reglab/housing_qa huggingface dataset:
NE Code § 48-118.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-118.02 - Third-party claims; expenses and attorney's fees; apportionment.

48-118.02.  Third-party claims; expenses and attorney's fees; apportionment.If either party after receiving notice under section 48-118.01 fails, by and through his or her attorney, to join in the third-party claim or suit, such party waives any and all claims or causes of action for improper prosecution of the third-party suit or inadequacy of a settlement made in accordance with section 48-118.04. The party bringing the claim or prosecuting the suit is entitled to deduct from any amount recovered the reasonable expenses of making such recovery, including a reasonable sum for attorney's fees. Such expenses and attorney's fees shall be prorated (1) to the amounts payable to the employer or his or her workers' compensation insurer under the right of subrogation established in section 48-118 and (2) to the amount in excess of such amount payable to the employer or his or her workers' compensation insurer under the right of subrogation. Such expenses and attorney's fees shall be apportioned by the court between the parties as their interests appear at the time of such recovery.Source Laws 2005, LB 13, § 24. Annotations  This section and sections 48-118 through 48-118.04 should be read as a whole. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016). When an employer has a subrogation interest in the recovery in a worker's third-party claim, the party bringing the claim or prosecuting the suit is entitled to deduct from any amount recovered the reasonable expenses of making such recovery, including a reasonable sum for attorney fees. Sterner v. American Fam. Ins. Co., 19 Neb. App. 339, 805 N.W.2d 696 (2011).
NE Code § 48-118.03 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-118.03 - Third-party claims; failure to give notice; effect.

48-118.03.  Third-party claims; failure to give notice; effect.If either party makes a claim or prosecutes a third-party action without giving notice to the other party, the party bringing the claim and prosecuting such action shall not deduct expenses or attorney's fees from the amount payable to the other party.Source Laws 2005, LB 13, § 25. Annotations This section and sections 48-118 through 48-118.04 should be read as a whole. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016).
NE Code § 48-118.05 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-118.05 - Third-party claims; Workers' Compensation Trust Fund; subrogation rights.

48-118.05.  Third-party claims; Workers' Compensation Trust Fund; subrogation rights.In any case in which an injured employee is entitled to benefits from the Workers' Compensation Trust Fund for injuries occurring before December 1, 1997, as provided in section 48-128 and recovery is had against the third party liable to the employee for the injury, the Workers' Compensation Trust Fund shall be subrogated to the rights of the employee against such third party to the extent of the benefits due to him or her or which shall become due to him or her from such fund, subject to the rights of the employer and his or her workers' compensation insurer.Source Laws 2005, LB 13, § 27.
NE Code § 48-119 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-119 - Compensation; from what date computed.

48-119.  Compensation; from what date computed.No compensation shall be allowed for the first seven calendar days of disability, except as provided in section 48-120, but if disability extends beyond the period of seven calendar days, compensation shall begin on the eighth calendar day of disability, except that if such disability continues for six weeks or longer, compensation shall be computed from the date disability began. For purposes of this section, a partial day of disability shall be deemed a calendar day of disability.Source   Laws 1913, c. 198, § 19, p. 585;   R.S.1913, § 3660;   Laws 1917, c. 85, § 5, p. 202;   Laws 1921, c. 122, § 1, p. 520;   C.S.1922, § 3042;   C.S.1929, § 48-119;   R.S.1943, § 48-119;  Laws 1999, LB 216, § 2.  Annotations  For scheduled disabilities caused by repetitive trauma, the date disability begins is the same as the date of injury for whole body impairments caused by repetitive trauma. That date is when the employee discontinues work and seeks medical treatment, despite being paid wages while he continued to work. Risor v. Nebraska Boiler, 277 Neb. 679, 765 N.W.2d 170 (2009). Compensation is to be computed from the date of the injury. Hobza v. Seedorff Masonry, Inc., 259 Neb. 671, 611 N.W.2d 828 (2000). After injury has continued for six weeks, compensation should be computed from date of injury. Park v. School District No. 27, Richardson Cty., 127 Neb. 767, 257 N.W. 219 (1934).
NE Code § 48-120.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-120.01 - Terms, defined.

48-120.01.  Terms, defined.As used in section 48-120, unless the context otherwise requires:(1) Plastic surgery shall mean that branch of surgery concerned with the repair or restoration of lost, injured, or deformed body parts chiefly by transfer of tissue; and(2) Reconstructive surgery shall mean surgery which restores or tends to restore an injured or deformed structure.Source  Laws 1978, LB 529, § 1.
NE Code § 48-120.03 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-120.03 - Generic drugs; use.

48-120.03.  Generic drugs; use.Any person or entity that dispenses medicines and medical supplies, as required by section 48-120, shall dispense the generic drug equivalent unless:(1) A generic drug equivalent is unavailable; or(2) The prescribing physician specifically provides in writing that a nongeneric drug must be dispensed.Source Laws 2005, LB 13, § 28.
NE Code § 48-121.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-121.01 - Maximum and minimum weekly income benefit; amounts; Governor; power to suspend.

48-121.01.  Maximum and minimum weekly income benefit; amounts; Governor; power to suspend.(1)(a)(i) Commencing July 1, 1991, the maximum weekly income benefit under sections 48-121 and 48-122 shall be two hundred sixty-five dollars.(ii) Commencing June 1, 1994, the maximum weekly income benefit under sections 48-121 and 48-122 shall be three hundred ten dollars.(iii) Commencing January 1, 1995, the maximum weekly income benefit under sections 48-121 and 48-122 shall be three hundred fifty dollars.(b) Commencing January 1, 1996, and each January 1 thereafter, the maximum weekly income benefit under sections 48-121 and 48-122 shall be one hundred percent, computed to the next higher whole dollar, of the state average weekly wage determined pursuant to section 48-121.02, except that for the purposes of calendar years commencing after 1996, the Governor may not later than November 15, 1996, and not later than each November 15 thereafter, conduct a public hearing after not less than thirty days' notice to consider whether he or she should issue an order to suspend the effectiveness of the change in the maximum weekly income benefit otherwise required by this subdivision for the ensuing calendar year. In order to make his or her decision, the Governor shall consider such factors as recent trends in economic conditions in the state, general wage levels, workers' compensation benefit levels, and workers' compensation premium levels. After such hearing but not later than November 30 immediately thereafter, the Governor may issue an order to suspend the effectiveness of the change in the maximum weekly income benefit otherwise required by this subdivision for the ensuing calendar year.(2) The minimum weekly income benefit under sections 48-121 and 48-122 shall be forty-nine dollars.Source   Laws 1985, LB 608, § 3;   Laws 1987, LB 292, § 1;   Laws 1990, LB 313, § 1;   Laws 1993, LB 757, § 5.  Annotations Section 48-121 does not prohibit a worker from concurrently receiving statutory benefits for separate injuries arising out of separate accidents, so long as the combined payments do not exceed the maximum weekly rate allowed by this section. Vega v. Iowa Beef Processors, 264 Neb. 282, 646 N.W.2d 643 (2002).
NE Code § 48-121.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-121.02 - State average weekly wage; how determined.

48-121.02.  State average weekly wage; how determined.For purposes of section 48-121.01, the state average weekly wage shall be determined by the administrator of the Nebraska Workers' Compensation Court as follows: On or before October 1 of each year, the total insured wages reported to the Department of Labor for the preceding calendar year, excluding federal employees, shall be divided by the average monthly number of employees insured under the Employment Security Law. Such average monthly number of employees shall be determined by dividing the total number of employees insured under the Employment Security Law reported for such calendar year by twelve. The state average annual wage thus obtained shall be divided by fifty-two, and the state average weekly wage thus determined shall be rounded to the nearest whole cent. The state average weekly wage as so determined shall be applicable for the calendar year commencing January 1 following the October 1 determination.Source   Laws 1993, LB 757, § 6;  Laws 2005, LB 13, § 4.  Cross References  Employment Security Law, see section 48-601.
NE Code § 48-122.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-122.02 - Compensation; cessation of income benefits; income benefits.

48-122.02.  Compensation; cessation of income benefits; income benefits.Upon the cessation of income benefits under section 48-122.01 to or on account of any person, the income benefits of the remaining persons entitled to income benefits for the unexpired part of the period during which their income benefits are payable shall be that which such persons would have received if they had been the only persons entitled to income benefits at the time of the decedent's death.Source  Laws 1973, LB 193, § 4.
NE Code § 48-122.03 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-122.03 - Compensation; maximum weekly income benefits in case of death.

48-122.03.  Compensation; maximum weekly income benefits in case of death.The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed seventy-five percent of the average weekly wage of the deceased, subject to the maximum limits in section 48-122. The maximum aggregate limitation shall not operate in case of payment of two years' income benefits to the widow or widower upon remarriage, as provided under subdivision (3) of section 48-122.01, to prevent the immediate recalculation and payments of benefits to the remaining beneficiaries as provided under section 48-122.02. The classes of beneficiaries specified in subdivisions (1), (2), and (4) of section 48-122.01 shall have priority over all other beneficiaries in the apportionment of income benefits. If there is a widow or widower and a child or children and the maximums specified in section 48-122 and this section prevent full payment under either maximum, the compensation shall be apportioned between the widow or widower and the child or children on a pro rata basis. If there is more than one child living with the widow or widower and no child or children living separately, the apportionment shall be on the pro rata basis of sixty percent to the widow or widower and fifteen percent divided among the children. If there is more than one child not living with the widow or widower and no child or children living with her or him, the apportionment shall be on the pro rata basis of fifty-five percent to the widow or widower and twenty percent divided among the children. If one or more children are living with and one or more children are not living with her or him, the apportionment shall be on the pro rata basis of fifty-five percent to the widow or widower and twenty percent divided among the children. If the provisions of this section should prevent payment to other beneficiaries of the income benefits to the full extent otherwise provided for, the gross remaining amount of income benefits payable to such other beneficiaries shall be apportioned by class, proportionate to the interest of each class in the remaining amount. Parents shall be considered to be in one class and those specified in subdivision (7) of section 48-122.01 in another class.Source   Laws 1973, LB 193, § 5;   Laws 1974, LB 882, § 1.
NE Code § 48-123 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-123 - Compensation; death of employee receiving disability payments; schedule.

48-123.  Compensation; death of employee receiving disability payments; schedule.The death of an injured employee prior to the expiration of the period within which he or she would receive such disability payment shall be deemed to end such disability, and all liability for the remainder of such payment which he or she would have received in case he or she had lived shall be terminated, but the employer shall thereupon be liable for the following death benefit in lieu of any further disability indemnity: If the injury so received by such employee was the cause of his or her death and such deceased employee leaves dependents as hereinbefore specified, the death benefit shall be a sum sufficient, when added to the indemnity which shall at the time of death have been paid or become payable under the Nebraska Workers' Compensation Act to such deceased employee, to make the total compensation for the injury and death equal to the full amount which such dependents would have been entitled to receive under section 48-122, in case the accident had resulted in immediate death; and such benefits shall be payable in the same manner and subject to the same terms and conditions in all respects as payments made under such section. No deduction shall be made for the amount which may have been paid for medical and hospital services and medicines or for the expenses of burial. If the employee dies from some cause other than the injury, there shall be no liability for compensation to accrue after his or her death.Source   Laws 1913, c. 198, § 23, p. 589;   R.S.1913, § 3664;   Laws 1917, c. 85, § 9, p. 207;   C.S.1922, § 3046;   C.S.1929, § 48-123;   R.S.1943, § 48-123;   Laws 1973, LB 193, § 6;   Laws 1986, LB 811, § 41.  Annotations  Where injured employee dies during pendency of litigation, payment of compensation will be made in accordance with this section. Smith v. Stevens, 173 Neb. 723, 114 N.W.2d 724 (1962). Employer was not liable for death benefit hereunder where evidence was not sufficient to support claim of compensable injury. Kuhtnick v. Carey, 124 Neb. 762, 248 N.W. 89 (1933), 124 Neb. 761, 248 N.W. 92 (1933). Action by injured employee, pending at time of death, may be revived by dependents or administrator. Palmer v. Saunders County, 117 Neb. 484, 221 N.W. 99 (1928).
NE Code § 48-125.01 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-125.01 - Compensation; penalties for attempted avoidance of payment.

48-125.01.  Compensation; penalties for attempted avoidance of payment.Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property or records belonging to such employer, after one of his or her employees has been injured within the purview of the Nebraska Workers' Compensation Act, and with intent to avoid the payment of compensation under such act to such employee or his or her dependents, shall be guilty of a Class I misdemeanor. In any case when such employer is a corporation, any officer or employee thereof, if knowingly participating or acquiescing in the act with intent to avoid the payment of compensation under the Nebraska Workers' Compensation Act, shall be also individually guilty of a Class I misdemeanor as well as jointly and severally liable with such corporation for any fine imposed upon the corporation. In any case when such employer is a limited liability company, any member or manager thereof, if knowingly participating or acquiescing in the act with intent to avoid the payment of compensation under the Nebraska Workers' Compensation Act, shall be also individually guilty of a Class I misdemeanor as well as jointly and severally liable with such limited liability company for any fine imposed upon the limited liability company. In any case when such employer is a limited partnership or a limited liability partnership, any general partner, if knowingly participating or acquiescing in the act with intent to avoid the payment under the Nebraska Workers' Compensation Act, shall also be guilty of a Class I misdemeanor as well as jointly and severally liable with such limited partnership or limited liability partnership, and limited partners shall not be liable.Source   Laws 1971, LB 572, § 20;   Laws 1977, LB 40, § 270;   Laws 1986, LB 811, § 44;   Laws 1994, LB 884, § 64;  Laws 2003, LB 210, § 2.
NE Code § 48-125.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-125.02 - State employee claim; Prompt Payment Act applicable; other claims; processing of claim; requirements; failure to pay; effect; presumption of payment.

48-125.02.  State employee claim; Prompt Payment Act applicable; other claims; processing of claim; requirements; failure to pay; effect; presumption of payment.(1) Regarding payment of a claim for medical, surgical, or hospital services for a state employee under the Nebraska Workers' Compensation Act, the Prompt Payment Act applies.(2) For claims other than claims under subsection (1) of this section regarding payment of a claim for medical, surgical, or hospital services for an employee under the Nebraska Workers' Compensation Act:(a) The workers' compensation insurer, risk management pool, or self-insured employer shall notify the provider within fifteen business days after receiving a claim as to what information is necessary to process the claim. Failure to notify the provider assumes the workers' compensation insurer, risk management pool, or self-insured employer has all information necessary to pay the claim. The workers' compensation insurer, risk management pool, or self-insured employer shall pay providers in accordance with sections 48-120 and 48-120.04 within thirty business days after receipt of all information necessary to process the claim. Failure to pay the provider within the thirty days will cause the workers' compensation insurer, risk management pool, or self-insured employer to reimburse the provider's billed charges instead of the scheduled or contracted fees;(b) If a claim is submitted electronically, the claim is presumed to have been received on the date of the electronic verification of receipt by the workers' compensation insurer, risk management pool, or self-insured employer or its clearinghouse. If a claim is submitted by mail, the claim is presumed to have been received five business days after the claim has been placed in the United States mail with first-class postage prepaid. The presumption may be rebutted by sufficient evidence that the claim was received on another day or not received at all; and(c) Payment of a claim by the workers' compensation insurer, risk management pool, or self-insured employer means the receipt of funds by the provider. If payment is submitted electronically, the payment is presumed to have been received on the date of the electronic verification of receipt by the provider or the provider's clearinghouse. If payment is submitted by mail, the payment is presumed to have been received five business days after the payment has been placed in the United States mail with first-class postage prepaid. The presumption may be rebutted by sufficient evidence that the payment was received on another day or not received at all.Source Laws 2007, LB588, § 3. Cross References  Prompt Payment Act, see section 81-2401.
NE Code § 48-127 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-127 - Compensation; willful negligence; intoxication; effect.

48-127.  Compensation; willful negligence; intoxication; effect.If the employee is injured by reason of his or her intentional willful negligence, or by reason of being in a state of intoxication, neither he or she nor his or her beneficiaries shall receive any compensation under the Nebraska Workers' Compensation Act.Source   Laws 1913, c. 198, § 27, p. 592;   R.S.1913, § 3668;   C.S.1922, § 3050;   C.S.1929, § 48-127;   R.S.1943, § 48-127;   Laws 1986, LB 811, § 46.  Annotations  Whether or not effected by this section, employee's acceptance of benefits under Workmen's Compensation Act ordinarily constitutes release to employer of claims at law arising from the injury. Edelman v. Ralph Printing & Lithographing, Inc., 189 Neb. 763, 205 N.W.2d 340 (1973). The burden of proving intoxication as a defense is on the employer. Johnson v. Hahn Bros. Constr. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972). Deviation from authorized route of travel was not willful negligence. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953). Participant in fight was not willfully negligent. Myszkowski v. Wilson & Co., Inc., 155 Neb. 714, 53 N.W.2d 203 (1952). Moving of well-digging machinery so as to come in contact with electric power line was not willful negligence. Schroeder v. Sharp, 153 Neb. 73, 43 N.W.2d 572 (1950). Willful, as used in this section, means deliberate act; conduct evidencing reckless indifference to safety; more than want of ordinary care. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947). Disobedience of order not to smoke did not constitute willful negligence. Moise v. Fruit Dispatch Co., 135 Neb. 684, 283 N.W. 495 (1939). Where defense is willful negligence, any competent evidence tending to show knowledge by employee of the dangerous character of the act which subsequently caused his death should be received, and it was error to exclude testimony of witness that he had warned deceased of his danger. Richards v. Abts, 135 Neb. 347, 281 N.W. 611 (1938). In view of holding that accident by which employee met his death did not arise out of his employment, question of his willful negligence, though doubtful, was not decided. Feda v. Cudahy Packing Co., 102 Neb. 110, 166 N.W. 190 (1918).