of temporary disability benefits. It is often argued that temporary benefits are not due when an injured employee fails to avail himself of light duty work offered by the employer. But what happens if an employee voluntarily leaves the employer of injury to pursue a job with a different employer? In the recent case of Zwiener v. Becton Dickinson-East, the Nebraska Supreme Court held that an employee who is injured through the course of his employment, and then leaves to pursue another job, does not waive temporary total disability benefits simply because the employer responsible for the injury could have accommodated light duty restrictions had the employee continued working there.

 
  
 

The Court of Appeals of Iowa Clarification:

When It Has Jurisdiction to Consider a Claimant's Petition for Alternate Medical Care and When it is Compelled to Mandatorily Dismiss the Same

By Paul T. Barta
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Recently, in Cooksey v. Cargill, Inc., 2013 WL 5508539 (Iowa.App.2013), the Court of Appeals of Iowa clarified when it was appropriate for the Iowa Workers' Compensation Commissioner to consider a claimant's Petition for Alternate Medical Care. Under I.C.A. �85.27, the employer has the right to direct medical care for accepted workers' compensation injuries filed in Iowa. However, I.C.A. �876-4.48 does provide an injured worker in an accepted claim the right to petition the Workers' Compensation Commissioner for alternate medical care. Practically speaking, this provision typically arises when the claimant is dissatisfied with the employer-directed care or alleges that the employer has "abandoned" direction of care.

 

Read More....

 
 
Baylor Evnen Annual Client Seminar

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Workers' Compensation and Employment Law topics will be the focus of the March 20, 2014 Baylor Evnen seminar. We are excited this year to host the seminar at the Embassy Suites in LaVista. More details will be in the January Newsletter, so stay tuned!

 

 

Update on Omaha Office
By Andrew M. Loudon

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On September 1, Baylor Evnen opened a new satellite office in Omaha, located at One Pacific Place at 103rd and Pacific Streets. Partner Peter Katt is in the Omaha office full-time working with real estate and land use clients.  Partner Andrew Loudon is in the Omaha office every Thursday, working with trusts and estates clients.  Our existing Omaha area clients are very pleased with our move into the Metro area.

   

   

To Tax or Not to Tax, That is the Question: The Supreme Court Takes up Case to Consider Whether Severance Agreements are Subject to FICA Taxes

By Robert B. Seybert

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Last month, the United States Supreme Court agreed to consider whether severance payments made to terminated employees are subject to FICA taxes (Social Security and Medicare taxes). In United States v. Quality Stores, Inc., No. 10-1563 (6th Cir. Sept. 7, 2012), the 6th Circuit Court of Appeals affirmed a lower court's ruling that severance payments were not considered wages, thus, they were not subject to FICA taxes. Based on this ruling, the Internal Revenue Service requested review.

 

Read More....   

 

BAYLOR EVNEN NOTES FROM THE FIRM

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Baylor Evnen | in the Community 
Baylor Evnen is proud to support law mentoring through the University of Nebraska Women Alumni organization, Cather Circle.  Cather Circle has grown as a women's alumni/collegiate mentoring organization for a number of years.  Baylor Evnen is providing a three year sponsorship to Cather Circle for the expansion of the organization to include: membership for women law students; underwriting the cost of the motivational keynote speaker at the fall Cather Circle meeting; and providing a reception for student networking with law faculty, law students and Baylor Evnen attorneys. 
This sponsorship is a means to honor our former partners Robert T. Grimit, Donald R. Witt, M. Douglas Deitchler, and Walter E. Zink II,  all now Of Counsel with the firm. Each of these four attorneys were  inclusive and broadminded in their mentoring of lawyers and provided the foundation for the advancement of women attorneys to partnership and firm management as can be seen in the firm letterhead today.

 

  

Baylor Evnen | Congratulations

The firm welcomes three new Associate Attorneys:

Brett E. Ebert, with the Trust & Estates Practice GroupNoah J. Heflin with the Litigation Practice Group and Sara M. Hughes with the Workers' Compensation Practice Group.  

 

    

 

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Disclaimer:  The matters referenced above in the "Baylor | in the Courtroom" section are merely a synopsis of the cases tried, mediated or argued by the attorneys of Baylor Evnen.  They should not be considered advice or projections of the outcomes of any types of cases.  Additionally, the above is for informational purposes only and should not be used or considered in evaluating any specific cases or circumstances.

 

Content reflects the firm's opinions and views on general issues. It is not legal advice and cannot replace consultations with an attorney on specific matters. The Baylor Evnen newsletter provides substantive information that may assist you with current issues. It may be considered advertising under the rules of the Nebraska Supreme Court. 

 

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