reglab/housing_qa huggingface dataset:
NE Code § 48-178 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-178 - Hearing; judgment; when conclusive; record of proceedings; costs; payment.

48-178.  Hearing; judgment; when conclusive; record of proceedings; costs; payment.The judge shall make such findings and orders, awards, or judgments as the Nebraska Workers' Compensation Court or judge is authorized by law to make. Such findings, orders, awards, and judgments shall be signed by the judge before whom such proceedings were had. When proceedings are had before a judge of the compensation court, his or her findings, orders, awards, and judgments shall be conclusive upon all parties at interest unless reversed or modified upon appeal as hereinafter provided. A shorthand record or tape recording shall be made of all testimony and evidence submitted in such proceedings. The compensation court or judge thereof, at the party's expense, may appoint a court reporter or may direct a party to furnish a court reporter to be present and report or, by adequate mechanical means, to record and, if necessary, transcribe proceedings of any hearing. The charges for attendance shall be paid initially to the reporter by the employer or, if insured, by the employer's workers' compensation insurer. The charges shall be taxed as costs and the party initially paying the expense shall be reimbursed by the party or parties taxed with the costs. The compensation court or judge thereof may award and tax such costs and apportion the same between the parties or may order the compensation court to pay such costs as in its discretion it may think right and equitable. If the expense is unpaid, the expense shall be paid by the party or parties taxed with the costs or may be paid by the compensation court. The reporter shall faithfully and accurately report or record the proceedings.Source   Laws 1935, c. 57, § 13, p. 193;   C.S.Supp.,1941, § 48-174;   R.S.1943, § 48-178;   Laws 1945, c. 113, § 9, p. 367;   Laws 1986, LB 811, § 110;   Laws 1992, LB 360, § 20;  Laws 2005, LB 238, § 14;  Laws 2011, LB151, § 10. Annotations  Hearing before one judge is authorized. Shada v. Whitney, 172 Neb. 220, 109 N.W.2d 167 (1961). Where there is no increase or decrease in incapacity to work, award is conclusive unless reversed or modified on appeal. Riedel v. Smith Baking Co., 150 Neb. 28, 33 N.W.2d 287 (1948). When a judge of the compensation court enters a judgment which he is authorized by law to make, such judgment is conclusive on all parties at interest. Gilmore v. State, 146 Neb. 647, 20 N.W.2d 918 (1945). A party invoking the court's jurisdiction in a case where a court has jurisdiction of the subject matter is estopped to object thereto afterward. McCall v. Hamilton County Farmers Telephone Assn., 135 Neb. 70, 280 N.W. 254 (1938). Awards for compensation cannot be based on possibilities. O'Connor v. Abbott, 134 Neb. 471, 279 N.W. 207 (1938). Parties are entitled to a final determination of the character of the disability, the full amount to be recovered and times when this amount shall be paid. Dymak v. Haskins Bros. & Co., 132 Neb. 308, 271 N.W. 860 (1937).
NE Code § 48-178.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-178.01 - Payment of compensation when claimant's right to compensation not in issue.

48-178.01.  Payment of compensation when claimant's right to compensation not in issue.Whenever any petition is filed and the claimant's right to compensation is not in issue, but the issue of liability is raised as between an employer, a workers' compensation insurer, or a risk management pool or between two or more employers, workers' compensation insurers, or risk management pools, the Nebraska Workers' Compensation Court may order payment of compensation to be made immediately by one or more of such employers, workers' compensation insurers, or risk management pools. When the issue is finally resolved, an employer, workers' compensation insurer, or risk management pool held not liable shall be reimbursed for any such payments by the employer, workers' compensation insurer, or risk management pool held liable.Source   Laws 1971, LB 572, § 17;   Laws 1986, LB 811, § 111;   Laws 1987, LB 398, § 47;  Laws 2005, LB 238, § 15.  Cross References  Risk management pool, defined, see section 44-4303.Annotations  The Workers' Compensation Court has no jurisdiction to determine workers' compensation insurance coverage disputes. Thomas v. Omega Re-Bar, Inc., 234 Neb. 449, 451 N.W.2d 396 (1990). This section applies only where the claimant's right to recovery was not at issue and the compensation court has entered an order of immediate payment. Bryson v. Vickers, Inc., 7 Neb. App. 595, 584 N.W.2d 44 (1998).
NE Code § 48-186 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-186 - Accidents occurring outside state; hearing; location; exception.

48-186.  Accidents occurring outside state; hearing; location; exception.In all cases when the accident occurred outside of the State of Nebraska, the hearing before a judge of the Nebraska Workers' Compensation Court shall be at Lincoln, Nebraska, or in any other county in the state at the discretion of the compensation court, unless otherwise stipulated by the parties at least fourteen days before the date of hearing.Source   Laws 1935, c. 57, § 15, p. 195;   C.S.Supp.,1941, § 48-176;   R.S.1943, § 48-186;   Laws 1975, LB 187, § 15;   Laws 1986, LB 811, § 116;   Laws 1989, LB 261, § 1.  Annotations  Where accident occurred in another state, appeal was taken to district court for Lancaster County. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953). Nebraska act applies to workmen who are employed in Nebraska industries, even though injury may occur in performance of duties of workman in another state. McRae v. Ulrich, 147 Neb. 214, 22 N.W.2d 697 (1946).
NE Code § 48-187 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-187 - Filing fees; clerks of courts; what permitted.

48-187.  Filing fees; clerks of courts; what permitted.No filing fees shall be charged by the clerk of any court for any service required by the Nebraska Workers' Compensation Act except as provided in sections 48-138, 48-139, and 48-188.Source   Laws 1935, c. 57, § 14, p. 195;   C.S.Supp.,1941, § 48-175;   R.S.1943, § 48-187;   Laws 1959, c. 140, § 6, p. 548;   Laws 1961, c. 235, § 1, p. 694;   Laws 1961, c. 157, § 2, p. 481;   Laws 1986, LB 811, § 117;   Laws 1993, LB 757, § 28.  Annotations  No filing fee is required in workmen's compensation cases. Elliott v. Gooch Feed Mill Co., 147 Neb. 309, 23 N.W.2d 262 (1946). Filing fees for appeals under Workmen's Compensation Act are not required. Lee v. Lincoln Cleaning & Dye Works, 144 Neb. 659, 14 N.W.2d 227 (1944). All costs other than filing fees are taxable, and bond or cash deposit must be provided in perfecting appeal to Supreme Court. Hoffman v. State, 142 Neb. 821, 8 N.W.2d 200 (1943). The Workmen's Compensation Act, being complete and independent in itself, amends the statutory provisions heretofore existing relating to fees on filing appeals in Supreme Court, and filing fee is not required on filing appeal to Supreme Court in compensation case. Scott v. Dohrse, 130 Neb. 847, 266 N.W. 709 (1936).
NE Code § 48-188 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-188 - Order, award, or judgment; filed with district court; filing fee; effect.

48-188.  Order, award, or judgment; filed with district court; filing fee; effect.Any order, award, or judgment by the Nebraska Workers' Compensation Court, or any judge thereof, which is certified by the clerk of the compensation court or any order, award, or judgment made pursuant to the Nebraska Workers' Compensation Act by the Court of Appeals or Supreme Court which is certified by the Clerk of the Supreme Court may, as soon as the same becomes conclusive upon the parties at interest, be filed with the district court of any county or counties in the State of Nebraska upon the payment of a fee of two dollars to the clerk of the district court or courts where such order, award, or judgment is filed. Upon filing, such order, award, or judgment shall have the same force and effect as a judgment of such district court or courts and all proceedings in relation thereto shall thereafter be the same as though the order, award, or judgment had been rendered in a suit duly heard and determined by such district court or courts.Source   Laws 1935, c. 57, § 16, p. 196;   C.S.Supp.,1941, § 48-177;   R.S.1943, § 48-188;   Laws 1951, c. 153, § 2, p. 623;   Laws 1975, LB 187, § 16;   Laws 1986, LB 811, § 118;   Laws 1991, LB 732, § 113;  Laws 2005, LB 13, § 30.  Annotations  The date on which a workers' compensation court award is filed in a district court pursuant to this section is the date of the judgment for purposes of computing when the judgment becomes dormant under section 25-1515. Weber v. Gas `N Shop, 278 Neb. 49, 767 N.W.2d 746 (2009). The dormancy provisions of section 25-1515 apply to an award of the Nebraska Workers' Compensation Court which is filed in the district court pursuant to this section, and the date on which a workers' compensation award is filed in district court is the date of judgment for purposes of computing when the judgment becomes dormant. Allen v. Immanuel Med. Ctr., 278 Neb. 41, 767 N.W.2d 502 (2009). This section has a nunc pro tunc, or "now for then," effect. Koterzina v. Copple Chevrolet, 249 Neb. 158, 542 N.W.2d 696 (1996). Appellate award of attorney fees could be enforced under this section, where party had filed a copy of the award from the Workers' Compensation Court and had entered the appellate award into evidence. An award by the Supreme Court becomes "conclusive upon the parties" when it issues a mandate. Sherard v. State, 244 Neb. 743, 509 N.W.2d 194 (1993). Workmen's Compensation Act, being complete and independent in itself, amends statutes already existing relative to filing fees without violating the constitutional provision relating to amendments, and no filing fees are required in compensation cases. Scott v. Dohrse, 130 Neb. 847, 266 N.W. 709 (1936).
NE Code § 48-190 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-190 - Suit against state or governmental agency; summons; service.

48-190.  Suit against state or governmental agency; summons; service.The state and governmental agencies created by the state may be sued in the Nebraska Workers' Compensation Court upon claims for compensation benefits under the Nebraska Workers' Compensation Act in the same manner as provided by such act for suits against individuals and corporations. In such proceedings summons issued by the compensation court shall be served in the manner provided for service of a summons in section 25-510.02. The issuance and service of summons in such manner shall be binding upon the state and such agencies in such actions, and the Attorney General is hereby authorized and empowered to waive the issuance and service of summons and enter voluntary appearance in such suits against the State of Nebraska.Source   Laws 1940, Spec. Sess., c. 1, § 1, p. 53;   C.S.Supp.,1941, § 48-180;   R.S.1943, § 48-190;   Laws 1983, LB 447, § 70;   Laws 1986, LB 811, § 119;   Laws 1997, LB 165, § 3.
NE Code § 48-191 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-191 - Time; how computed.

48-191.  Time; how computed.Notwithstanding any more general or special law respecting the subject matter hereof, whenever the last day of the period within which a party to an action may file any document or pleading with the Nebraska Workers' Compensation Court, or take any other action with respect to a claim for compensation, falls on a Saturday, a Sunday, any day on which the compensation court is closed by order of the Chief Justice of the Supreme Court, or any day declared by statutory enactment or proclamation of the Governor to be a holiday, the next following day, which is not a Saturday, a Sunday, a day on which the compensation court is closed by order of the Chief Justice of the Supreme Court, or a day declared by such enactment or proclamation to be a holiday, shall be deemed to be the last day for filing any such document or pleading or taking any such other action with respect to a claim for compensation.Source   Laws 1955, c. 187, § 1, p. 535;   Laws 1986, LB 811, § 120;  Laws 2003, LB 760, § 16;  Laws 2011, LB151, § 14. Annotations The plain language of this section is broad enough to include not only transactions between a party and the court, but also transactions between the parties. Herrington v. P.R. Ventures, 279 Neb. 754, 781 N.W.2d 196 (2010).
NE Code § 48-192 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-192 - Purpose of sections.

48-192.  Purpose of sections.The Legislature declares that it is its intent and purpose through sections 48-192 to 48-1,109 to provide uniform procedures for the bringing of workers' compensation claims against the state, and that the procedures provided by sections 48-192 to 48-1,109 shall be used to the exclusion of all others.Source   Laws 1971, LB 390, § 1;   Laws 1986, LB 811, § 121.
NE Code § 48-193 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-193 - Terms, defined.

48-193.  Terms, defined.For purposes of sections 48-192 to 48-1,109, unless the context otherwise requires:(1) State agency shall include all departments, agencies, boards, courts, bureaus, and commissions of the State of Nebraska and corporations the primary function of which is to act as, and while acting as, instrumentalities or agencies of the State of Nebraska, including the University of Nebraska and the state colleges, but shall not include corporations that are essentially private corporations or entities created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. State agency shall not be construed to include any contractor with the State of Nebraska except and unless such contractor comes within the provisions of section 48-116;(2) Employee of the state shall mean any one or more officers or employees of the state or any state agency and shall include duly appointed members of boards or commissions when they are acting in their official capacity. State employee shall not be construed to include any employee of an entity created pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act or any contractor with the State of Nebraska unless such contractor comes within the provisions of section 48-116;(3) Workers' compensation claim shall mean any claim against the State of Nebraska arising under the Nebraska Workers' Compensation Act; and(4) Award shall mean any amount determined by the Risk Manager and the Attorney General to be payable to a claimant under sections 48-192 to 48-1,109 or the amount of any compromise or settlement under such sections.Source   Laws 1971, LB 390, § 2;   Laws 1986, LB 811, § 122;   Laws 1991, LB 6, § 1;   Laws 1991, LB 81, § 3;  Laws 1999, LB 87, § 75;  Laws 2019, LB418, § 2.  Cross References   Interlocal Cooperation Act, see section 13-801.  Joint Public Agency Act, see section 13-2501.
NE Code § 48-194 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-194 - Risk Manager; authority; Attorney General; duties.

48-194.  Risk Manager; authority; Attorney General; duties.The Risk Manager with the advice of the Attorney General shall have the authority to pay claims of all workers' compensation benefits when liability is undisputed. In any claims when liability or the amount of liability is disputed by the Attorney General, authority is hereby conferred upon the Attorney General to consider, ascertain, adjust, determine, and allow any workers' compensation claim. If any such claim is compromised or settled, the approval of the claimant, the Risk Manager, and the Attorney General shall be required and such settlements also shall be approved by the Nebraska Workers' Compensation Court following the procedure in the Nebraska Workers' Compensation Act.Source   Laws 1971, LB 390, § 3;   Laws 1972, LB 1334, § 1;   Laws 1981, LB 273, § 10;   Laws 1986, LB 811, § 123;   Laws 1993, LB 757, § 29;  Laws 2019, LB418, § 3.
NE Code § 48-195 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-195 - Rules and regulations.

48-195.  Rules and regulations.The risk management and state claims division of the Department of Administrative Services may, pursuant to the Administrative Procedure Act, adopt and promulgate such rules and regulations as are necessary to carry out sections 48-192 to 48-1,109.Source   Laws 1971, LB 390, § 4;   Laws 1986, LB 811, § 124;  Laws 2000, LB 1221, § 15;  Laws 2019, LB418, § 4.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 48-196 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-196 - State agency; handle claims; Attorney General; supervision.

48-196.  State agency; handle claims; Attorney General; supervision.The Risk Manager may delegate to a state agency the handling of workers' compensation claims of employees of that agency, under the supervision and direction of the Attorney General.Source   Laws 1971, LB 390, § 5;   Laws 1986, LB 811, § 125;  Laws 2000, LB 1221, § 16;  Laws 2019, LB418, § 5.
NE Code § 48-197 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-197 - Claims; filing; investigation; report.

48-197.  Claims; filing; investigation; report.All claims under sections 48-192 to 48-1,109 shall be filed with the Risk Manager. The Risk Manager shall immediately advise the Attorney General of the filing of any claim. It shall be the duty of the Attorney General to cause a complete investigation to be made of all such claims. Whenever any state agency receives notice or has knowledge of any alleged injury under the Nebraska Workers' Compensation Act, such state agency shall immediately file a first report of such alleged injury with the Nebraska Workers' Compensation Court and the Risk Manager and shall file such other forms as may be required by such court or the Risk Manager.Source   Laws 1971, LB 390, § 6;   Laws 1972, LB 1334, § 2;   Laws 1981, LB 273, § 11;   Laws 1986, LB 811, § 126;   Laws 1992, Third Spec. Sess., LB 14, § 2;  Laws 2019, LB418, § 6.
NE Code § 48-198 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-198 - Suits; filing; attorney's fee; expenses; allowance.

48-198.  Suits; filing; attorney's fee; expenses; allowance.Suits shall be brought in the Nebraska Workers' Compensation Court as set out in the Nebraska Workers' Compensation Act, and the compensation court shall in each case designate and allow the amount of the attorney's fee and expenses to be paid from, but not in addition to, the award or judgment to the attorney representing the employee or his or her personal representatives, except as provided in section 48-125.Source   Laws 1971, LB 390, § 7;   Laws 1986, LB 811, § 127.
NE Code § 48-199 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-199 - Suits; liability of state.

48-199.  Suits; liability of state.In all suits brought under sections 48-192 to 48-1,109, the state shall be liable in the same manner and to the same extent as a private individual under like circumstances, except that no writ of execution shall issue against the state or any state agency, and disposition of or offer to settle any claim made under sections 48-192 to 48-1,109 shall not be competent evidence of liability of the state or any employee or amount of damages.Source  Laws 1971, LB 390, § 8.Annotations  Under former law, in order to harmonize this section and sections 48-1,102 and 48-125 in the context of waiting-time penalties in a manner which is consistent with the overall purpose of the Nebraska Workers' Compensation Act, the Supreme Court holds that in order to avoid assessment of a waiting-time penalty with respect to that portion of a workers' compensation award against the State which exceeds $50,000, the State must request review and appropriation of such amount during the first legislative session following the date the award became final and must pay such amount within 30 calendar days after the approval of the appropriation by the Legislature. Soto v. State, 270 Neb. 40, 699 N.W.2d 819 (2005). One of the tests of compensability under the Workmen's Compensation Act, in cases related to recreational or social activities, is whether the employer derives substantial direct benefit from the activity. Kuethe v. State, 191 Neb. 167, 214 N.W.2d 380 (1974).
NE Code § 48-1,100 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-1,100 - Attorney General; represent state; duties; powers.

48-1,100.  Attorney General; represent state; duties; powers.The Attorney General shall represent the state in any suit brought under sections 48-192 to 48-1,109, and is authorized to compromise or settle any such suit, with the approval of the Nebraska Workers' Compensation Court.Source   Laws 1971, LB 390, § 9;   Laws 1975, LB 187, § 17;   Laws 1986, LB 811, § 128.
NE Code § 48-1,101 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-1,101 - Attorney General; delegation of powers and duties.

48-1,101.  Attorney General; delegation of powers and duties.The Attorney General may authorize the deputy attorney general in charge of the Claims Division of the Department of Justice to perform any of the duties imposed upon the Attorney General by sections 48-192 to 48-1,109, and may employ other persons, firms, or corporations to investigate claims under sections 48-192 to 48-1,109.Source  Laws 1971, LB 390, § 10.
NE Code § 48-1,102 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-1,102 - Award or judgment; payment; procedure.

48-1,102.  Award or judgment; payment; procedure.Any final, nonappealable award or judgment in favor of a claimant under sections 48-192 to 48-1,109 shall be certified by the Attorney General to the Risk Manager and to the Director of Administrative Services. The Director of Administrative Services shall promptly issue his or her warrant for payment of such award or judgment out of the Workers' Compensation Claims Revolving Fund, if sufficient money is available in such fund, except that no portion in excess of one hundred thousand dollars of any award or judgment shall be paid until such award or judgment has been reviewed by the Legislature and specific appropriation made therefor. Notice of any portion of an award or judgment in excess of one hundred thousand dollars shall be delivered by the Risk Manager to the chairperson of the Business and Labor Committee of the Legislature at the next regular session of the Legislature convening after the date the award or judgment becomes final and nonappealable. Delivery of any warrant in satisfaction of an award or judgment shall be made only upon receipt of a written receipt by the claimant in a form provided by the Attorney General.Source   Laws 1971, LB 390, § 11;   Laws 1986, LB 811, § 129;   Laws 1994, LB 1211, § 2;  Laws 2005, LB 13, § 31. Annotations  Under former law, in order to harmonize this section and sections 48-199 and 48-125 in the context of waiting-time penalties in a manner which is consistent with the overall purpose of the Nebraska Workers' Compensation Act, the Supreme Court holds that in order to avoid assessment of a waiting-time penalty with respect to that portion of a workers' compensation award against the State which exceeds $50,000, the State must request review and appropriation of such amount during the first legislative session following the date the award became final and must pay such amount within 30 calendar days after the approval of the appropriation by the Legislature. Soto v. State, 270 Neb. 40, 699 N.W.2d 819 (2005). Under former law, with respect to that portion of a workers' compensation award against the State which exceeds $50,000, the 30-day period specified in subsection (1) of section 48-125 does not begin until the first day after the judgment becomes final on which the State could request review and appropriation pursuant to this section during a regular session of the Legislature. A waiting-time penalty may be assessed pursuant to section 48-125 if payment is not made within 30 calendar days thereafter. Soto v. State, 269 Neb. 337, 693 N.W.2d 491 (2005).