NE Code § 48-161 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-161 - Disputed claims; submission to court required; court; jurisdiction of ancillary issues.

48-161.  Disputed claims; submission to court required; court; jurisdiction of ancillary issues.All disputed claims for workers' compensation shall be submitted to the Nebraska Workers' Compensation Court for a finding, award, order, or judgment. Such compensation court shall have jurisdiction to decide any issue ancillary to the resolution of an employee's right to workers' compensation benefits, except that jurisdiction with respect to income withholding pursuant to the Income Withholding for Child Support Act shall be as provided in such act, jurisdiction with respect to garnishment for support shall be as provided in sections 25-1009 to 25-1056 and 43-512.09, and jurisdiction with respect to administrative attachment and bank matching shall be as provided in sections 43-3328 to 43-3339.Source   Laws 1935, c. 57, § 11, p. 191;   C.S.Supp.,1941, § 48-172;   R.S.1943, § 48-161;   Laws 1986, LB 811, § 92;   Laws 1990, LB 313, § 3;   Laws 1993, LB 523, § 25;   Laws 1997, LB 752, § 125.  Cross References  Income Withholding for Child Support Act, see section 43-1701.Annotations  1. Jurisdiction 2. Miscellaneous 1. Jurisdiction A contractual dispute over private agreements for disability coverage that is not workers' compensation coverage is not ancillary to the Workers' Compensation Court's primary jurisdiction. Bower v. Eaton Corp., 301 Neb. 311, 918 N.W.2d 249 (2018). Ancillary jurisdiction does not include the power to enforce an award. Burnham v. Pacesetter Corp., 280 Neb. 707, 789 N.W.2d 913 (2010). Ancillary jurisdiction is the power of a court to adjudicate and determine matters incidental to the exercise of its primary jurisdiction of an action. Midwest PMS v. Olsen, 279 Neb. 492, 778 N.W.2d 727 (2010). The final resolution of an employee's right to workers' compensation benefits does not preclude an issue from being ancillary to the resolution of the employee's right to benefits within the meaning of this section. Midwest PMS v. Olsen, 279 Neb. 492, 778 N.W.2d 727 (2010). While, under this section, the compensation court may determine the existence of insurance, such jurisdiction is not exclusive and such a determination is not mandatory. Risor v. Nebraska Boiler, 274 Neb. 906, 744 N.W.2d 693 (2008). This section provides the Workers' Compensation Court with jurisdiction to determine insurance disputes in workers' compensation claims, including the existence of coverage and the extent of an insurer's liability. According to the terms of this section, that jurisdiction is not exclusive, however, and the district court may also exercise its inherent jurisdiction for these purposes. Schweitzer v. American Nat. Red Cross, 256 Neb. 350, 591 N.W.2d 524 (1999). 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). The Nebraska Workmen's Compensation Court has exclusive jurisdiction in actions arising under the Workmen's Compensation Act. Peak v. Bosse, 202 Neb. 1, 272 N.W.2d 750 (1978). Although the Workers' Compensation Court has jurisdiction to decide ancillary matters to a workers' compensation claim, an award of attorney fees for the creation of a common fund is not within such ancillary jurisdiction when the entity from which such fees are sought is not a party to the case. Heesch v. Swimtastic Swim School, 20 Neb. App. 260, 823 N.W.2d 211 (2012). Even though this section vests the Nebraska Workers' Compensation Court with jurisdiction to decide issues ancillary to an employee's right to workers' compensation benefits, such jurisdiction is not exclusive and a district court has jurisdiction to hear a declaratory judgment action regarding a workers' compensation insurance policy coverage dispute. Kruid v. Farm Bureau Mut. Ins. Co., 17 Neb. App. 687, 770 N.W.2d 652 (2009). Although, as a statutorily created court, the Workers' Compensation Court is a tribunal of limited and special jurisdiction and has only such authority as has been conferred on it by statute, under this section, the compensation court has jurisdiction to decide any issue ancillary to the resolution of an employee's right to workers' compensation benefits. Nerison v. National Fire Ins. Co. of Hartford, 17 Neb. App. 161, 757 N.W.2d 21 (2008). 2. Miscellaneous Employer may initiate workmen's compensation proceeding. Fidelity & Casualty Co. v. Kennard, 162 Neb. 220, 75 N.W.2d 553 (1956). An award of compensation cannot be sustained if based upon possibilities, probabilities, conjectural or speculative evidence. Hamilton v. Huebner, 146 Neb. 320, 19 N.W.2d 552 (1945). In disputed claim for compensation, compensation court could make award for injuries in cases not covered by the schedule of compensation. Wilson v. Brown-McDonald Co., 134 Neb. 211, 278 N.W. 254 (1938). An agreement to pay compensation must be approved by compensation commissioner or compensation court or it is void. Duncan v. A. Hospe Co., 133 Neb. 810, 277 N.W. 339 (1938). Right of either party to refuse award or judgment of compensation commissioner and demand retrial before compensation court is paramount to and exclusive of right of appeal to district court from such decision. City of Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576 (1937).