reglab/housing_qa huggingface dataset:
NE Code § 48-129 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-129 - Compensation; joint employers; liability.

48-129.  Compensation; joint employers; liability.In case any employee for whose injury or death compensation is payable under the Nebraska Workers' Compensation Act shall, at the time of the injury, be employed and paid jointly by two or more employers, as defined in section 48-114, such employers shall contribute to the payment of such compensation in proportion to their several wage liabilities to such employee. If one or more, but not all, of such employers should be subject to the Nebraska Workers' Compensation Act, then the liability of such of them as are so subject shall be to pay that proportion of the entire compensation which their proportionate wage liability bears to the entire wages of the employee, except that nothing in this section shall prevent employers from making any arrangement between themselves for a different distribution of the ultimate burden of compensation.Source   Laws 1913, c. 198, § 29, p. 592;   R.S.1913, § 3670;   C.S.1922, § 3052;   C.S.1929, § 48-129;   R.S.1943, § 48-129;   Laws 1986, LB 811, § 48.  Annotations  Under the facts of this case, the claimant was a loaned employee but there was no consensual relationship sufficient to create a new employer-employee relationship. Therefore, the lending employer remained liable for his workmen's compensation. B & C Excavating Co. v. Hiner, 207 Neb. 248, 298 N.W.2d 155 (1980). Sections 48-129 and 48-168, R.R.S.1943, gives the Workmen's Compensation Court jurisdiction to consider the issue of joint employment. White v. Western Commodities, Inc., 207 Neb. 75, 295 N.W.2d 704 (1980). Under the facts of this case, the Workmen's Compensation Court was clearly wrong in finding that the two defendants were joint employers of the plaintiff but was correct in finding an employer-employee relationship between one of the defendants and the plaintiff. White v. Western Commodities, Inc., 207 Neb. 75, 295 N.W.2d 704 (1980). Joint employment and pro rata liability for compensation payments under this section exist only where there is an agreement between employers as to salary, wages, hours of employment, and terms of service. Henning v. City of Hebron, 186 Neb. 381, 183 N.W.2d 756 (1971). In absence of joint arrangement, there cannot be any joint employment. Solheim v. Hastings Housing Co., 151 Neb. 264, 37 N.W.2d 212 (1949). Joint employer is required to pay only that proportion of compensation which his proportionate wage bears to entire wages of employee. Summers v. Railway Express Agency, 134 Neb. 237, 278 N.W. 476 (1938). To constitute joint employment, there must be concert of action between employers as to wages, hours of service, and term of service. Suverkrubbe v. Village of Fort Calhoun, 127 Neb. 472, 256 N.W. 47 (1934).
NE Code § 48-130 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-130 - Compensation; savings; insurance; other benefits; not factors.

48-130.  Compensation; savings; insurance; other benefits; not factors.No savings or insurance of the injured employee or any contribution made by him or her to any benefit fund or protective association independent of the Nebraska Workers' Compensation Act shall be taken into consideration in determining the compensation to be paid thereunder; nor shall benefits derived from any other source than those paid or caused to be paid by the employer as herein provided be considered in fixing compensation under such act.Source   Laws 1913, c. 198, § 30, p. 593;   R.S.1913, § 3671;   C.S.1922, § 3053;   C.S.1929, § 48-130;   R.S.1943, § 48-130;   Laws 1986, LB 811, § 49. Annotations  Pursuant to this section, the payment of private insurance benefits does not entitle an employer to reduce an employee's benefits due under the Nebraska Workers' Compensation Act. Dawes v. Wittrock Sandblasting & Painting, 266 Neb. 526, 667 N.W.2d 167 (2003). Pension benefits made under city ordinance did not affect the right of plaintiff to claim and receive under Workmen's Compensation Act. Novotny v. City of Omaha, 207 Neb. 535, 299 N.W.2d 757 (1980). Receipt of workmen's compensation does not bar city fireman from right to fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938). Receipt by city fireman of pension will not bar widow from compensation under Workmen's Compensation Act. Shandy v. City of Omaha, 127 Neb. 406, 255 N.W. 477 (1934). Question whether pension paid by city to widow of deceased policeman would be benefits derived from any other source, was discussed, but not decided. Good v. City of Omaha, 102 Neb. 654, 168 N.W. 639 (1918). No provision in the Nebraska Workers' Compensation Act limits an employee's ability to receive workers' compensation benefits because he or she is simultaneously receiving unemployment benefits. Hernandez v. JBS USA, 20 Neb. App. 634, 828 N.W.2d 765 (2013). An employer's exercise of its statutory right to pursue its subrogation claim against a tort-feasor who injured its employee is not "causing" the payment of workers' compensation. Thomas v. Lincoln Public Schools, 9 Neb. App. 965, 622 N.W.2d 705 (2001). Payment of private insurance benefits, even if made pursuant to an employer-funded plan, does not entitle an employer to reduce an employee's benefits due under the Workers' Compensation Act. Nunn v. Texaco Trading & Transp., 3 Neb. App. 101, 523 N.W.2d 705 (1994).
NE Code § 48-131 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-131 - Compensation; waiver by employee invalid.

48-131.  Compensation; waiver by employee invalid.No agreement by an employee to waive his or her rights to compensation under the Nebraska Workers' Compensation Act shall be valid.Source   Laws 1913, c. 198, § 31, p. 593;   R.S.1913, § 3672;   C.S.1922, § 3054;   C.S.1929, § 48-131;   R.S.1943, § 48-131;   Laws 1986, LB 811, § 50.  Annotations On payments of compensation without agreement of settlement, statutory limitations did not take effect until one year from last payment. Ashton v. Blue River Power Co., 117 Neb. 661, 222 N.W. 42 (1928).
NE Code § 48-132 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-132 - Compensation; employees or dependents under disability; rights; enforcement.

48-132.  Compensation; employees or dependents under disability; rights; enforcement.If an injured employee or a dependent is mentally incompetent or is a minor at the time when any right or privilege accrues to him or her under the Nebraska Workers' Compensation Act, his or her guardian or next friend may, in his or her behalf, claim and exercise such right or privilege.Source   Laws 1913, c. 198, § 32, p. 593;   R.S.1913, § 3673;   C.S.1922, § 3055;   C.S.1929, § 48-132;   R.S.1943, § 48-132;   Laws 1961, c. 234, § 1, p. 692;   Laws 1986, LB 811, § 51.  Cross References  For definitions of incompetent person and guardian, see section 30-2902.Annotations  Failure of guardian to bring action does not bar right of minor from asserting rights after becoming of age. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953). The act relating to filing claims for compensation makes no exception in favor of minors. Ray v. Sanitary Garbage Co., 134 Neb. 178, 278 N.W. 139 (1938). Where claimant knew her condition from day to day, and knew she had a present total disability, she was not excused from filing claim within time prescribed by statute by continuous confinement to bed as the result of injury. Park v. School District No. 27, Richardson Cty., 127 Neb. 767, 257 N.W. 219 (1934). Minor employee, of an age where legally permitted to work, may elect to come under Workmen's Compensation Act. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922).
NE Code § 48-134 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-134 - Injured employee; physical examination; duty to submit.

48-134.  Injured employee; physical examination; duty to submit.After an employee has given notice of an injury, as provided in section 48-133, and from time to time thereafter during the continuance of his or her disability, he or she shall, if so requested by the employer or the insurance company carrying such risk, submit himself or herself to an examination by a physician or surgeon legally authorized to practice medicine under the laws of the state in which he or she practices, furnished and paid for by the employer, or the insurance company carrying such risk, as the case may be. The employee shall have the right to have a physician provided and paid for by himself or herself present at the examination. The unreasonable refusal of the employee to submit to such examination shall deprive him or her of the right to compensation under the Nebraska Workers' Compensation Act during the continuance of such refusal, and the period of such refusal shall be deducted from the period during which compensation would otherwise be payable.Source   Laws 1913, c. 198, § 34, p. 594;   R.S.1913, § 3675;   C.S.1922, § 3057;   C.S.1929, § 48-134;   R.S.1943, § 48-134;   Laws 1969, c. 395, § 1, p. 1385;   Laws 1986, LB 811, § 53. Annotations  This section places the selection of the physician solely within the employer's or insurance company's discretion, so long as the physician is legally authorized as set out in this section. Behrens v. American Stores Packing Co., 234 Neb. 25, 449 N.W.2d 197 (1989). Inquiry respecting extent of an injury to employee should be directed to his condition at time of examination or trial. Dymak v. Haskins Bros. & Co., 132 Neb. 308, 271 N.W. 860 (1937). Woman employee refusing to permit injection to render kidney opaque for purpose of X-ray photograph, was not thereby deprived of right to compensation. United States Fidelity & Guaranty Co. v. Wickline, 103 Neb. 681, 173 N.W. 689 (1919), 103 Neb. 21, 170 N.W. 193, 6 A.L.R. 1267 (1918). The fundamental question of the compensability of an employee's claim stands separate from whether the employee can be deprived of benefits under this section during the time of an unreasonable refusal to undergo an employer's medical examination. Hale v. Vickers, Inc., 10 Neb. App. 627, 635 N.W.2d 458 (2001).
NE Code § 48-135 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-135 - Autopsy; cost; payment.

48-135.  Autopsy; cost; payment.Except as provided in section 23-1824, in all death claims, where the cause of death is obscure or disputed, any interested party may require an autopsy, the cost of such autopsy to be borne by the party demanding the same.Source   Laws 1913, c. 198, § 35, p. 594;   R.S.1913, § 3676;   C.S.1922, § 3058;   C.S.1929, § 48-135;   R.S.1943, § 48-135;  Laws 1999, LB 46, § 3.
NE Code § 48-136 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-136 - Compensation; voluntary settlements.

48-136.  Compensation; voluntary settlements.The interested parties shall have the right to settle all matters of compensation between themselves with the consent of the workers' compensation insurer, if any, and in accordance with the Nebraska Workers' Compensation Act. No such settlement shall be binding unless the settlement is in accordance with such act.Source   Laws 1913, c. 198, § 36, p. 595;   R.S.1913, § 3677;   Laws 1917, c. 85, § 12, p. 209;   C.S.1922, § 3059;   C.S.1929, § 48-136;   Laws 1935, c. 57, § 22, p. 199;   C.S.Supp.,1941, § 48-136;   R.S.1943, § 48-136;   Laws 1978, LB 649, § 2;   Laws 1986, LB 811, § 54;  Laws 2005, LB 238, § 6;  Laws 2009, LB630, § 4. Annotations  A finding by the Workers' Compensation Court that an alleged injury is covered by the Workers' Compensation Act is not necessarily a prerequisite to a settlement agreement which includes a program of vocational rehabilitation paid for by the employer or its insurer. Miner v. Robertson Home Furnishing, 239 Neb. 525, 476 N.W.2d 854 (1991). Agreements to settle workers' compensation cases not filed in and approved by the Workers' Compensation Court are void and of no effect. Miner v. Robertson Home Furnishing, 239 Neb. 525, 476 N.W.2d 854 (1991). An agreement dividing compensation benefits between the parties was void where not in writing, filed with and approved by the compensation court. James v. Rainchief Constr. Co., 197 Neb. 818, 251 N.W.2d 367 (1977). Copy of lump sum settlement is required to be filed with compensation court. Miller v. Schlereth, 151 Neb. 33, 36 N.W.2d 497 (1949). Where settlement was never approved by workmen's compensation court, it was ineffective to defeat claim for compensation. Riggins v. Lincoln Tent & Awning Co., 143 Neb. 893, 11 N.W.2d 810 (1943). Agreement to pay compensation must be approved by compensation commissioner or compensation court or it is void, and part payment will not make such agreement actionable at common law. Duncan v. A. Hospe Co., 133 Neb. 810, 277 N.W. 339 (1938). Copy of settlement must not only be filed, but the settlement must also be approved by compensation court. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935). In order to have a valid agreement for settlement, terms of act must be followed. Ashton v. Blue River Power Co., 117 Neb. 661, 222 N.W. 42 (1928). Lump sum settlement was sustained. Perry v. Huffman Auto. Co., 104 Neb. 211, 175 N.W. 1021 (1920). Under former statute, court had no authority to order commutation of payments in lump sum in absence of agreement. Pierce v. Boyer-Van Kuran Lumber & Coal Co., 99 Neb. 321, 156 N.W. 509 (1916).
NE Code § 48-138 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-138 - Compensation; lump-sum settlement; computation; fee.

48-138.  Compensation; lump-sum settlement; computation; fee.The amounts of compensation payable periodically under the law by agreement of the parties with the approval of the Nebraska Workers' Compensation Court may be commuted to one or more lump-sum payments, except compensation due for death, permanent disability, or claimed permanent disability which may be commuted only as provided in section 48-139. If commutation is agreed upon pursuant to this section or section 48-139, the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, capitalized at their present value upon the basis of interest calculated at five percent per annum with annual rests.The fee of the clerk of the compensation court for filing, docketing, and indexing an agreement submitted for approval as provided in this section shall be fifteen dollars. The fees shall be remitted by the clerk to the State Treasurer for credit to the Compensation Court Cash Fund.Source   Laws 1913, c. 198, § 40, p. 596;   R.S.1913, § 3681;   Laws 1917, c. 85, § 16, p. 212;   Laws 1921, c. 122, § 1, p. 526;   C.S.1922, § 3063;   C.S.1929, § 48-140;   Laws 1935, c. 57, § 25, p. 199;   C.S.Supp.,1941, § 48-140;   R.S.1943, § 48-138;   Laws 1975, LB 187, § 3;   Laws 1986, LB 811, § 56;   Laws 1993, LB 757, § 9;  Laws 2009, LB630, § 5. Annotations  It was the legislative intent that compensation court should have exclusive original jurisdiction in handling claims for compensation. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935). One relying on lump sum settlement must bring himself within statute. Ostegaard v. Adams & Kelly Co., 113 Neb. 393, 203 N.W. 564 (1925).
NE Code § 48-142 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-142 - Compensation; amount agreed upon; payment to trustee; procedure.

48-142.  Compensation; amount agreed upon; payment to trustee; procedure.At any time after the amount of any award has been agreed upon by the parties and approved by the Nebraska Workers' Compensation Court, a sum equal to the present value of all future installments of compensation may, when death or the nature of the injury renders the amount of future payments certain, by leave of the compensation court, be paid by the employer, or by the insurance company carrying such risk, as the case may be, to any savings bank or trust company of this state, in good standing, and such sum together with all interest thereon, shall thereafter be held in trust for the employee or the dependents of the employee, who shall have no further recourse against the employer. The payment of such sum by the employer, evidenced by the receipt of the trustee to be filed with the compensation court, shall operate as a satisfaction of such award as to the employer. Payments from such fund shall be made by the trustee in the same amounts and at the same time as are herein required of the employer until the fund and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the compensation court, to the choice of the injured employee or the dependents of the deceased employee as the case may be.Source   Laws 1913, c. 198, § 43, p. 597;   R.S.1913, § 3684;   Laws 1917, c. 85, § 19, p. 214;   C.S.1922, § 3066;   C.S.1929, § 48-143;   Laws 1935, c. 57, § 28, p. 201;   C.S.Supp.,1941, § 48-143;   R.S.1943, § 48-142;   Laws 1975, LB 187, § 7;   Laws 1986, LB 811, § 60.
NE Code § 48-143 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-143 - Compensation; death benefits; absence of qualified administrator; payment; to whom made.

48-143.  Compensation; death benefits; absence of qualified administrator; payment; to whom made.In case of death, where no executor or administrator is qualified, the Nebraska Workers' Compensation Court shall, by order, direct payment to be made to such person as would be appointed administrator of the estate of such decedent, upon like terms as to bond for the proper application of compensation payments as are required of administrators.Source   Laws 1913, c. 198, § 44, p. 598;   R.S.1913, § 3685;   C.S.1922, § 3067;   C.S.1929, § 48-144;   Laws 1935, c. 57, § 29, p. 202;   C.S.Supp.,1941, § 48-144;   R.S.1943, § 48-143;   Laws 1975, LB 187, § 8;   Laws 1986, LB 811, § 61.  Annotations  Action for compensation by injured employee, pending at his death, may be revived by dependents giving bond or by administrator without bond. Palmer v. Saunders County, 117 Neb. 484, 221 N.W. 99 (1928). Action to recover compensation for death may be brought either by dependents, legal guardian or trustee of minor dependent, or executor or administrator of deceased. Coster v. Thompson Hotel Co., 102 Neb. 585, 168 N.W. 191 (1918).
NE Code § 48-144 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-144 - Accidents and settlements; reports; death of alien employee; notice to consul.

48-144.  Accidents and settlements; reports; death of alien employee; notice to consul.(1) Reports of accidents and settlements shall be made in a form and manner prescribed by the administrator of the Nebraska Workers' Compensation Court. Such reports, if filed by a workers' compensation insurer on behalf of an employer, shall be deemed to have been filed by the employer.(2) When an injury results in the death of an employee who is a citizen or subject of a foreign country, the administrator of the compensation court shall, after the death has been reported to the compensation court, at once notify the superior consular officer of the country of which the employee at the time of his or her death was a citizen or subject, and whose consular district embraces the State of Nebraska, or the representative, residing in the State of Nebraska, of such consular officer, whom he or she shall have formally designated as his or her representative by a communication in writing to the compensation court. Such notification shall contain in addition to the name of the employee such further information as the compensation court may possess respecting the place of birth, parentage, and names and addresses of the dependents of the employee.Source   Laws 1913, c. 198, § 45, p. 598;   R.S.1913, § 3686;   Laws 1917, c. 85, § 20, p. 214;   C.S.1922, § 3068;   C.S.1929, § 48-145;   Laws 1935, c. 57, § 30, p. 202;   C.S.Supp.,1941, § 48-145;   R.S.1943, § 48-144;   Laws 1986, LB 811, § 62;  Laws 2005, LB 13, § 6.
NE Code § 48-144.02 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-144.02 - Compensation insurance carrier; risk management pool; reports; time within which to file.

48-144.02.  Compensation insurance carrier; risk management pool; reports; time within which to file.(1) Whenever any insurance carrier shall write a policy of workers' compensation insurance under the Nebraska Workers' Compensation Act, such carrier shall file a report showing the name and address of the insured employer, the name of the insurance carrier, the policy number, the effective date and expiration date of such policy, and such other information as the Nebraska Workers' Compensation Court may require. Such report shall be filed with the compensation court within ten days of the effective date of such policy.(2) Whenever any risk management pool is organized or accepts a new member or whenever any member of a risk management pool voluntarily terminates membership or is involuntarily terminated, such pool shall file a report within ten days after any such event with the Nebraska Workers' Compensation Court showing the names and local addresses of its members or the name, local address, and effective date of termination or joinder of any single member.Source   Laws 1971, LB 572, § 12;   Laws 1986, LB 811, § 64;   Laws 1987, LB 398, § 42.  Cross References  Risk management pool, defined, see section 44-4303.
NE Code § 48-144.04 (2021)
2021 Nebraska Revised Statutes|Chapter 48 - Labor|48-144.04 - Reports; penalties for not filing; statutes of limitations not to run until report furnished.

48-144.04.  Reports; penalties for not filing; statutes of limitations not to run until report furnished.Any employer, workers' compensation insurer, or risk management pool who fails, neglects, or refuses to file any report required of him or her by the Nebraska Workers' Compensation Court shall be guilty of a Class II misdemeanor for each such failure, neglect, or refusal. It shall be the duty of the Attorney General to act as attorney for the state. In addition to the penalty, where an employer, workers' compensation insurer, or risk management pool has been given notice, or the employer, workers' compensation insurer, or risk management pool has knowledge, of any injury or death of an employee and fails, neglects, or refuses to file a report thereof, the limitations in section 48-137 and for injuries occurring before December 1, 1997, the limitations in section 48-128 shall not begin to run against the claim of the injured employee or his or her dependents entitled to compensation or against the State of Nebraska on behalf of the Workers' Compensation Trust Fund, or in favor of either the employer, workers' compensation insurer, or risk management pool until such report shall have been furnished as required by the compensation court.Source   Laws 1971, LB 572, § 14;   Laws 1977, LB 40, § 271;   Laws 1986, LB 811, § 66;   Laws 1987, LB 398, § 43;   Laws 1997, LB 854, § 3;  Laws 2000, LB 1221, § 7;  Laws 2005, LB 238, § 9. Cross References  Risk management pool, defined, see section 44-4303.Annotations  Under this section, an employer has sufficient knowledge of an employee's injury if a reasonable person would conclude that an employee's injury is potentially compensable and that the employer should therefore investigate the matter further. Risor v. Nebraska Boiler, 277 Neb. 679, 765 N.W.2d 170 (2009). This section establishes when the statute of limitations begins to run if an initial report required by section 48-144.01 is not filed, but this section does not provide for tolling of an already-running statute of limitations when and if subsequent reports are not filed. Dawes v. Wittrock Sandblasting & Painting, 266 Neb. 526, 667 N.W.2d 167 (2003).