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Newsletter from Baylor Evnen.....
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Wells Fargo Center
1248 O Street
Suite 600
Lincoln, NE 68508
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One Pacific Place
1125 S.103rd Street
Suite 400
Omaha, NE 68124
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Baylor Evnen, in Lincoln for over 100 years and now in Omaha.
Providing comprehensive legal services for businesses, families and individuals.
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EMPLOYEE'S ABILITY TO RECOVER BENEFITS BASED ON A LOSS OF EARNING POWER FOR MULTIPLE SCHEDULED MEMBER INJURIES IN ONE ACCIDENT, NOW MADE EASIER BY THE NEBRASKA SUPREME COURT
By: Darla S. Ideus
The Nebraska Legislature amended the Nebraska Workers' Compensation Act in 2007 with L.B. 588, adding a provision at Neb. Rev. Stat. � 48-121(3) that employees suffering injuries to more than one scheduled member in the same accident may be entitled to benefits based upon a loss of earning power if: (1) In the Compensation Court's discretion, benefits payable per the schedule do not adequately compensate the employee; and (2) the employee's loss or loss of use results in at least a 30% loss of earning capacity.
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PARTY TO A LAWSUIT:
FIVE THINGS TO KNOW WHEN YOU JOIN
THE "LITIGANT CLUB"
By: Gail S. Perry
Virtually no one I have ever represented told me they aspired to someday be involved in litigation. They were either sued by someone else or could not resolve a dispute short of a lawsuit. Either way, there was no real choice. They were reluctant members of the "Litigant Club".
Read More....
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KIDS' CHANCE OF NEBRASKA
Baylor Evnen is proud to be not only instrumental in the recent formation of the Nebraska Chapter of Kids' Chance, www.kidschanceofne.org , but to also contribute financially to this worthy organization.
Kids' Chance of Nebraska is a non-profit, established for the sole purpose of awarding scholarships to children of employees who have been severely disabled or killed in workplace accidents. Baylor Evnen partner Dallas Jones is one of the founders and the first president of the organization. As a workers' compensation attorney for many years, Dallas understands the impact on families when a parent is significantly disabled or killed in a workplace accident. He also understands the value of education and its profound power to improve the lives of those who have it.
Kids' Chance of Nebraska is funded by donations from all stakeholders in the workers' compensation system, including employers, organized labor, plaintiff and defense attorneys, insurers, third- party administrators, vocational rehabilitation specialists, and medical care providers. The organizational goal is to raise $100,000 by the end of 2014, and award scholarships to be used for the 2015 academic calendar year.
If you or your organization would like more information or wish to make a donation, please contact Dallas at [email protected].
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WHAT EMPLOYERS NEED TO KNOW ABOUT THE EEOC'S NEW PREGNANCY DISCRIMINATION
ENFORCEMENT GUIDELINES
By: Robert B. Seybert
The Equal Employment Opportunity Commission ("EEOC") recently issued new enforcement guidelines on the treatment of pregnant employees under the federal Pregnancy Discrimination Act ("PDA"), a 1978 amendment to Title VII of the Civil Rights Act, and most of the federal workplace laws touching on pregnancy. It has been more than 30 years, with the 1983 release of pregnancy-related materials, since the EEOC has released guidelines on this important topic.
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Workers' Compensation Claimant Awarded Wheelchair-Accessible Van and Compensation for Spouse's "On Call" In-Home Health Care
By: Caroline M. Westerhold & Sara M. Hughes
In July 2014, the Nebraska Supreme Court expanded the definition of "medical, surgical, and hospital services... [and] appliances," as set out in Neb. Rev. Stat. �48-120(1)(a), to include a new type of appliance: wheelchair-accessible vans. In Simmons v. Precast Haulers, Inc., 288 Neb. 480, __ N.W.2d __ (2014), the Court awarded a wheelchair-accessible van as a result of a workers' compensation claim in which the employee (Simmons) sustained extensive injuries when he was run over by a fully-loaded tractor-trailer.
Read More....
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BAYLOR EVNEN | NOTES FROM THE FIRM
Baylor Evnen | in the Community
Jenny Panko coordinated the Kinder Parade for the children of Syracuse, NE for the annual Germanfest celebration. Over 45 children participated in the parade, with this year's theme "All-Star Sports". Baylor Evnen provides treats for the participants and is proud to support Syracuse in many community related events.
Baylor Evnen | in the Profession
In July, Robert B. Seybert received his Professional in Human Resources (PHR) certification. The PHR certification demonstrates mastery of the technical and operational aspects of HR practices and U.S. laws and regulations. Before law school, Mr. Seybert worked as the Operations Manager at the Hyatt Place in Tulsa, Oklahoma. With his past work experience, current employment law expertise and now further certification in Human Resources, Mr. Seybert is able to provide real-world application of forward-thinking HR principles to clients with employment law issues.
Andrew M. Loudon has been elected to the Board of Trustees of Clark Jeary Retirement Community in South Lincoln. Clark Jeary, a longtime Lincoln retirement and assisted living facility, is owned by the Presbyterian Foundation of Nebraska and is a mission of the Presbyterian Church (USA)."
Torrey J. Gerdes is now admitted to practice law in Iowa as well as Nebraska. Ms. Gerdes' practice includes litigation for insurance defense, commercial and personal injury cases. She joins Baylor Evnen attorneys Randall L. Goyette, Timothy E. Clarke, Caroline M. Westerhold, Paul T. Barta, Colin M. Mues, Robert B. Seybert, Noah J. Heflin and Sara M. Hughes also admitted to practice in Iowa.
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In an effort to consider the environment, you are encouraged to not print the newsletter. However, if you do choose to print an article, we recommend that you click the link to view the article as a PDF before printing.
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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