reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-903 - Terms, defined.

47-903.
Terms, defined.
For purposes of the Office of Inspector General of the Nebraska Correctional System Act, the following definitions apply:
(1) Administrator means a person charged with administration of a program, an office, or a division of the department or administration of a private agency;
(2) Department means the Department of Correctional Services;
(3) Director means the Director of Correctional Services;
(4) Division of Parole Supervision means the division created pursuant to section 83-1,100;
(5) Inspector General means the Inspector General of the Nebraska Correctional System appointed under section 47-904;
(6) Malfeasance means a wrongful act that the actor has no legal right to do or any wrongful conduct that affects, interrupts, or interferes with performance of an official duty;
(7) Management means supervision of subordinate employees;
(8) Misfeasance means the improper performance of some act that a person may lawfully do;
(9) Obstruction means hindering an investigation, preventing an investigation from progressing, stopping or delaying the progress of an investigation, or making the progress of an investigation difficult or slow;
(10) Office means the office of Inspector General of the Nebraska Correctional System and includes the Inspector General and other employees of the office;
(11) Private agency means an entity that contracts with the department or contracts to provide services to another entity that contracts with the department; and
(12) Record means any recording in written, audio, electronic transmission, or computer storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, notation, or message, and includes, but is not limited to, medical records, mental health records, case files, clinical records, financial records, and administrative records.
Source
Laws 2015, LB598, § 3;
Laws 2016, LB1094, § 29;
Laws 2018, LB841, § 10.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-904 - Office of Inspector General of the Nebraska Correctional System; created; Inspector General; appointment; term; qualifications; employees; removal.

47-904.
Office of Inspector General of the Nebraska Correctional System; created; Inspector General; appointment; term; qualifications; employees; removal.
(1) The office of Inspector General of the Nebraska Correctional System is created within the office of Public Counsel for the purpose of conducting investigations, audits, inspections, and other reviews of the Nebraska correctional system. The Inspector General shall be appointed by the Public Counsel with approval from the chairperson of the Executive Board of the Legislative Council and the chairperson of the Judiciary Committee of the Legislature.
(2) The Inspector General shall be appointed for a term of five years and may be reappointed. The Inspector General shall be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management, public administration, investigation, or criminal justice administration or other closely related fields. No former or current executive or manager of the department shall be appointed Inspector General within five years after such former or current executive's or manager's period of service with the department. Not later than two years after the date of appointment, the Inspector General shall obtain certification as a Certified Inspector General by the Association of Inspectors General, its successor, or another nationally recognized organization that provides and sponsors educational programs and establishes professional qualifications, certifications, and licensing for inspectors general. During his or her employment, the Inspector General shall not be actively involved in partisan affairs.
(3) The Inspector General shall employ such investigators and support staff as he or she deems necessary to carry out the duties of the office within the amount available by appropriation through the office of Public Counsel for the office of Inspector General of the Nebraska Correctional System. The Inspector General shall be subject to the control and supervision of the Public Counsel, except that removal of the Inspector General shall require approval of the chairperson of the Executive Board of the Legislative Council and the chairperson of the Judiciary Committee of the Legislature.
Source
Laws 2015, LB598, § 4.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-906 - Office; access to information and personnel; investigation.

47-906.
Office; access to information and personnel; investigation.
(1) The office shall have access to all information and personnel necessary to perform the duties of the office.
(2) A full investigation conducted by the office shall consist of retrieval of relevant records through subpoena, request, or voluntary production, review of all relevant records, and interviews of all relevant persons.
Source
Laws 2015, LB598, § 6.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-907 - Complaints to office; form; full investigation; when; notice.

47-907.
Complaints to office; form; full investigation; when; notice.
(1) Complaints to the office may be made in writing. A complaint shall be evaluated to determine if it alleges possible misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department by an employee of or a person under contract with the department or a private agency. All complaints shall be evaluated to determine whether a full investigation is warranted.
(2) The office shall not conduct a full investigation of a complaint unless:
(a) The complaint alleges misconduct, misfeasance, malfeasance, or violation of a statute or of rules and regulations of the department;
(b) The complaint is against a person within the jurisdiction of the office; and
(c) The allegations can be independently verified through investigation.
(3) The Inspector General shall determine within fourteen days after receipt of a complaint whether the office will conduct a full investigation.
(4) When a full investigation is opened on a private agency that contracts with the department, the Inspector General shall give notice of such investigation to the department.
Source
Laws 2015, LB598, § 7.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-908 - Cooperation with office; when required.

47-908.
Cooperation with office; when required.
All employees of the department, all employees of the Division of Parole Supervision, and all owners, operators, managers, supervisors, and employees of private agencies shall cooperate with the office. Cooperation includes, but is not limited to, the following:
(1) Provision of full access to and production of records and information. Providing access to and producing records and information for the office is not a violation of confidentiality provisions under any statute, rule, or regulation if done in good faith for purposes of an investigation under the Office of Inspector General of the Nebraska Correctional System Act;
(2) Fair and honest disclosure of records and information reasonably requested by the office in the course of an investigation under the act;
(3) Encouraging employees to fully comply with reasonable requests of the office in the course of an investigation under the act;
(4) Prohibition of retaliation by owners, operators, or managers against employees for providing records or information or filing or otherwise making a complaint to the office;
(5) Not requiring employees to gain supervisory approval prior to filing a complaint with or providing records or information to the office;
(6) Provision of complete and truthful answers to questions posed by the office in the course of an investigation; and
(7) Not willfully interfering with or obstructing the investigation.
Source
Laws 2015, LB598, § 8;
Laws 2016, LB1094, § 30;
Laws 2018, LB841, § 11.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-910 - Inspector General; powers; rights of person required to provide information.

47-910.
Inspector General; powers; rights of person required to provide information.
The Inspector General may issue a subpoena, enforceable by action in an appropriate court, to compel any person to appear, give sworn testimony, or produce documentary or other evidence deemed relevant to a matter under his or her inquiry. A person thus required to provide information shall be paid the same fees and travel allowances and shall be accorded the same privileges and immunities as are extended to witnesses in the district courts of this state and shall also be entitled to have counsel present while being questioned.
Source
Laws 2015, LB598, § 10.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-912 - Reports of investigations; distribution; redact confidential information; powers of office.

47-912.
Reports of investigations; distribution; redact confidential information; powers of office.
(1) Reports of investigations conducted by the office shall not be distributed beyond the entity that is the subject of the report without the consent of the Inspector General.
(2) The office shall redact confidential information before distributing a report of an investigation. The office may disclose confidential information to the chairperson of the Judiciary Committee of the Legislature when such disclosure is, in the judgment of the Public Counsel, desirable to keep the chairperson informed of important events, issues, and developments in the Nebraska correctional system.
(3)(a) A summarized final report based on an investigation may be publicly released in order to bring awareness to systemic issues.
(b) Such report shall be released only:
(i) After a disclosure is made to the chairperson pursuant to subsection (2) of this section; and
(ii) If a determination is made by the Inspector General with the chairperson that doing so would be in the best interest of the public.
(c) If there is disagreement about whether releasing the report would be in the best interest of the public, the chairperson of the Executive Board of the Legislative Council may be asked to make the final decision.
(4) Records and documents, regardless of physical form, that are obtained or produced by the office in the course of an investigation are not public records for purposes of sections 84-712 to 84-712.09. Reports of investigations conducted by the office are not public records for purposes of sections 84-712 to 84-712.09.
(5) The office may withhold the identity of sources of information to protect from retaliation any person who files a complaint or provides information in good faith pursuant to the Office of Inspector General of the Nebraska Correctional System Act.
Source
Laws 2015, LB598, § 12;
Laws 2017, LB539, § 3.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-913 - Department; provide direct computer access.

47-913.
Department; provide direct computer access.
The department shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained by the department in connection with administration of the Nebraska correctional system, except that the Public Counsel's and Inspector General's access to an inmate's medical or mental health records shall be subject to the inmate's consent.
Source
Laws 2015, LB598, § 13.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-914 - Inspector General's report of investigation; contents; distribution.

47-914.
Inspector General's report of investigation; contents; distribution.
(1) The Inspector General's report of an investigation shall be in writing to the Public Counsel and shall contain recommendations. The report may recommend systemic reform or case-specific action, including a recommendation for discharge or discipline of employees or for sanctions against a private agency. All recommendations to pursue discipline shall be in writing and signed by the Inspector General. A report of an investigation shall be presented to the director within fifteen days after the report is presented to the Public Counsel.
(2) Any person receiving a report under this section shall not further distribute the report or any confidential information contained in the report. The report shall not be distributed beyond the parties except through the appropriate court procedures to the judge.
(3) A report that identifies misconduct, misfeasance, malfeasance, violation of statute, or violation of rules and regulations by an employee of the department or a private agency that is relevant to providing appropriate supervision of an employee may be shared with the employer of such employee. The employer may not further distribute the report or any confidential information contained in the report.
Source
Laws 2015, LB598, § 14.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-915 - Report; director; accept, reject, or request modification; when final; written response; corrected report; appended material.

47-915.
Report; director; accept, reject, or request modification; when final; written response; corrected report; appended material.
(1) Within fifteen days after a report is presented to the director under section 47-914, he or she shall determine whether to accept, reject, or request in writing modification of the recommendations contained in the report. The Inspector General, with input from the Public Counsel, may consider the director's request for modifications but is not obligated to accept such request. Such report shall become final upon the decision of the director to accept or reject the recommendations in the report or, if the director requests modifications, within fifteen days after such request or after the Inspector General incorporates such modifications, whichever occurs earlier.
(2) Within fifteen days after the report is presented to the director, the report shall be presented to the private agency or other provider of correctional services that is the subject of the report and to persons involved in the implementation of the recommendations in the report. Within forty-five days after receipt of the report, the private agency or other provider may submit a written response to the office to correct any factual errors in the report. The Inspector General, with input from the Public Counsel, shall consider all materials submitted under this subsection to determine whether a corrected report shall be issued. If the Inspector General determines that a corrected report is necessary, the corrected report shall be issued within fifteen days after receipt of the written response.
(3) If the Inspector General does not issue a corrected report pursuant to subsection (2) of this section or if the corrected report does not address all issues raised in the written response, the private agency or other provider may request that its written response, or portions of the response, be appended to the report or corrected report.
Source
Laws 2015, LB598, § 15.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-916 - Report or work product; no court review.

47-916.
Report or work product; no court review.
No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of his or her staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within his or her official cognizance except in a proceeding brought to enforce the Office of Inspector General of the Nebraska Correctional System Act.
Source
Laws 2015, LB598, § 16.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-917 - Inspector General; investigation of complaints; priority and selection.

47-917.
Inspector General; investigation of complaints; priority and selection.
The Office of Inspector General of the Nebraska Correctional System Act does not require the Inspector General to investigate all complaints. The Inspector General, with input from the Public Counsel, shall prioritize and select investigations and inquiries that further the intent of the act and assist in legislative oversight of the Nebraska correctional system. If the Inspector General determines that he or she will not investigate a complaint, the Inspector General may recommend to the parties alternative means of resolution of the issues in the complaint.
Source
Laws 2015, LB598, § 17.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-918 - Summary of reports and investigations; contents.

47-918.
Summary of reports and investigations; contents.
On or before September 15 of each year, the Inspector General shall provide to each member of the Judiciary Committee of the Legislature, the Governor, and the Clerk of the Legislature a summary of reports and investigations made under the Office of Inspector General of the Nebraska Correctional System Act for the preceding year. The summary provided to the Clerk of the Legislature shall be provided electronically. The summaries shall include recommendations and an update on the status of recommendations made in prior summaries, if any. The recommendations may address issues discovered through investigations, audits, inspections, and reviews by the office that will (1) increase accountability and legislative oversight of the Nebraska correctional system, (2) improve operations of the department and the Nebraska correctional system, (3) deter and identify fraud, abuse, and illegal acts, and (4) identify inconsistencies between statutory requirements and requirements for accreditation. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations.
Source
Laws 2015, LB598, § 18.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-919 - Division of Parole Supervision; provide access to records, reports, and documents.

47-919.
Division of Parole Supervision; provide access to records, reports, and documents.
The Division of Parole Supervision shall provide the Public Counsel and the Inspector General with direct computer access to all computerized records, reports, and documents maintained in connection with administration of the Nebraska parole system, except that access for the Public Counsel and the Inspector General to a parolee's medical or mental health records shall be subject to the parolee's consent.
Source
Laws 2016, LB1094, § 31;
Laws 2018, LB841, § 12.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-920 - Limitations on personnel action.

47-920.
Limitations on personnel action.
Any person who has authority to recommend, approve, direct, or otherwise take or affect personnel action shall not, with respect to such authority:
(1) Take personnel action against an employee because of the disclosure of information by the employee to the office which the employee reasonably believes evidences wrongdoing under the Office of Inspector General of the Nebraska Correctional System Act;
(2) Take personnel action against an employee as a reprisal for the submission of an allegation of wrongdoing under the act to the office by such employee; or
(3) Take personnel action against an employee as a reprisal for providing information or testimony pursuant to an investigation by the office.
Source
Laws 2017, LB539, § 4.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-1001 - Act, how cited.

47-1001.
Act, how cited.
Sections 47-1001 to 47-1007 shall be known and may be cited as the Healthy Pregnancies for Incarcerated Women Act.
Source
Laws 2019, LB690, § 1.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-1002 - Legislative findings and declarations.

47-1002.
Legislative findings and declarations.
The Legislature finds and declares:
(1) Restraining a pregnant woman can pose undue health risks to the woman and her pregnancy;
(2) The majority of female prisoners and detainees in Nebraska are nonviolent offenders;
(3) Restraining prisoners and detainees increases their potential for physical harm from an accidental trip or fall. The impact of such harm to a pregnant woman can negatively impact her pregnancy;
(4) Freedom from physical restraints is especially critical during labor, delivery, and postpartum recovery after delivery. Women often need to move around during labor and recovery, including moving their legs as part of the birthing process. Restraints on a pregnant woman can interfere with medical staff's ability to appropriately assist in childbirth or to conduct sudden emergency procedures; and
(5) The Federal Bureau of Prisons, the United States Marshals Service, the American Correctional Association, the American College of Obstetricians and Gynecologists, the American Medical Association, and the American Public Health Association all oppose or severely limit the routine shackling of women during labor, delivery, and postpartum recovery because it is unnecessary and dangerous to a woman's health and well-being and creates an unnecessary risk to the baby during birth.
Source
Laws 2019, LB690, § 2.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-1003 - Terms, defined.

47-1003.
Terms, defined.
For the purposes of the Healthy Pregnancies for Incarcerated Women Act:
(1) Administrator means the Director of Correctional Services, the sheriff or other person charged with administration of a jail, or any other official responsible for the administration of a detention facility;
(2) Detainee includes any adult or juvenile female detained under the immigration laws of the United States at any detention facility;
(3) Detention facility means any:
(a) Facility operated by the Department of Correctional Services;
(b) City or county jail;
(c) Juvenile detention facility or staff secure juvenile facility as such terms are defined in section 83-4,125; or
(d) Any other entity or institution operated by the state, a political subdivision, or a combination of political subdivisions for the careful keeping or rehabilitative needs of prisoners or detainees;
(4) Labor means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;
(5) Postpartum recovery means, as determined by her physician, the period immediately following delivery, including the entire period a woman is in the hospital or infirmary after birth;
(6) Prisoner means any adult or juvenile incarcerated or detained in any detention facility and includes, but is not limited to, any adult or juvenile who is accused of, convicted of, sentenced for, or adjudicated for violations of criminal law or the terms and conditions of parole, probation, pretrial release, post-release supervision, or a diversionary program; and
(7) Restraints means any physical restraint or mechanical device used to control the movement of a prisoner or detainee's body or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security or tether chain, or a convex shield.
Source
Laws 2019, LB690, § 3.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-1005 - Civil action authorized.

47-1005.
Civil action authorized.
Any prisoner or detainee restrained in violation of the Healthy Pregnancies for Incarcerated Women Act may file a civil action which shall be pursued as a tort claim under the Political Subdivisions Tort Claims Act or the State Tort Claims Act.
Source
Laws 2019, LB690, § 5.
Cross References
Political Subdivisions Tort Claims Act, see section 13-901.
State Tort Claims Act, see section 81-8,235.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-1006 - Rules and regulations.

47-1006.
Rules and regulations.
(1) On or before October 1, 2019, each detention facility in this state shall adopt and promulgate rules and regulations to carry out the Healthy Pregnancies for Incarcerated Women Act. A detention facility may also adopt and promulgate such rules and regulations developed by the Jail Standards Board or the Nebraska Commission on Law Enforcement and Criminal Justice. Such rules and regulations shall be included in any handbook for prisoners or detainees.
(2) On and after October 1, 2019, a detention facility shall inform each prisoner or detainee of the rules and regulations adopted and promulgated under this section upon admission to the detention facility.
(3) On or before November 1, 2019, a detention facility shall inform any prisoner or detainee in custody of the detention facility, who has not previously been informed, of the rules and regulations adopted and promulgated under this section.
Source
Laws 2019, LB690, § 6.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-1007 - Report; contents.

47-1007.
Report; contents.
On or before June 1, 2020, and each June 1 thereafter, each administrator of a detention facility shall submit a report describing any use of restraints on a pregnant prisoner or detainee in the preceding calendar year. The Director of Correctional Services shall submit such report to the Inspector General of the Nebraska Correctional System. An administrator of a detention facility operated by a political subdivision shall submit such report to the Jail Standards Board. The report shall not contain individually identifying information of any prisoner or detainee. Such reports shall be made available for public inspection.
Source
Laws 2019, LB690, § 7.
2023 Nebraska Revised Statutes › Chapter 47 - Jails and Correctional Facilities › 47-1008 - Detention facility; supply feminine hygiene product.

47-1008.
Detention facility; supply feminine hygiene product.
(1) For purposes of this section:
(a) Detention facility means any:
(i) Facility operated by the Department of Correctional Services;
(ii) City or county jail;
(iii) Juvenile detention facility or staff secure juvenile facility as such terms are defined in section 83-4,125; or
(iv) Any other entity or institution operated by the state, a political subdivision, or a combination of political subdivisions for the careful keeping or rehabilitative needs of prisoners or detainees; and
(b) Prisoner means any adult or juvenile incarcerated or detained in any detention facility and includes, but is not limited to, any adult or juvenile who is accused of, convicted of, sentenced for, or adjudicated for violations of criminal law or the terms and conditions of parole, probation, pretrial release, post-release supervision, or a diversionary program.
(2) If any female prisoner in a detention facility needs a feminine hygiene product, the detention facility shall supply such product to the prisoner free of charge.
Source
Laws 2022, LB984, § 11.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-102 - Employer's liability; negligence; action; defenses denied.

48-102.
Employer's liability; negligence; action; defenses denied.
In all cases brought under sections 48-101 to 48-108, it shall not be a defense (a) that the employee was negligent, unless it shall also appear that such negligence was willful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence of a fellow employee; or (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished.
Source
Laws 1913, c. 198, § 2, p. 579;
R.S.1913, § 3643;
C.S.1922, § 3025;
C.S.1929, § 48-102;
R.S.1943, § 48-102;
Laws 1971, LB 572, § 2.
Annotations
A common-law misrepresentation defense to govern when an applicant's misrepresentation will bar recovery of workers' compensation benefits is incompatible with the Nebraska Workers' Compensation Act, overruling
Hilt Truck Lines, Inc. v. Jones,
204 Neb. 115, 281 N.W.2d 399 (1979). Bassinger v. Nebraska Heart Hosp., 282 Neb. 835, 806 N.W.2d 395 (2011).
The statutory defense under this section applies to employees, not applicants. Bassinger v. Nebraska Heart Hosp., 282 Neb. 835, 806 N.W.2d 395 (2011).
This section eliminates from workers' compensation proceedings the three common-law defenses of contributory negligence, the fellow-servant rule, and assumption of the risk, preserving only the employee's willful negligence and intoxication as defenses which the employer may raise. Estate of Coe v. Willmes Trucking, 268 Neb. 880, 689 N.W.2d 318 (2004).
Willful exposure to freezing weather was not a defense. Mead v. Missouri Valley Grain, Inc., 178 Neb. 553, 134 N.W.2d 243 (1965).
Allegation that disability was due to employee's failure to allow normal recovery constituted charge of willful negligence. Rexroat v. State, 142 Neb. 596, 7 N.W.2d 163 (1942).
Defense of assumption of risk is not available. Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923).
Defense that plaintiff was willfully negligent was not established by evidence. Brown v. York Water Co., 104 Neb. 516, 177 N.W. 833 (1920).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-103 - Employer's liability; defenses; when not available.

48-103.
Employer's liability; defenses; when not available.
If an employer, as defined in section 48-106, does not carry a policy of workers' compensation insurance nor qualify as a self-insurer or, in the case of an employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, is not a party to an effective agreement pursuant to section 48-115.02, he or she loses the right to interpose the three defenses mentioned in section 48-102 in any action brought against him or her for personal injury or death of an employee.
Source
Laws 1913, c. 198, § 3, p. 579;
R.S.1913, § 3644;
C.S.1922, § 3026;
C.S.1929, § 48-103;
R.S.1943, § 48-103;
Laws 1971, LB 572, § 3;
Laws 1986, LB 811, § 25;
Laws 1997, LB 474, § 1.
Annotations
Under this section, when an employer fails to carry workers' compensation insurance or an acceptable alternative and an injured employee elects to seek damages in a common-law action, the employer "loses the right to interpose" contributory negligence (unless the employee was intoxicated or willfully negligent), the fellow-servant rule, and assumption of the risk as defenses in the action. Estate of Coe v. Willmes Trucking, 268 Neb. 880, 689 N.W.2d 318 (2004).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-105 - Preceding sections; application.

48-105.
Preceding sections; application.
The provisions of sections 48-101 to 48-103 shall apply to any claim for the death of an employee arising under sections 30-809 and 30-810 concerning death by wrongful act.
Source
Laws 1913, c. 198, § 5, p. 580;
R.S.1913, § 3646;
C.S.1922, § 3028;
C.S.1929, § 48-105;
R.S.1943, § 48-105;
Laws 1971, LB 572, § 4;
Laws 1994, LB 414, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-107 - Employer's liability; employee's willful negligence; burden of proof.

48-107.
Employer's liability; employee's willful negligence; burden of proof.
In all actions at law brought pursuant to sections 48-101 to 48-108 the burden of proof to establish willful negligence of the injured employee shall be on the defendant.
Source
Laws 1913, c. 198, § 7, p. 580;
R.S.1913, § 3648;
C.S.1922, § 3030;
C.S.1929, § 48-107;
R.S.1943, § 48-107.
Annotations
The burden of proving intoxication as a defense is on the employer. Johnson v. Hahn Bros. Const. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972).
Mere negligence of employee is not sufficient to preclude recovery, but such conduct must be shown as manifests a reckless disregard of consequences coupled with a consciousness that injury will naturally or probably result. Richards v. Abts, 136 Neb. 741, 287 N.W. 199 (1939).
Burden is on employer to establish willful negligence, and he must prove a deliberate act knowingly done or conduct evidencing reckless indifference to his own safety on part of employee. Hoff v. Edgar, 133 Neb. 403, 275 N.W. 602 (1937).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-112 - Elective compensation; presumption.

48-112.
Elective compensation; presumption.
In the occupations described in section 48-106, all contracts of employment shall be presumed to have been made with reference and subject to the Nebraska Workers' Compensation Act. Every such employer and every employee is presumed to accept and come under such sections.
Source
Laws 1913, c. 198, § 12, p. 582;
R.S.1913, § 3653;
Laws 1917, c. 85, § 2, p. 199;
C.S.1922, § 3035;
C.S.1929, § 48-112;
Laws 1935, c. 57, § 17, p. 196;
C.S.Supp.,1941, § 48-112;
R.S.1943, § 48-112;
Laws 1971, LB 572, § 6;
Laws 1986, LB 811, § 31.
Annotations
A public utility employee cannot maintain a separate suit against a city for an injury incurred on the job, because the Nebraska Workers' Compensation Act is the exclusive remedy of the injured public utility employee against the city where the public utility is an agency or department of the city. Hofferber v. City of Hastings, 275 Neb. 503, 747 N.W.2d 389 (2008).
Employee must be given notice under this section. Imus v. Bead Mountain Ranch, Inc., 183 Neb. 343, 160 N.W.2d 171 (1968).
Sale of seed corn upon a commission basis did not constitute salesman an employee. Bohy v. Pfister Hybrid Co., 179 Neb. 337, 138 N.W.2d 23 (1965).
Election of employee not to come under part II of act is binding on his dependents. White v. National Window Cleaning Co., 132 Neb. 155, 271 N.W. 341 (1937).
Where it was not disclosed whether contract was made before or after taking effect of act, presumption that act was applicable did not arise. Smith v. Fall, 122 Neb. 783, 241 N.W. 560 (1932).
Both parties are presumed to have contracted with reference to Workmen's Compensation Act and subject thereto. Dietz Club v. Niehaus, 110 Neb. 154, 193 N.W. 344 (1923); Avre v. Sexton, 110 Neb. 149, 193 N.W. 342 (1923); Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923); Nosky v. Farmers Union Co-op. Assn., 109 Neb. 489, 191 N.W. 846 (1922).
Employer cannot take advantage of own fault to detriment of employee. Dietz Club v. Niehaus, 110 Neb. 154, 193 N.W. 344 (1923).
Noninsuring employer is liable either for damages at common law or compensation, at election of employee. Avre v. Sexton, 110 Neb. 149, 193 N.W. 342 (1923); Nedela v. Mares Auto Co., 110 Neb. 108, 193 N.W. 345 (1923).
Minor employee may elect under Workmen's Compensation Act. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-115.01 - Employee; extend coverage; when.

48-115.01.
Employee; extend coverage; when.
Sections 48-115, 48-115.01, and 48-146 shall be so construed as to effectuate their general purpose to extend workers' compensation coverage to additional employees and officers as soon as the same may be done under the Constitution of Nebraska.
Source
Laws 1967, c. 291, § 3, p. 796;
Laws 1986, LB 811, § 34.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-115.02 - Lessor of commercial motor vehicles; agreement with self-insured motor carrier; authorized; effect.

48-115.02.
Lessor of commercial motor vehicles; agreement with self-insured motor carrier; authorized; effect.
An employer who is a lessor of one or more commercial motor vehicles leased to a self-insured motor carrier, may agree with the self-insured motor carrier that benefits under the Nebraska Workers' Compensation Act with respect to personal injury or death to the driver or drivers employed by such lessor caused by accident or occupational disease arising out of and in the course of performing services for the self-insured motor carrier in connection with such lease shall be paid by the self-insured motor carrier in the same manner and to the same extent as benefits under the Nebraska Workers' Compensation Act are paid to or on behalf of employees of the self-insured motor carrier. To participate in an agreement under this section the motor carrier's principal place of business must be in this state and the motor carrier must be authorized to self-insure liability under the Nebraska Workers' Compensation Act.
Such an agreement shall (1) constitute compliance by such lessor with the requirements of section 48-145 with respect to such driver or drivers, but only insofar as liability for personal injury or death to the driver or drivers employed by such lessor caused by accident or occupational disease arising out of and in the course of performing services for such self-insured motor carrier in connection with such lease is concerned, (2) be enforceable against such self-insured motor carrier in the same manner and to the same extent as claims arising under the Nebraska Workers' Compensation Act by employees of such self-insured motor carrier, and (3) not be deemed to be a contract of insurance for purposes of Chapter 44. Section 48-111 shall apply to such lessor, the driver or drivers employed by such lessor, and the self-insured motor carrier with respect to personal injury or death caused to such driver or drivers by accident or occupational disease arising out of and in the course of performing services for such self-insured motor carrier in connection with such lease while such an agreement is effective.
Source
Laws 1997, LB 474, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-117 - Employers; evasion of law; compensation; calculation.

48-117.
Employers; evasion of law; compensation; calculation.
When compensation is claimed from or proceedings taken against a person, firm, or corporation under section 48-116, the compensation shall be calculated with reference to the wage the worker was receiving from the person by whom he or she was immediately employed at the time of the injury.
Source
Laws 1913, c. 198, § 17, p. 585;
R.S.1913, § 3658;
C.S.1922, § 3040;
C.S.1929, § 48-117;
R.S.1943, § 48-117;
Laws 1986, LB 811, § 36.
Annotations
Where the wage is certain, employment is continuous, and contract of hire is definite, compensation will be computed according to the terms of contract in force at the time of the accident. Redfern v. Safeway Stores, Inc., 145 Neb. 288, 16 N.W.2d 196 (1944).
Injured workman, working only one day in week, was only entitled to compensation upon basis of amount actually paid. Johnsen v. Benson Food Center, 143 Neb. 421, 9 N.W.2d 749 (1943).
Receipt and acceptance of workmen's compensation by city fireman does not deprive him of right to fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938).
Where contract was for thirty hours a week at fifty cents an hour, compensation award on basis of weekly wage of thirty dollars was error. Drum v. Omaha Steel Works, 129 Neb. 273, 261 N.W. 351 (1935).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-118.01 - Third-party claims; procedure; attorney's fees.

48-118.01.
Third-party claims; procedure; attorney's fees.
Before making a claim or bringing suit against a third person by the employee or his or her personal representative or by the employer or his or her workers' compensation insurer, thirty days' notice shall be given to the other potential parties, unless such notice is waived in writing, of the opportunity to join in such claim or action and to be represented by counsel. If a party entitled to notice cannot be found, the clerk of the Nebraska Workers' Compensation Court shall become the agent of such party for giving notice as required in this section. The notice when given to the clerk of the compensation court shall include an affidavit setting forth the facts, including the steps taken to locate such party.
After the expiration of thirty days, for failure to receive notice or other good cause shown, the district court before which the action is pending shall allow either party to intervene in such action, and if no action is pending then the district court in which it could be brought shall allow either party to commence such action. Each party shall have an equal voice in the claim and the prosecution of such suit, and any dispute arising shall be passed upon by the court before which the case is pending and if no action is pending then by the district court in which such action could be brought.
If the employee or his or her personal representative or the employer or his or her workers' compensation insurer join in prosecuting such claim and are represented by counsel, the reasonable expenses and the attorney's fees shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court before which the case is pending and if no action is pending then by the district court in which such action could be brought.
Source
Laws 2005, LB 13, § 23.
Annotations
In this section, the use of the term "the court" refers to the district court. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016).
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).
This section requires that a subrogation claim against a third-party tort-feasor for workers' compensation benefits paid to a claimant must be brought in the district court. In re Estate of Evertson, 295 Neb. 301, 889 N.W.2d 73 (2016).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.