reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-148.01 - Denial of compensation; false representation.

48-148.01.
Denial of compensation; false representation.
No compensation shall be allowed if, at the time of or in the course of entering into employment or at the time of receiving notice of the removal of conditions from a conditional offer of employment: (1) The employee knowingly and willfully made a false representation as to his or her physical or medical condition by acknowledging in writing that he or she is able to perform the essential functions of the job with or without reasonable accommodation based upon the employer's written job description; (2) the employer relied upon the false representation and the reliance was a substantial factor in the hiring; and (3) a causal connection existed between the false representation and the injury.
Source
Laws 2015, LB480, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-149 - Compensation payments; nonassignable; not subject to attachment; exceptions.

48-149.
Compensation payments; nonassignable; not subject to attachment; exceptions.
No proceeds or interest thereon from payments or lump-sum settlements under the Nebraska Workers' Compensation Act or law of another state which provides compensation and benefits for employees sustaining job-related injuries shall be assignable, subject to attachment or garnishment, or held liable in any way for any debts, except (1) as provided in section 48-108 and (2) payments under the act or any law of another state which provides compensation and benefits for employees sustaining job-related injuries shall be subject to income withholding under the Income Withholding for Child Support Act, administrative attachment and bank matching pursuant to sections 43-3328 to 43-3339, and garnishment by a county attorney or authorized attorney pursuant to section 43-512.03 or garnishment for child support as defined in section 43-1705 by an obligee as defined in section 43-1713.
Source
Laws 1913, c. 198, § 50, p. 600;
R.S.1913, § 3691;
C.S.1922, § 3073;
C.S.1929, § 48-150;
R.S.1943, § 48-149;
Laws 1986, LB 811, § 76;
Laws 1993, LB 523, § 24;
Laws 1993, LB 118, § 2;
Laws 1997, LB 752, § 124.
Cross References
Income Withholding for Child Support Act, see section 43-1701.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-150 - Compensation claims; same preference as wage claims.

48-150.
Compensation claims; same preference as wage claims.
The right to compensation and all compensation awarded any injured employee or for death claims to his or her dependents in any amount shall have the same preference against the assets of the employer as unpaid wages for labor, but such compensation shall not become a lien on the property of third persons by reason of such preference.
Source
Laws 1913, c. 198, § 51, p. 600;
R.S.1913, § 3692;
C.S.1922, § 3074;
C.S.1929, § 48-151;
R.S.1943, § 48-150;
Laws 1986, LB 811, § 77.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-152.01 - Nebraska Workers' Compensation Court; judges; judicial nominating commission; selection.

48-152.01.
Nebraska Workers' Compensation Court; judges; judicial nominating commission; selection.
The members of the judicial nominating commission for the Nebraska Workers' Compensation Court shall be selected on a statewide basis as provided in section 24-803.
Source
Laws 1967, c. 292, § 4, p. 798;
Laws 1973, LB 110, § 11;
Laws 1986, LB 811, § 80.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-153 - Judges; number; term; continuance in office; prohibition on holding other office or pursuing other occupation.

48-153.
Judges; number; term; continuance in office; prohibition on holding other office or pursuing other occupation.
(1) The Nebraska Workers' Compensation Court shall consist of six judges.
(2) The right of judges of the compensation court to continue in office shall be determined in the manner provided in sections 24-813 to 24-818, and the terms of office thereafter shall be for six years beginning on the first Thursday after the first Tuesday in January immediately following their retention at such election.
(3) In case of a vacancy occurring in the Nebraska Workers' Compensation Court, the same shall be filled in accordance with the provisions of Article V, section 21, of the Nebraska Constitution and the right of any judge so appointed to continue in office shall be determined in the manner provided in sections 24-813 to 24-818. All such judges shall hold office until their successors are appointed and qualified, or until death, voluntary resignation, or removal for cause.
(4) No judge of the compensation court shall, during his or her tenure in office as judge, hold any other office or position of profit, pursue any other business or avocation inconsistent or which interferes with his or her duties as such judge, or serve on or under any committee of any political party.
Source
Laws 1935, c. 57, § 2, p. 188;
C.S.Supp.,1941, § 48-163;
R.S.1943, § 48-153;
Laws 1945, c. 113, § 1, p. 363;
Laws 1963, c. 288, § 1, p. 865;
Laws 1965, c. 280, § 2, p. 806;
Laws 1967, c. 292, § 2, p. 798;
Laws 1975, LB 187, § 10;
Laws 1978, LB 649, § 4;
Laws 1979, LB 237, § 5;
Laws 1981, LB 111, § 4;
Laws 1983, LB 18, § 3;
Laws 1986, LB 811, § 81;
Laws 1988, LB 868, § 2;
Laws 2011, LB151, § 3;
Laws 2023, LB799, § 8.
Operative Date: June 1, 2023
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-153.01 - Nebraska Workers' Compensation Court judge; eligibility.

48-153.01.
Nebraska Workers' Compensation Court judge; eligibility.
No person shall be eligible for the office of judge of the Nebraska Workers' Compensation Court unless he or she:
(1) Is at least thirty years of age;
(2) Is a citizen of the United States;
(3) Has been engaged in the practice of law in the State of Nebraska for at least five years, which may include prior service as a judge;
(4) Is currently admitted to practice before the Nebraska Supreme Court; and
(5) Is a resident of the State of Nebraska, and remains a resident of such state during the period of service.
This section shall not apply to a person serving as a judge of the Nebraska Workmen's Compensation Court on August 24, 1979, who continues to serve as a judge of the Nebraska Workmen's Compensation Court after August 24, 1979, and prior to July 17, 1986, and who continues to serve as a judge of the Nebraska Workers' Compensation Court on and after July 17, 1986.
Source
Laws 1979, LB 237, § 6;
Laws 1986, LB 811, § 82.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-154 - Judges; removal; grounds.

48-154.
Judges; removal; grounds.
Any judge of the Nebraska Workers' Compensation Court may be removed in the same manner and for the same causes as a judge of the district court may be removed.
Source
Laws 1935, c. 57, § 3, p. 189;
C.S.Supp.,1941, § 48-164;
R.S.1943, § 48-154;
Laws 1967, c. 292, § 3, p. 798;
Laws 1986, LB 811, § 83.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-155 - Presiding judge; how chosen; term; powers and duties; acting presiding judge; selection; powers.

48-155.
Presiding judge; how chosen; term; powers and duties; acting presiding judge; selection; powers.
The judges of the Nebraska Workers' Compensation Court shall, on July 1 of every odd-numbered year by a majority vote, select one of their number as presiding judge for the next two years, subject to approval of the Supreme Court. The presiding judge may designate one of the other judges to act as presiding judge in his or her stead whenever necessary during the disqualification, disability, or absence of the presiding judge. The presiding judge shall rule on all matters submitted to the compensation court except those arising in the course of hearings or as otherwise provided by law, assign or direct the assignment of the work of the compensation court to the several judges, clerk, and employees who support the judicial proceedings of the compensation court, preside at such meetings of the judges of the compensation court as may be necessary, and perform such other supervisory duties as the needs of the compensation court may require. During the disqualification, disability, or absence of the presiding judge, the acting presiding judge shall exercise all of the powers of the presiding judge.
Source
Laws 1935, c. 57, § 4, p. 189;
C.S.Supp.,1941, § 48-165;
R.S.1943, § 48-155;
Laws 1945, c. 113, § 2, p. 364;
Laws 1959, c. 225, § 1, p. 791;
Laws 1969, c. 396, § 1, p. 1386;
Laws 1986, LB 811, § 84;
Laws 1992, LB 360, § 15;
Laws 2000, LB 1221, § 10;
Laws 2005, LB 13, § 14;
Laws 2011, LB151, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-155.01 - Judges; appointment of acting judge; compensation.

48-155.01.
Judges; appointment of acting judge; compensation.
(1) The Governor may, by single order, appoint a qualified person meeting the eligibility requirements of section 48-153.01 to serve as acting judge of the Nebraska Workers' Compensation Court. Such appointment shall be for a period of two years. In determining whether a person is qualified to serve as acting judge of the compensation court, the Governor shall consider the person's knowledge of the law, experience in the legal system, intellect, capacity for fairness, probity, temperament, and industry. The acting judge shall be subject to call by the presiding judge of the compensation court, who may assign the acting judge to temporary duty in order to (a) sit in the compensation court to relieve a congested docket of the court or to prevent the docket from becoming congested or (b) sit for a judge of the court who may be incapacitated or absent for any reason. An acting judge appointed and assigned pursuant to this section shall possess the same powers and be subject to the duties, restrictions, and liabilities as are prescribed by law respecting judges of the compensation court, except that an acting judge is not prohibited from practicing law as provided in section 7-111.
(2) The acting judge shall receive for each day of temporary duty an amount equal to one-twentieth of the monthly salary he or she would receive if he or she were a regularly appointed judge of the compensation court and shall be reimbursed for his or her expenses while on temporary duty at the same rate as provided in sections 81-1174 to 81-1177. Within fifteen days following completion of a temporary duty assignment, the acting judge shall submit to the presiding judge of the compensation court a request for payment or reimbursement for services rendered and expenses incurred during such temporary duty assignment. Upon receipt of such request, the presiding judge shall endorse on the request that the services were performed and expenses incurred pursuant to an assignment of the presiding judge of the compensation court and file such request with the proper authority for payment.
(3) The acting judge shall not pay into the Nebraska Retirement Fund for Judges nor be eligible for retirement benefits under the Judges Retirement Act.
Source
Laws 1959, c. 226, § 1, p. 792;
Laws 1981, LB 204, § 79;
Laws 1986, LB 811, § 85;
Laws 1994, LB 833, § 27;
Laws 2004, LB 1097, § 22;
Laws 2005, LB 238, § 13.
Cross References
Judges Retirement Act, see section 24-701.01.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-156 - Judges; quorum; powers.

48-156.
Judges; quorum; powers.
A majority of the judges of the Nebraska Workers' Compensation Court shall constitute a quorum to adopt rules and regulations, as provided in sections 48-163 and 48-164, to transact business, except when the statute or a rule adopted by the compensation court permits one judge thereof to act. The act or decision of a majority of the judges constituting such quorum shall in all such cases be deemed the act or decision of the compensation court, except that a majority vote of all the judges shall be required to adopt rules and regulations.
Source
Laws 1935, c. 57, § 5, p. 190;
C.S.Supp.,1941, § 48-166;
R.S.1943, § 48-156;
Laws 1945, c. 113, § 3, p. 364;
Laws 1965, c. 280, § 3, p. 807;
Laws 1983, LB 18, § 4;
Laws 1986, LB 811, § 86;
Laws 1992, LB 360, § 16;
Laws 1999, LB 216, § 13;
Laws 2011, LB151, § 5.
Annotations
The plain and ordinary meaning of the quorum requirement of this section is that review of a disputed claim must be conducted by no less than three judges of the Workers' Compensation Court. Hagelstein v. Swift-Eckrich Div. of ConAgra, 257 Neb. 312, 597 N.W.2d 394 (1999).
Absent statutory disqualification, bias, or other cause shown, it is not prejudicial for the one judge of the Workmen's Compensation Court to serve as one of the judges of that court on rehearing. Schademann v. Casey, 194 Neb. 149, 231 N.W.2d 116 (1975).
A majority of the court as a quorum is empowered to transact business. City of Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576 (1937).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-158 - Judges; administrator; clerk; bond or insurance; oath.

48-158.
Judges; administrator; clerk; bond or insurance; oath.
Each of the judges of the Nebraska Workers' Compensation Court, the administrator of the compensation court, and the clerk of the compensation court shall, before entering upon or discharging any of the duties of his or her office, be bonded or insured as required by section 11-201 and such judges, administrator, and clerk shall, before entering upon the duties of their offices, take and subscribe the statutory oath of office.
Source
Laws 1935, c. 57, § 8, p. 191;
C.S.Supp.,1941, § 48-169;
R.S.1943, § 48-158;
Laws 1978, LB 653, § 9;
Laws 1986, LB 811, § 88;
Laws 2004, LB 884, § 20;
Laws 2005, LB 13, § 16.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-159 - Nebraska Workers' Compensation Court; judges; employees; salary; expenses.

48-159.
Nebraska Workers' Compensation Court; judges; employees; salary; expenses.
(1) As soon as the same may be legally paid under the Constitution of Nebraska, each judge of the Nebraska Workers' Compensation Court shall receive an annual salary of ninety-two and one-half percent of the salary set for the Chief Justice and judges of the Supreme Court, payable in the same manner as the salaries of other state officers are paid. The administrator, the clerk, and all other employees of the compensation court shall receive such salaries as the compensation court shall determine, but not to exceed the amount of the appropriation made by the Legislature for such purpose. Such salaries shall be payable in the same manner as the salaries of other state employees are paid. The administrator, clerk, and other employees of the compensation court shall not receive any other salary or pay for their services from any other source.
(2) In addition to the salaries as provided by subsection (1) of this section, the judges of the Nebraska Workers' Compensation Court and the administrator, clerk, and other employees of the compensation court shall be entitled, while traveling on the business of the compensation court, to be reimbursed by the state for their necessary traveling expenses, consisting of transportation, subsistence, lodging, and such other items of expense as are necessary, to be paid as provided in sections 81-1174 to 81-1177.
Source
Laws 1935, c. 57, § 9, p. 191;
C.S.Supp.,1941, § 48-170;
R.S.1943, § 48-159;
Laws 1945, c. 113, § 12, p. 368;
Laws 1947, c. 174, § 3, p. 562;
Laws 1951, c. 154, § 1, p. 624;
Laws 1953, c. 164, § 1, p. 515;
Laws 1957, c. 206, § 1, p. 725;
Laws 1959, c. 227, § 1, p. 794;
Laws 1963, c. 289, § 1, p. 866;
Laws 1965, c. 281, § 1, p. 808;
Laws 1967, c. 293, § 1, p. 799;
Laws 1969, c. 397, § 1, p. 1387;
Laws 1972, LB 1293, § 4;
Laws 1974, LB 923, § 4;
Laws 1976, LB 76, § 5;
Laws 1978, LB 672, § 5;
Laws 1979, LB 398, § 5;
Laws 1981, LB 111, § 5;
Laws 1981, LB 204, § 80;
Laws 1986, LB 811, § 89;
Laws 1997, LB 853, § 2;
Laws 2005, LB 13, § 17.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-159.08 - Judges; salary increase; when effective.

48-159.08.
Judges; salary increase; when effective.
Section 48-159 shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation as therein provided for judges of the Nebraska Workers' Compensation Court and to give effect to such salary as soon as same may become operative under the Constitution of the State of Nebraska.
Source
Laws 1969, c. 397, § 2, p. 1388;
Laws 1986, LB 811, § 90.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-160 - Compensation court; seal.

48-160.
Compensation court; seal.
The Nebraska Workers' Compensation Court shall have a seal for the authentication of its orders, awards, judgments, summons, subpoenas, and other writs. The seal may be either an engraved or ink stamp seal, and shall bear the words Nebraska Workers' Compensation Court—Official Seal, and shall be judicially noticed.
Source
Laws 1935, c. 57, § 10, p. 191;
C.S.Supp.,1941, § 48-171;
R.S.1943, § 48-160;
Laws 1971, LB 653, § 5;
Laws 1986, LB 811, § 91.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-162 - Compensation court; duties; powers.

48-162.
Compensation court; duties; powers.
(1) The Nebraska Workers' Compensation Court, or any judge thereof, is authorized and empowered to examine under oath or otherwise any person, employee, employer, agent, superintendent, supervisor, or officer of any partnership, limited liability company, or corporation, any officer of any domestic insurance company, any agent of any foreign insurance company, or any medical practitioner, to issue subpoenas for the appearance of witnesses and the production of books and papers, to solemnize marriages, and to administer oaths with like effect as is done in other courts of law in this state. In the examination of any witness and in requiring the production of books, papers, and other evidence, the compensation court shall have and exercise all of the powers of a judge, magistrate, or other officer in the taking of depositions or the examination of witnesses, including the power to enforce his or her orders by commitment for refusal to answer or for the disobedience of any such order.
(2) The compensation court or any judge thereof may, upon the motion of either party or upon its or his or her own motion, require the production of any books, documents, payrolls, medical reports, X-rays, photographs, or plates or any facts or matters which may be necessary to assist in a determination of the rights of either party in any matter pending before the compensation court or any judge thereof.
(3) The compensation court or any judge thereof may expedite the hearing of a disputed case when there is an emergency.
Source
Laws 1917, c. 85, § 27, p. 218;
Laws 1921, c. 122, § 2, p. 530;
C.S.1922, § 3076;
C.S.1929, § 48-153;
Laws 1935, c. 57, § 34, p. 204;
C.S.Supp.,1941, § 48-153;
R.S.1943, § 48-162;
Laws 1983, LB 18, § 5;
Laws 1983, LB 263, § 2;
Laws 1986, LB 811, § 93;
Laws 1987, LB 187, § 2;
Laws 1993, LB 121, § 284;
Laws 1993, LB 757, § 16;
Laws 2005, LB 13, § 18.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-162.03 - Compensation court; motions; powers.

48-162.03.
Compensation court; motions; powers.
(1) The Nebraska Workers' Compensation Court or any judge thereof may rule upon any motion addressed to the court by any party to a suit or proceeding, including, but not limited to, motions for summary judgment or other motions for judgment on the pleadings but not including motions for new trial. Several objects may be included in the same motion, if they all grow out of or are connected with the action or proceeding in which it is made.
(2) Parties to a dispute which might be the subject of an action under the Nebraska Workers' Compensation Act may file a motion for an order regarding the dispute without first filing a petition.
(3) If notice of a motion is required, the notice shall be in writing and shall state: (a) The names of the parties to the action, proceeding, or dispute in which it is to be made; (b) the name of the judge before whom it is to be made; (c) the time and place of hearing; and (d) the nature and terms of the order or orders to be applied for. Notice shall be served a reasonable time before the hearing as provided in the rules of the compensation court.
Source
Laws 1997, LB 128, § 5;
Laws 2013, LB141, § 1.
Annotations
Under subsection (1) of this section, the Nebraska Workers' Compensation Court has authority to rule on a motion for default judgment. Cruz-Morales v. Swift Beef Co., 275 Neb. 407, 746 N.W.2d 698 (2008).
The compensation court may rule upon any motion addressed to the court by any party to a suit or proceeding, including, but not limited to, motions for summary judgment or other motions for judgment on the pleadings but not including motions for new trial. Yost v. Davita, Inc., 23 Neb. App. 482, 873 N.W.2d 435 (2015).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-164 - Compensation court; rules and regulations.

48-164.
Compensation court; rules and regulations.
The Nebraska Workers' Compensation Court shall regulate and provide the kind and character of notices and the services thereof and, in case of an injury by accident to an employee, the nature and extent of the proofs and evidence and the method of taking and furnishing the same for the establishment of the right to compensation. It shall determine the nature and form or forms of the application of those claiming to be entitled to benefits or compensation and shall regulate the method of making investigations, physical examinations, and inspections and prescribe the time within which adjudications and awards shall be made. Such rules and regulations shall conform to the provisions of the Nebraska Workers' Compensation Act.
Source
Laws 1917, c. 85, § 29, p. 220;
C.S.1922, § 3080;
C.S.1929, § 48-157;
Laws 1935, c. 57, § 36, p. 205;
C.S.Supp.,1941, § 48-157;
R.S.1943, § 48-164;
Laws 1945, c. 113, § 5, p. 365;
Laws 1986, LB 811, § 97;
Laws 2023, LB191, § 9.
Operative Date: September 2, 2023
Cross References
For service of documents upon adverse party or attorney, see section 25-534.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-165 - Blank forms; distribution; fees; telephone number.

48-165.
Blank forms; distribution; fees; telephone number.
(1) The administrator of the Nebraska Workers' Compensation Court shall prepare and make available to employees, employers, and workers' compensation insurers such blank forms as deemed proper and advisable.
(2) The administrator of the compensation court may establish a schedule of fees for services including, but not limited to, copying, reproducing documents from preservation duplicates, preparing forms and other material, responding to inquiries for information, and preparing publications. In establishing fees, the administrator may consider costs for time, material, and delivery.
(3) The administrator of the compensation court may maintain a toll-free telephone number and assign staff members of the compensation court to respond to inquiries from employees, employers, and others regarding the operation of the Nebraska Workers' Compensation Act and to provide information regarding the rights, benefits, and obligations of injured employees and their employers under the act.
Source
Laws 1917, c. 85, § 29, p. 221;
C.S.1922, § 3080;
C.S.1929, § 48-157;
Laws 1935, c. 57, § 36, p. 206;
C.S.Supp.,1941, § 48-157;
R.S.1943, § 48-165;
Laws 1949, c. 161, § 4, p. 412;
Laws 1983, LB 263, § 3;
Laws 1986, LB 811, § 98;
Laws 2005, LB 13, § 22.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-166 - Compensation court; annual report; contents.

48-166.
Compensation court; annual report; contents.
On or before January 1 of each year, the Nebraska Workers' Compensation Court shall submit electronically an annual report to the Clerk of the Legislature for the past fiscal year which shall include (1) pertinent information regarding settlements and awards made by the compensation court, (2) the causes of the accidents leading to the injuries for which the settlements and awards were made, (3) a statement of the total expense of the compensation court, (4) any other matters which the compensation court deems proper to include, and (5) any recommendations it may desire to make.
Source
Laws 1917, c. 85, § 29, p. 221;
C.S.1922, § 3080;
C.S.1929, § 48-157;
Laws 1935, c. 57, § 36, p. 206;
C.S.Supp.,1941, § 48-157;
R.S.1943, § 48-166;
Laws 1945, c. 113, § 6, p. 366;
Laws 1955, c. 231, § 7, p. 720;
Laws 1986, LB 811, § 99;
Laws 1999, LB 216, § 16;
Laws 2013, LB222, § 16.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-167 - Compensation court; record.

48-167.
Compensation court; record.
The Nebraska Workers' Compensation Court shall keep and maintain a full and true record of all proceedings, documents, or papers ordered filed, rules and regulations, and decisions or orders.
Source
Laws 1917, c. 85, § 29, p. 221;
C.S.1922, § 3080;
C.S.1929, § 48-157;
Laws 1935, c. 57, § 36, p. 205;
C.S.Supp.,1941, § 48-157;
R.S.1943, § 48-167;
Laws 1945, c. 113, § 7, p. 366;
Laws 1986, LB 811, § 100;
Laws 2011, LB151, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-169 - Compensation court; proceedings; transcripts.

48-169.
Compensation court; proceedings; transcripts.
A transcribed copy of the evidence and proceedings, or any specific part thereof, of any investigation taken by a stenographer for the Nebraska Workers' Compensation Court or by a court reporter appointed or furnished as provided in section 48-178, being certified and sworn to by such stenographer or court reporter, to be a true and correct transcript of the testimony, or of a particular witness, or any specific part thereof, or to be a correct copy of the transcript of the proceedings had on such investigation so purporting to be taken and transcribed, may be received in evidence by the compensation court with the same effect as if such stenographer or court reporter were present and testified to the facts certified. A copy of such transcript shall be furnished on demand to any party in interest upon payment of the fee therefor, as provided for transcripts in the district courts of the State of Nebraska.
Source
Laws 1917, c. 85, § 29, p. 221;
C.S.1922, § 3080;
C.S.1929, § 48-157;
Laws 1935, c. 57, § 36, p. 205;
C.S.Supp.,1941, § 48-157;
R.S.1943, § 48-169;
Laws 1986, LB 811, § 102;
Laws 1992, LB 360, § 18.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-171 - Order; award; judgment; use of terms.

48-171.
Order; award; judgment; use of terms.
Except as otherwise provided in sections 48-192 to 48-1,109, the words order, award, and judgment, as used in the Nebraska Workers' Compensation Act, are used interchangeably and are deemed to have the same meaning.
Source
Laws 1935, c. 57, § 12, p. 192;
C.S.Supp.,1941, § 48-173;
R.S.1943, § 48-171;
Laws 1986, LB 811, § 104.
Annotations
There is a distinction between findings of the workmen's compensation court and its order, award, or judgment. Light v. Nebraska Workmen's Compensation Court, 166 Neb. 540, 89 N.W.2d 833 (1958).
Right of either party to refuse award, order, 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).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-172 - Compensation court; no filing fees; exceptions; costs; when allowed.

48-172.
Compensation court; no filing fees; exceptions; costs; when allowed.
Except as provided in sections 48-138 and 48-139, there shall be no filing fees charged by the Nebraska Workers' Compensation Court. When a reasonable attorney's fee is allowed the employee against the employer as provided in section 48-125, the compensation court shall further assess against the employer as costs of the employee the cost of depositions if admitted into evidence and may further assess against the employer the fees and mileage for necessary witnesses attending the proceedings at the instance of the employee. Both the necessity for the witness and the reasonableness of the fees shall be approved by the compensation court. Such witnesses shall be reimbursed for their necessary mileage at the rate provided in section 81-1176.
Source
Laws 1917, c. 85, § 29, p. 222;
C.S.1922, § 3080;
C.S.1929, § 48-157;
Laws 1935, c. 57, § 36, p. 206;
C.S.Supp.,1941, § 48-157;
R.S.1943, § 48-172;
Laws 1983, LB 18, § 6;
Laws 1986, LB 811, § 105;
Laws 1993, LB 757, § 26.
Annotations
This section does not authorize taxation of the fee of an expert witness as an item of cost. Inserra v. Village Inn Pancake House, 197 Neb. 168, 247 N.W.2d 625 (1976).
Guardian ad litem fees were payable from fund awarded under Workmen's Compensation Act. Copple v. Bowlin, 172 Neb. 467, 110 N.W.2d 117 (1961).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-173 - Petition; filing; contents; medical finding required.

48-173.
Petition; filing; contents; medical finding required.
Procedure before the Nebraska Workers' Compensation Court shall be as follows: In all cases involving a dispute with reference to workers' compensation, either party at interest, without cost, either in person or by attorney, may file with the compensation court a petition setting forth the names and places of residence of the parties and the facts relating to the employment at the time of the injury for which compensation is claimed, the injury in its extent and character, the amount of wages being received at the time of the injury, the knowledge of or notice to the employer of the occurrence of such injury, and such other facts as may be considered necessary for the information of the compensation court, and also stating the matter or matters in dispute and the contention of the petitioner with reference thereto.
No petition may be filed with the compensation court solely on the issue of reasonableness and necessity of medical treatment unless a medical finding on such issue has been rendered by an independent medical examiner pursuant to section 48-134.01.
Source
Laws 1935, c. 57, § 13, p. 192;
C.S.Supp.,1941, § 48-174;
R.S.1943, § 48-173;
Laws 1978, LB 649, § 5;
Laws 1986, LB 811, § 106;
Laws 1993, LB 757, § 27;
Laws 1998, LB 1010, § 5.
Annotations
This section sets out the requirements of a petition in the compensation court. Shada v. Whitney, 172 Neb. 220, 109 N.W.2d 167 (1961).
Petition is required to set out the matters in dispute. Towner v. Western Contracting Corp., 164 Neb. 235, 82 N.W.2d 253 (1957).
Either party at interest may initiate workmen's compensation proceeding. Fidelity & Casualty Co. v. Kennard, 162 Neb. 220, 75 N.W.2d 553 (1956).
Either party may file petition in case of dispute. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953).
This section provides for the filing of petition in the compensation court. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).
Petition must be filed within one year from date of accident unless true character of the injuries was not known at the time. Surratt v. Otoe Food Products Co., 146 Neb. 854, 21 N.W.2d 862 (1946).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-174 - Summons; service; return.

48-174.
Summons; service; return.
Upon the filing of such petition a summons shall issue and be served upon the adverse party, as in civil causes, together with a copy of the petition. Return of service shall be made within fourteen days after the date of issue. An acknowledgment on the summons or the voluntary appearance of a defendant is equivalent to service.
Source
Laws 1935, c. 57, § 13, p. 192;
C.S.Supp.,1941, § 48-174;
R.S.1943, § 48-174;
Laws 1978, LB 649, § 6;
Laws 2000, LB 1221, § 13;
Laws 2023, LB191, § 10.
Operative Date: September 2, 2023
Annotations
Where on appeal there was timely service in fact of petition on adverse party and no prejudice resulted from the use of regular mail instead of certified or registered mail, motion to dismiss was properly overruled. Bourn v. James, 191 Neb. 635, 216 N.W.2d 739 (1974).
Service of summons may be made either as in civil cases or by registered mail. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-175 - Summons; service.

48-175.
Summons; service.
(1) Whenever the post office address of the defendant is known or may be ascertained by the officer or person charged with the duty of serving the same, such summons may be served by such officer or person by certified mail.
(2) In the event the party to be served, in accordance with subsection (1) of this section, is a corporation, a partnership, or a limited liability company, a certified copy of the summons shall be directed to the proper officer, agent, or member of such organization who is authorized by law to accept service of process.
(3) The officer in making his or her return of all processes served, in accordance with subsection (1) or (2) of this section, shall append to and file with the original return the return receipt as herein set forth. Any judge of the Nebraska Workers' Compensation Court may serve or cause to be served such summons by certified mail as provided in this section.
Source
Laws 1935, c. 57, § 13, p. 192;
C.S.Supp.,1941, § 48-174;
R.S.1943, § 48-175;
Laws 1953, c. 163, § 2, p. 513;
Laws 1957, c. 242, § 41, p. 853;
Laws 1983, LB 447, § 69;
Laws 1986, LB 811, § 107;
Laws 1993, LB 121, § 285.
Annotations
Where on appeal there was timely service in fact of petition on adverse party and no prejudice resulted from the use of regular mail instead of certified or registered mail, motion to dismiss was properly overruled. Bourn v. James, 191 Neb. 635, 216 N.W.2d 739 (1974).
Certified copy of summons must be served. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).
Voluntary appearance entered by Attorney General in compensation case does not waive immunity of state from suit. Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-176 - Answer; filing; contents.

48-176.
Answer; filing; contents.
Within seven days after the return day of such summons the party at interest upon whom the same is served shall file an answer to such petition, which shall admit or deny the substantial averments of the petition, and shall state the contention of the defendant with reference to the matters in dispute as disclosed by the petition.
Source
Laws 1935, c. 57, § 13, p. 193;
C.S.Supp.,1941, § 48-174;
R.S.1943, § 48-176;
Laws 1978, LB 649, § 7.
Annotations
Answer is required to state the contention of the defendant with respect to the matters in dispute. Shada v. Whitney, 172 Neb. 220, 109 N.W.2d 167 (1961).
Evidence of second injury was admissible under general denial. Towner v. Western Contracting Corp., 164 Neb. 235, 82 N.W.2d 253 (1957).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.