reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-121.01 - Maximum and minimum weekly income benefit; amounts; Governor; power to suspend.

48-121.01.
Maximum and minimum weekly income benefit; amounts; Governor; power to suspend.
(1)(a)(i) Commencing July 1, 1991, the maximum weekly income benefit under sections 48-121 and 48-122 shall be two hundred sixty-five dollars.
(ii) Commencing June 1, 1994, the maximum weekly income benefit under sections 48-121 and 48-122 shall be three hundred ten dollars.
(iii) Commencing January 1, 1995, the maximum weekly income benefit under sections 48-121 and 48-122 shall be three hundred fifty dollars.
(b) Commencing January 1, 1996, and each January 1 thereafter, the maximum weekly income benefit under sections 48-121 and 48-122 shall be one hundred percent, computed to the next higher whole dollar, of the state average weekly wage determined pursuant to section 48-121.02, except that for the purposes of calendar years commencing after 1996, the Governor may not later than November 15, 1996, and not later than each November 15 thereafter, conduct a public hearing after not less than thirty days' notice to consider whether he or she should issue an order to suspend the effectiveness of the change in the maximum weekly income benefit otherwise required by this subdivision for the ensuing calendar year. In order to make his or her decision, the Governor shall consider such factors as recent trends in economic conditions in the state, general wage levels, workers' compensation benefit levels, and workers' compensation premium levels. After such hearing but not later than November 30 immediately thereafter, the Governor may issue an order to suspend the effectiveness of the change in the maximum weekly income benefit otherwise required by this subdivision for the ensuing calendar year.
(2) The minimum weekly income benefit under sections 48-121 and 48-122 shall be forty-nine dollars.
Source
Laws 1985, LB 608, § 3;
Laws 1987, LB 292, § 1;
Laws 1990, LB 313, § 1;
Laws 1993, LB 757, § 5.
Annotations
Section 48-121 does not prohibit a worker from concurrently receiving statutory benefits for separate injuries arising out of separate accidents, so long as the combined payments do not exceed the maximum weekly rate allowed by this section. Vega v. Iowa Beef Processors, 264 Neb. 282, 646 N.W.2d 643 (2002).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-121.02 - State average weekly wage; how determined.

48-121.02.
State average weekly wage; how determined.
For purposes of section 48-121.01, the state average weekly wage shall be determined by the administrator of the Nebraska Workers' Compensation Court as follows: On or before October 1 of each year, the total insured wages reported to the Department of Labor for the preceding calendar year, excluding federal employees, shall be divided by the average monthly number of employees insured under the Employment Security Law. Such average monthly number of employees shall be determined by dividing the total number of employees insured under the Employment Security Law reported for such calendar year by twelve. The state average annual wage thus obtained shall be divided by fifty-two, and the state average weekly wage thus determined shall be rounded to the nearest whole cent. The state average weekly wage as so determined shall be applicable for the calendar year commencing January 1 following the October 1 determination.
Source
Laws 1993, LB 757, § 6;
Laws 2005, LB 13, § 4.
Cross References
Employment Security Law, see section 48-601.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-122.02 - Compensation; cessation of income benefits; income benefits.

48-122.02.
Compensation; cessation of income benefits; income benefits.
Upon the cessation of income benefits under section 48-122.01 to or on account of any person, the income benefits of the remaining persons entitled to income benefits for the unexpired part of the period during which their income benefits are payable shall be that which such persons would have received if they had been the only persons entitled to income benefits at the time of the decedent's death.
Source
Laws 1973, LB 193, § 4.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-122.03 - Compensation; maximum weekly income benefits in case of death.

48-122.03.
Compensation; maximum weekly income benefits in case of death.
The maximum weekly income benefits payable for all beneficiaries in case of death shall not exceed seventy-five percent of the average weekly wage of the deceased, subject to the maximum limits in section 48-122. The maximum aggregate limitation shall not operate in case of payment of two years' income benefits to the widow or widower upon remarriage, as provided under subdivision (3) of section 48-122.01, to prevent the immediate recalculation and payments of benefits to the remaining beneficiaries as provided under section 48-122.02. The classes of beneficiaries specified in subdivisions (1), (2), and (4) of section 48-122.01 shall have priority over all other beneficiaries in the apportionment of income benefits. If there is a widow or widower and a child or children and the maximums specified in section 48-122 and this section prevent full payment under either maximum, the compensation shall be apportioned between the widow or widower and the child or children on a pro rata basis. If there is more than one child living with the widow or widower and no child or children living separately, the apportionment shall be on the pro rata basis of sixty percent to the widow or widower and fifteen percent divided among the children. If there is more than one child not living with the widow or widower and no child or children living with her or him, the apportionment shall be on the pro rata basis of fifty-five percent to the widow or widower and twenty percent divided among the children. If one or more children are living with and one or more children are not living with her or him, the apportionment shall be on the pro rata basis of fifty-five percent to the widow or widower and twenty percent divided among the children. If the provisions of this section should prevent payment to other beneficiaries of the income benefits to the full extent otherwise provided for, the gross remaining amount of income benefits payable to such other beneficiaries shall be apportioned by class, proportionate to the interest of each class in the remaining amount. Parents shall be considered to be in one class and those specified in subdivision (7) of section 48-122.01 in another class.
Source
Laws 1973, LB 193, § 5;
Laws 1974, LB 882, § 1.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-123 - Compensation; death of employee receiving disability payments; schedule.

48-123.
Compensation; death of employee receiving disability payments; schedule.
The death of an injured employee prior to the expiration of the period within which he or she would receive such disability payment shall be deemed to end such disability, and all liability for the remainder of such payment which he or she would have received in case he or she had lived shall be terminated, but the employer shall thereupon be liable for the following death benefit in lieu of any further disability indemnity: If the injury so received by such employee was the cause of his or her death and such deceased employee leaves dependents as hereinbefore specified, the death benefit shall be a sum sufficient, when added to the indemnity which shall at the time of death have been paid or become payable under the Nebraska Workers' Compensation Act to such deceased employee, to make the total compensation for the injury and death equal to the full amount which such dependents would have been entitled to receive under section 48-122, in case the accident had resulted in immediate death; and such benefits shall be payable in the same manner and subject to the same terms and conditions in all respects as payments made under such section. No deduction shall be made for the amount which may have been paid for medical and hospital services and medicines or for the expenses of burial. If the employee dies from some cause other than the injury, there shall be no liability for compensation to accrue after his or her death.
Source
Laws 1913, c. 198, § 23, p. 589;
R.S.1913, § 3664;
Laws 1917, c. 85, § 9, p. 207;
C.S.1922, § 3046;
C.S.1929, § 48-123;
R.S.1943, § 48-123;
Laws 1973, LB 193, § 6;
Laws 1986, LB 811, § 41.
Annotations
Where injured employee dies during pendency of litigation, payment of compensation will be made in accordance with this section. Smith v. Stevens, 173 Neb. 723, 114 N.W.2d 724 (1962).
Employer was not liable for death benefit hereunder where evidence was not sufficient to support claim of compensable injury. Kuhtnick v. Carey, 124 Neb. 762, 248 N.W. 89 (1933), 124 Neb. 761, 248 N.W. 92 (1933).
Action by injured employee, pending at time of death, may be revived by dependents or administrator. Palmer v. Saunders County, 117 Neb. 484, 221 N.W. 99 (1928).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-125.01 - Compensation; penalties for attempted avoidance of payment.

48-125.01.
Compensation; penalties for attempted avoidance of payment.
Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property or records belonging to such employer, after one of his or her employees has been injured within the purview of the Nebraska Workers' Compensation Act, and with intent to avoid the payment of compensation under such act to such employee or his or her dependents, shall be guilty of a Class I misdemeanor. In any case when such employer is a corporation, any officer or employee thereof, if knowingly participating or acquiescing in the act with intent to avoid the payment of compensation under the Nebraska Workers' Compensation Act, shall be also individually guilty of a Class I misdemeanor as well as jointly and severally liable with such corporation for any fine imposed upon the corporation. In any case when such employer is a limited liability company, any member or manager thereof, if knowingly participating or acquiescing in the act with intent to avoid the payment of compensation under the Nebraska Workers' Compensation Act, shall be also individually guilty of a Class I misdemeanor as well as jointly and severally liable with such limited liability company for any fine imposed upon the limited liability company. In any case when such employer is a limited partnership or a limited liability partnership, any general partner, if knowingly participating or acquiescing in the act with intent to avoid the payment under the Nebraska Workers' Compensation Act, shall also be guilty of a Class I misdemeanor as well as jointly and severally liable with such limited partnership or limited liability partnership, and limited partners shall not be liable.
Source
Laws 1971, LB 572, § 20;
Laws 1977, LB 40, § 270;
Laws 1986, LB 811, § 44;
Laws 1994, LB 884, § 64;
Laws 2003, LB 210, § 2.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-125.02 - State employee claim; Prompt Payment Act applicable; other claims; processing of claim; requirements; failure to pay; effect; presumption of payment.

48-125.02.
State employee claim; Prompt Payment Act applicable; other claims; processing of claim; requirements; failure to pay; effect; presumption of payment.
(1) Regarding payment of a claim for medical, surgical, or hospital services for a state employee under the Nebraska Workers' Compensation Act, the Prompt Payment Act applies.
(2) For claims other than claims under subsection (1) of this section regarding payment of a claim for medical, surgical, or hospital services for an employee under the Nebraska Workers' Compensation Act:
(a) The workers' compensation insurer, risk management pool, or self-insured employer shall notify the provider within fifteen business days after receiving a claim as to what information is necessary to process the claim. Failure to notify the provider assumes the workers' compensation insurer, risk management pool, or self-insured employer has all information necessary to pay the claim. The workers' compensation insurer, risk management pool, or self-insured employer shall pay providers in accordance with sections 48-120 and 48-120.04 within thirty business days after receipt of all information necessary to process the claim. Failure to pay the provider within the thirty days will cause the workers' compensation insurer, risk management pool, or self-insured employer to reimburse the provider's billed charges instead of the scheduled or contracted fees;
(b) If a claim is submitted electronically, the claim is presumed to have been received on the date of the electronic verification of receipt by the workers' compensation insurer, risk management pool, or self-insured employer or its clearinghouse. If a claim is submitted by mail, the claim is presumed to have been received five business days after the claim has been placed in the United States mail with first-class postage prepaid. The presumption may be rebutted by sufficient evidence that the claim was received on another day or not received at all; and
(c) Payment of a claim by the workers' compensation insurer, risk management pool, or self-insured employer means the receipt of funds by the provider. If payment is submitted electronically, the payment is presumed to have been received on the date of the electronic verification of receipt by the provider or the provider's clearinghouse. If payment is submitted by mail, the payment is presumed to have been received five business days after the payment has been placed in the United States mail with first-class postage prepaid. The presumption may be rebutted by sufficient evidence that the payment was received on another day or not received at all.
Source
Laws 2007, LB588, § 3.
Cross References
Prompt Payment Act, see section 81-2401.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-127 - Compensation; willful negligence; intoxication; effect.

48-127.
Compensation; willful negligence; intoxication; effect.
If the employee is injured by reason of his or her intentional willful negligence, or by reason of being in a state of intoxication, neither he or she nor his or her beneficiaries shall receive any compensation under the Nebraska Workers' Compensation Act.
Source
Laws 1913, c. 198, § 27, p. 592;
R.S.1913, § 3668;
C.S.1922, § 3050;
C.S.1929, § 48-127;
R.S.1943, § 48-127;
Laws 1986, LB 811, § 46.
Annotations
Whether or not effected by this section, employee's acceptance of benefits under Workmen's Compensation Act ordinarily constitutes release to employer of claims at law arising from the injury. Edelman v. Ralph Printing & Lithographing, Inc., 189 Neb. 763, 205 N.W.2d 340 (1973).
The burden of proving intoxication as a defense is on the employer. Johnson v. Hahn Bros. Constr. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972).
Deviation from authorized route of travel was not willful negligence. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953).
Participant in fight was not willfully negligent. Myszkowski v. Wilson & Co., Inc., 155 Neb. 714, 53 N.W.2d 203 (1952).
Moving of well-digging machinery so as to come in contact with electric power line was not willful negligence. Schroeder v. Sharp, 153 Neb. 73, 43 N.W.2d 572 (1950).
Willful, as used in this section, means deliberate act; conduct evidencing reckless indifference to safety; more than want of ordinary care. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).
Disobedience of order not to smoke did not constitute willful negligence. Moise v. Fruit Dispatch Co., 135 Neb. 684, 283 N.W. 495 (1939).
Where defense is willful negligence, any competent evidence tending to show knowledge by employee of the dangerous character of the act which subsequently caused his death should be received, and it was error to exclude testimony of witness that he had warned deceased of his danger. Richards v. Abts, 135 Neb. 347, 281 N.W. 611 (1938).
In view of holding that accident by which employee met his death did not arise out of his employment, question of his willful negligence, though doubtful, was not decided. Feda v. Cudahy Packing Co., 102 Neb. 110, 166 N.W. 190 (1918).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-129 - Compensation; joint employers; liability.

48-129.
Compensation; joint employers; liability.
In case any employee for whose injury or death compensation is payable under the Nebraska Workers' Compensation Act shall, at the time of the injury, be employed and paid jointly by two or more employers, as defined in section 48-114, such employers shall contribute to the payment of such compensation in proportion to their several wage liabilities to such employee. If one or more, but not all, of such employers should be subject to the Nebraska Workers' Compensation Act, then the liability of such of them as are so subject shall be to pay that proportion of the entire compensation which their proportionate wage liability bears to the entire wages of the employee, except that nothing in this section shall prevent employers from making any arrangement between themselves for a different distribution of the ultimate burden of compensation.
Source
Laws 1913, c. 198, § 29, p. 592;
R.S.1913, § 3670;
C.S.1922, § 3052;
C.S.1929, § 48-129;
R.S.1943, § 48-129;
Laws 1986, LB 811, § 48.
Annotations
Under the facts of this case, the claimant was a loaned employee but there was no consensual relationship sufficient to create a new employer-employee relationship. Therefore, the lending employer remained liable for his workmen's compensation. B & C Excavating Co. v. Hiner, 207 Neb. 248, 298 N.W.2d 155 (1980).
Sections 48-129 and 48-168, R.R.S.1943, gives the Workmen's Compensation Court jurisdiction to consider the issue of joint employment. White v. Western Commodities, Inc., 207 Neb. 75, 295 N.W.2d 704 (1980).
Under the facts of this case, the Workmen's Compensation Court was clearly wrong in finding that the two defendants were joint employers of the plaintiff but was correct in finding an employer-employee relationship between one of the defendants and the plaintiff. White v. Western Commodities, Inc., 207 Neb. 75, 295 N.W.2d 704 (1980).
Joint employment and pro rata liability for compensation payments under this section exist only where there is an agreement between employers as to salary, wages, hours of employment, and terms of service. Henning v. City of Hebron, 186 Neb. 381, 183 N.W.2d 756 (1971).
In absence of joint arrangement, there cannot be any joint employment. Solheim v. Hastings Housing Co., 151 Neb. 264, 37 N.W.2d 212 (1949).
Joint employer is required to pay only that proportion of compensation which his proportionate wage bears to entire wages of employee. Summers v. Railway Express Agency, 134 Neb. 237, 278 N.W. 476 (1938).
To constitute joint employment, there must be concert of action between employers as to wages, hours of service, and term of service. Suverkrubbe v. Village of Fort Calhoun, 127 Neb. 472, 256 N.W. 47 (1934).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-130 - Compensation; savings; insurance; other benefits; not factors.

48-130.
Compensation; savings; insurance; other benefits; not factors.
No savings or insurance of the injured employee or any contribution made by him or her to any benefit fund or protective association independent of the Nebraska Workers' Compensation Act shall be taken into consideration in determining the compensation to be paid thereunder; nor shall benefits derived from any other source than those paid or caused to be paid by the employer as herein provided be considered in fixing compensation under such act.
Source
Laws 1913, c. 198, § 30, p. 593;
R.S.1913, § 3671;
C.S.1922, § 3053;
C.S.1929, § 48-130;
R.S.1943, § 48-130;
Laws 1986, LB 811, § 49.
Annotations
Pursuant to this section, the payment of private insurance benefits does not entitle an employer to reduce an employee's benefits due under the Nebraska Workers' Compensation Act. Dawes v. Wittrock Sandblasting & Painting, 266 Neb. 526, 667 N.W.2d 167 (2003).
Pension benefits made under city ordinance did not affect the right of plaintiff to claim and receive under Workmen's Compensation Act. Novotny v. City of Omaha, 207 Neb. 535, 299 N.W.2d 757 (1980).
Receipt of workmen's compensation does not bar city fireman from right to fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938).
Receipt by city fireman of pension will not bar widow from compensation under Workmen's Compensation Act. Shandy v. City of Omaha, 127 Neb. 406, 255 N.W. 477 (1934).
Question whether pension paid by city to widow of deceased policeman would be benefits derived from any other source, was discussed, but not decided. Good v. City of Omaha, 102 Neb. 654, 168 N.W. 639 (1918).
No provision in the Nebraska Workers' Compensation Act limits an employee's ability to receive workers' compensation benefits because he or she is simultaneously receiving unemployment benefits. Hernandez v. JBS USA, 20 Neb. App. 634, 828 N.W.2d 765 (2013).
An employer's exercise of its statutory right to pursue its subrogation claim against a tort-feasor who injured its employee is not "causing" the payment of workers' compensation. Thomas v. Lincoln Public Schools, 9 Neb. App. 965, 622 N.W.2d 705 (2001).
Payment of private insurance benefits, even if made pursuant to an employer-funded plan, does not entitle an employer to reduce an employee's benefits due under the Workers' Compensation Act. Nunn v. Texaco Trading & Transp., 3 Neb. App. 101, 523 N.W.2d 705 (1994).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-131 - Compensation; waiver by employee invalid.

48-131.
Compensation; waiver by employee invalid.
No agreement by an employee to waive his or her rights to compensation under the Nebraska Workers' Compensation Act shall be valid.
Source
Laws 1913, c. 198, § 31, p. 593;
R.S.1913, § 3672;
C.S.1922, § 3054;
C.S.1929, § 48-131;
R.S.1943, § 48-131;
Laws 1986, LB 811, § 50.
Annotations
On payments of compensation without agreement of settlement, statutory limitations did not take effect until one year from last payment. Ashton v. Blue River Power Co., 117 Neb. 661, 222 N.W. 42 (1928).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-132 - Compensation; employees or dependents under disability; rights; enforcement.

48-132.
Compensation; employees or dependents under disability; rights; enforcement.
If an injured employee or a dependent is mentally incompetent or is a minor at the time when any right or privilege accrues to him or her under the Nebraska Workers' Compensation Act, his or her guardian or next friend may, in his or her behalf, claim and exercise such right or privilege.
Source
Laws 1913, c. 198, § 32, p. 593;
R.S.1913, § 3673;
C.S.1922, § 3055;
C.S.1929, § 48-132;
R.S.1943, § 48-132;
Laws 1961, c. 234, § 1, p. 692;
Laws 1986, LB 811, § 51.
Cross References
For definitions of incompetent person and guardian, see section 30-2902.
Annotations
Failure of guardian to bring action does not bar right of minor from asserting rights after becoming of age. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953).
The act relating to filing claims for compensation makes no exception in favor of minors. Ray v. Sanitary Garbage Co., 134 Neb. 178, 278 N.W. 139 (1938).
Where claimant knew her condition from day to day, and knew she had a present total disability, she was not excused from filing claim within time prescribed by statute by continuous confinement to bed as the result of injury. Park v. School District No. 27, Richardson Cty., 127 Neb. 767, 257 N.W. 219 (1934).
Minor employee, of an age where legally permitted to work, may elect to come under Workmen's Compensation Act. Navracel v. Cudahy Packing Co., 109 Neb. 506, 191 N.W. 659 (1922).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-134 - Injured employee; physical examination; duty to submit.

48-134.
Injured employee; physical examination; duty to submit.
After an employee has given notice of an injury, as provided in section 48-133, and from time to time thereafter during the continuance of his or her disability, he or she shall, if so requested by the employer or the insurance company carrying such risk, submit himself or herself to an examination by a physician or surgeon legally authorized to practice medicine under the laws of the state in which he or she practices, furnished and paid for by the employer, or the insurance company carrying such risk, as the case may be. The employee shall have the right to have a physician provided and paid for by himself or herself present at the examination. The unreasonable refusal of the employee to submit to such examination shall deprive him or her of the right to compensation under the Nebraska Workers' Compensation Act during the continuance of such refusal, and the period of such refusal shall be deducted from the period during which compensation would otherwise be payable.
Source
Laws 1913, c. 198, § 34, p. 594;
R.S.1913, § 3675;
C.S.1922, § 3057;
C.S.1929, § 48-134;
R.S.1943, § 48-134;
Laws 1969, c. 395, § 1, p. 1385;
Laws 1986, LB 811, § 53.
Annotations
This section places the selection of the physician solely within the employer's or insurance company's discretion, so long as the physician is legally authorized as set out in this section. Behrens v. American Stores Packing Co., 234 Neb. 25, 449 N.W.2d 197 (1989).
Inquiry respecting extent of an injury to employee should be directed to his condition at time of examination or trial. Dymak v. Haskins Bros. & Co., 132 Neb. 308, 271 N.W. 860 (1937).
Woman employee refusing to permit injection to render kidney opaque for purpose of X-ray photograph, was not thereby deprived of right to compensation. United States Fidelity & Guaranty Co. v. Wickline, 103 Neb. 681, 173 N.W. 689 (1919), 103 Neb. 21, 170 N.W. 193, 6 A.L.R. 1267 (1918).
The fundamental question of the compensability of an employee's claim stands separate from whether the employee can be deprived of benefits under this section during the time of an unreasonable refusal to undergo an employer's medical examination. Hale v. Vickers, Inc., 10 Neb. App. 627, 635 N.W.2d 458 (2001).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-135 - Autopsy; cost; payment.

48-135.
Autopsy; cost; payment.
Except as provided in section 23-1824, in all death claims, where the cause of death is obscure or disputed, any interested party may require an autopsy, the cost of such autopsy to be borne by the party demanding the same.
Source
Laws 1913, c. 198, § 35, p. 594;
R.S.1913, § 3676;
C.S.1922, § 3058;
C.S.1929, § 48-135;
R.S.1943, § 48-135;
Laws 1999, LB 46, § 3.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-136 - Compensation; voluntary settlements.

48-136.
Compensation; voluntary settlements.
The interested parties shall have the right to settle all matters of compensation between themselves with the consent of the workers' compensation insurer, if any, and in accordance with the Nebraska Workers' Compensation Act. No such settlement shall be binding unless the settlement is in accordance with such act.
Source
Laws 1913, c. 198, § 36, p. 595;
R.S.1913, § 3677;
Laws 1917, c. 85, § 12, p. 209;
C.S.1922, § 3059;
C.S.1929, § 48-136;
Laws 1935, c. 57, § 22, p. 199;
C.S.Supp.,1941, § 48-136;
R.S.1943, § 48-136;
Laws 1978, LB 649, § 2;
Laws 1986, LB 811, § 54;
Laws 2005, LB 238, § 6;
Laws 2009, LB630, § 4.
Annotations
A finding by the Workers' Compensation Court that an alleged injury is covered by the Workers' Compensation Act is not necessarily a prerequisite to a settlement agreement which includes a program of vocational rehabilitation paid for by the employer or its insurer. Miner v. Robertson Home Furnishing, 239 Neb. 525, 476 N.W.2d 854 (1991).
Agreements to settle workers' compensation cases not filed in and approved by the Workers' Compensation Court are void and of no effect. Miner v. Robertson Home Furnishing, 239 Neb. 525, 476 N.W.2d 854 (1991).
An agreement dividing compensation benefits between the parties was void where not in writing, filed with and approved by the compensation court. James v. Rainchief Constr. Co., 197 Neb. 818, 251 N.W.2d 367 (1977).
Copy of lump sum settlement is required to be filed with compensation court. Miller v. Schlereth, 151 Neb. 33, 36 N.W.2d 497 (1949).
Where settlement was never approved by workmen's compensation court, it was ineffective to defeat claim for compensation. Riggins v. Lincoln Tent & Awning Co., 143 Neb. 893, 11 N.W.2d 810 (1943).
Agreement to pay compensation must be approved by compensation commissioner or compensation court or it is void, and part payment will not make such agreement actionable at common law. Duncan v. A. Hospe Co., 133 Neb. 810, 277 N.W. 339 (1938).
Copy of settlement must not only be filed, but the settlement must also be approved by compensation court. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935).
In order to have a valid agreement for settlement, terms of act must be followed. Ashton v. Blue River Power Co., 117 Neb. 661, 222 N.W. 42 (1928).
Lump sum settlement was sustained. Perry v. Huffman Auto. Co., 104 Neb. 211, 175 N.W. 1021 (1920).
Under former statute, court had no authority to order commutation of payments in lump sum in absence of agreement. Pierce v. Boyer-Van Kuran Lumber & Coal Co., 99 Neb. 321, 156 N.W. 509 (1916).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-138 - Compensation; lump-sum settlement; computation; fee.

48-138.
Compensation; lump-sum settlement; computation; fee.
The amounts of compensation payable periodically under the law by agreement of the parties with the approval of the Nebraska Workers' Compensation Court may be commuted to one or more lump-sum payments, except compensation due for death, permanent disability, or claimed permanent disability which may be commuted only as provided in section 48-139. If commutation is agreed upon pursuant to this section or section 48-139, the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, capitalized at their present value upon the basis of interest calculated at five percent per annum with annual rests.
The fee of the clerk of the compensation court for filing, docketing, and indexing an agreement submitted for approval as provided in this section shall be fifteen dollars. The fees shall be remitted by the clerk to the State Treasurer for credit to the Compensation Court Cash Fund.
Source
Laws 1913, c. 198, § 40, p. 596;
R.S.1913, § 3681;
Laws 1917, c. 85, § 16, p. 212;
Laws 1921, c. 122, § 1, p. 526;
C.S.1922, § 3063;
C.S.1929, § 48-140;
Laws 1935, c. 57, § 25, p. 199;
C.S.Supp.,1941, § 48-140;
R.S.1943, § 48-138;
Laws 1975, LB 187, § 3;
Laws 1986, LB 811, § 56;
Laws 1993, LB 757, § 9;
Laws 2009, LB630, § 5.
Annotations
It was the legislative intent that compensation court should have exclusive original jurisdiction in handling claims for compensation. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935).
One relying on lump sum settlement must bring himself within statute. Ostegaard v. Adams & Kelly Co., 113 Neb. 393, 203 N.W. 564 (1925).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-142 - Compensation; amount agreed upon; payment to trustee; procedure.

48-142.
Compensation; amount agreed upon; payment to trustee; procedure.
At any time after the amount of any award has been agreed upon by the parties and approved by the Nebraska Workers' Compensation Court, a sum equal to the present value of all future installments of compensation may, when death or the nature of the injury renders the amount of future payments certain, by leave of the compensation court, be paid by the employer, or by the insurance company carrying such risk, as the case may be, to any savings bank or trust company of this state, in good standing, and such sum together with all interest thereon, shall thereafter be held in trust for the employee or the dependents of the employee, who shall have no further recourse against the employer. The payment of such sum by the employer, evidenced by the receipt of the trustee to be filed with the compensation court, shall operate as a satisfaction of such award as to the employer. Payments from such fund shall be made by the trustee in the same amounts and at the same time as are herein required of the employer until the fund and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the compensation court, to the choice of the injured employee or the dependents of the deceased employee as the case may be.
Source
Laws 1913, c. 198, § 43, p. 597;
R.S.1913, § 3684;
Laws 1917, c. 85, § 19, p. 214;
C.S.1922, § 3066;
C.S.1929, § 48-143;
Laws 1935, c. 57, § 28, p. 201;
C.S.Supp.,1941, § 48-143;
R.S.1943, § 48-142;
Laws 1975, LB 187, § 7;
Laws 1986, LB 811, § 60.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-143 - Compensation; death benefits; absence of qualified administrator; payment; to whom made.

48-143.
Compensation; death benefits; absence of qualified administrator; payment; to whom made.
In case of death, where no executor or administrator is qualified, the Nebraska Workers' Compensation Court shall, by order, direct payment to be made to such person as would be appointed administrator of the estate of such decedent, upon like terms as to bond for the proper application of compensation payments as are required of administrators.
Source
Laws 1913, c. 198, § 44, p. 598;
R.S.1913, § 3685;
C.S.1922, § 3067;
C.S.1929, § 48-144;
Laws 1935, c. 57, § 29, p. 202;
C.S.Supp.,1941, § 48-144;
R.S.1943, § 48-143;
Laws 1975, LB 187, § 8;
Laws 1986, LB 811, § 61.
Annotations
Action for compensation by injured employee, pending at his death, may be revived by dependents giving bond or by administrator without bond. Palmer v. Saunders County, 117 Neb. 484, 221 N.W. 99 (1928).
Action to recover compensation for death may be brought either by dependents, legal guardian or trustee of minor dependent, or executor or administrator of deceased. Coster v. Thompson Hotel Co., 102 Neb. 585, 168 N.W. 191 (1918).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-144 - Accidents and settlements; reports; death of alien employee; notice to consul.

48-144.
Accidents and settlements; reports; death of alien employee; notice to consul.
(1) Reports of accidents and settlements shall be made in a form and manner prescribed by the administrator of the Nebraska Workers' Compensation Court. Such reports, if filed by a workers' compensation insurer on behalf of an employer, shall be deemed to have been filed by the employer.
(2) When an injury results in the death of an employee who is a citizen or subject of a foreign country, the administrator of the compensation court shall, after the death has been reported to the compensation court, at once notify the superior consular officer of the country of which the employee at the time of his or her death was a citizen or subject, and whose consular district embraces the State of Nebraska, or the representative, residing in the State of Nebraska, of such consular officer, whom he or she shall have formally designated as his or her representative by a communication in writing to the compensation court. Such notification shall contain in addition to the name of the employee such further information as the compensation court may possess respecting the place of birth, parentage, and names and addresses of the dependents of the employee.
Source
Laws 1913, c. 198, § 45, p. 598;
R.S.1913, § 3686;
Laws 1917, c. 85, § 20, p. 214;
C.S.1922, § 3068;
C.S.1929, § 48-145;
Laws 1935, c. 57, § 30, p. 202;
C.S.Supp.,1941, § 48-145;
R.S.1943, § 48-144;
Laws 1986, LB 811, § 62;
Laws 2005, LB 13, § 6.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-144.02 - Compensation insurance carrier; risk management pool; reports; time within which to file.

48-144.02.
Compensation insurance carrier; risk management pool; reports; time within which to file.
(1) Whenever any insurance carrier shall write a policy of workers' compensation insurance under the Nebraska Workers' Compensation Act, such carrier shall file a report showing the name and address of the insured employer, the name of the insurance carrier, the policy number, the effective date and expiration date of such policy, and such other information as the Nebraska Workers' Compensation Court may require. Such report shall be filed with the compensation court within ten days of the effective date of such policy.
(2) Whenever any risk management pool is organized or accepts a new member or whenever any member of a risk management pool voluntarily terminates membership or is involuntarily terminated, such pool shall file a report within ten days after any such event with the Nebraska Workers' Compensation Court showing the names and local addresses of its members or the name, local address, and effective date of termination or joinder of any single member.
Source
Laws 1971, LB 572, § 12;
Laws 1986, LB 811, § 64;
Laws 1987, LB 398, § 42.
Cross References
Risk management pool, defined, see section 44-4303.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-144.04 - Reports; penalties for not filing; statutes of limitations not to run until report furnished.

48-144.04.
Reports; penalties for not filing; statutes of limitations not to run until report furnished.
Any employer, workers' compensation insurer, or risk management pool who fails, neglects, or refuses to file any report required of him or her by the Nebraska Workers' Compensation Court shall be guilty of a Class II misdemeanor for each such failure, neglect, or refusal. It shall be the duty of the Attorney General to act as attorney for the state. In addition to the penalty, where an employer, workers' compensation insurer, or risk management pool has been given notice, or the employer, workers' compensation insurer, or risk management pool has knowledge, of any injury or death of an employee and fails, neglects, or refuses to file a report thereof, the limitations in section 48-137 and for injuries occurring before December 1, 1997, the limitations in section 48-128 shall not begin to run against the claim of the injured employee or his or her dependents entitled to compensation or against the State of Nebraska on behalf of the Workers' Compensation Trust Fund, or in favor of either the employer, workers' compensation insurer, or risk management pool until such report shall have been furnished as required by the compensation court.
Source
Laws 1971, LB 572, § 14;
Laws 1977, LB 40, § 271;
Laws 1986, LB 811, § 66;
Laws 1987, LB 398, § 43;
Laws 1997, LB 854, § 3;
Laws 2000, LB 1221, § 7;
Laws 2005, LB 238, § 9.
Cross References
Risk management pool, defined, see section 44-4303.
Annotations
Under this section, an employer has sufficient knowledge of an employee's injury if a reasonable person would conclude that an employee's injury is potentially compensable and that the employer should therefore investigate the matter further. Risor v. Nebraska Boiler, 277 Neb. 679, 765 N.W.2d 170 (2009).
This section establishes when the statute of limitations begins to run if an initial report required by section 48-144.01 is not filed, but this section does not provide for tolling of an already-running statute of limitations when and if subsequent reports are not filed. Dawes v. Wittrock Sandblasting & Painting, 266 Neb. 526, 667 N.W.2d 167 (2003).
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-145.02 - Employers; reports required.

48-145.02.
Employers; reports required.
Every employer shall upon request of the administrator of the Nebraska Workers' Compensation Court report to the administrator (1) the number of its employees and the nature and location of their work, (2) the name of the workers' compensation insurer with whom the employer has insured its liability under the Nebraska Workers' Compensation Act and the number and date of expiration of such policy, and (3) the employer's federal employer identification number or numbers. Failure to furnish such report within ten days from the making of a request by certified or registered mail shall constitute presumptive evidence that the delinquent employer is violating section 48-145.01.
Source
Laws 1971, LB 572, § 19;
Laws 1972, LB 1061, § 1;
Laws 1986, LB 811, § 69;
Laws 2005, LB 13, § 10.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-145.03 - Employers; other liabilities not affected.

48-145.03.
Employers; other liabilities not affected.
Sections 48-125.01, 48-145.01, and 48-145.02 shall not affect any other liability of the employer under the Nebraska Workers' Compensation Act.
Source
Laws 1971, LB 572, § 21;
Laws 1986, LB 811, § 70.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-145.04 - Self-insurance; assessment; payments.

48-145.04.
Self-insurance; assessment; payments.
(1) The administrator of the Nebraska Workers' Compensation Court shall, prior to January 1 of each year, estimate as closely as possible the actual cost to the court of evaluating an application for self-insurance and supervising and administering the self-insurance program for the ensuing year and assess the amount thereof, but not to exceed two thousand dollars, against each applicant for self-insurance in this state. Such assessment shall be in addition to the payments required by subdivision (2) of section 48-145 and section 48-1,114. The administrator shall notify each applicant of the amount of the individual assessment. Such assessment shall be due and payable with the application for self-insurance. If any assessment is not paid, the application shall not be considered.
(2) All payments received under subsection (1) of this section shall be remitted to the State Treasurer for credit to the Compensation Court Cash Fund. Such payments shall be expended solely for evaluating applications for self-insurance and to aid in supervising and administering the self-insurance program. After the first year, the balance remaining of such payments at the time each annual assessment is made shall be taken into account when the total assessment for the ensuing year is made.
Source
Laws 1986, LB 1036, § 1;
Laws 1992, LB 1006, § 93;
Laws 1993, LB 757, § 13;
Laws 1999, LB 2, § 1;
Laws 2000, LB 1221, § 9;
Laws 2005, LB 13, § 11.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-146.03 - Workers' compensation insurance policy; deductible options; exception; liability; insurer; duties; prohibited acts; violation; penalty.

48-146.03.
Workers' compensation insurance policy; deductible options; exception; liability; insurer; duties; prohibited acts; violation; penalty.
(1) Each workers' compensation insurance policy issued by an insurer pursuant to the Nebraska Workers' Compensation Act:
(a) Shall offer, at the option of the insured employer, a deductible for medical benefits in the amount of five hundred dollars to two thousand five hundred dollars per claim in increments of five hundred dollars; or
(b) May offer, at the option of the insured employer and the workers' compensation insurer, a deductible for all amounts paid by the insurer as long as the deductible is not more than forty percent of the insured employer's otherwise applicable annual workers' compensation insurance premium at rates approved for the insurer but not less than fifty thousand dollars.
The insured employer, if choosing to exercise one of such options listed in this subsection, may choose only one of the amounts as the deductible. The provisions of this section shall be fully disclosed to each prospective purchaser in writing.
(2) The deductible form shall provide that the workers' compensation insurer shall remain liable for and shall pay the entire cost of medical benefits for each claim directly to the medical provider, shall remain liable for and pay the entire cost of benefits, claims, and expenses as required by the policy irrespective of the deductible provision, and shall then be reimbursed by the employer for any deductible amounts paid by the workers' compensation insurer. The employer shall be liable for reimbursement up to the limit of the deductible.
(3) A workers' compensation insurer shall not be required to offer a deductible if, as a result of a credit investigation, the insurer determines that the employer does not have the financial ability to be responsible for the payment of deductible amounts.
(4) A workers' compensation insurer shall service and, if necessary, defend all claims that arise during the policy period, including those claims payable in whole or in part from the deductible amount, and shall make such reports to the compensation court of payments made, including payments made under the deductible provisions, as may be required by the compensation court.
(5) A person who is employed by a policyholder which chooses to exercise the option of a deductible policy shall not be required to pay any of the deductible amount, and any such policyholder shall not require or attempt to require the employee to give up his or her right of selection of physician set out in section 48-120. Any violation of this subsection shall be a Class II misdemeanor.
Source
Laws 1990, LB 313, § 2;
Laws 1992, LB 1006, § 94;
Laws 2005, LB 238, § 12.
2023 Nebraska Revised Statutes › Chapter 48 - Labor › 48-147 - Liability insurance; existing contract; effect of law; violations; penalty.

48-147.
Liability insurance; existing contract; effect of law; violations; penalty.
Nothing in the Nebraska Workers' Compensation Act shall affect any existing contract for employers liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement existing between employers and employees, providing for payment to such employees, their families, dependents, or representatives, sick, accident, or death benefits in addition to the compensation provided for by such act; but liability for compensation under such act shall not be reduced or affected by any insurance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer, and in addition thereto, the right to enforce in his or her own name in the manner provided in section 48-146 the liability of any insurer who may, in whole or in part, have insured the liability for such compensation. Payment in whole or in part of such compensation by either the employer or the insurer, as the case may be, shall, to the extent thereof, be a bar to recovery against the other of the amount so paid. No agreement by an employee to pay any portion of premium paid by his or her employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation as required by the Nebraska Workers' Compensation Act shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of such act shall be guilty of a Class II misdemeanor. Nothing in this section invalidates or prohibits agreements pursuant to subdivision (11) of section 48-115 or section 48-115.02.
Source
Laws 1913, c. 198, § 48, p. 600;
R.S.1913, § 3689;
C.S.1922, § 3071;
C.S.1929, § 48-148;
R.S.1943, § 48-147;
Laws 1971, LB 572, § 10;
Laws 1977, LB 40, § 273;
Laws 1986, LB 811, § 74;
Laws 1997, LB 474, § 6;
Laws 1999, LB 216, § 11.
Annotations
Pension benefits made under city ordinance did not affect the right of plaintiff to claim and receive under Workmen's Compensation Act. Novotny v. City of Omaha, 207 Neb. 535, 299 N.W.2d 757 (1980).
Receipt and acceptance of workmen's compensation does not bar city fireman from right to fireman's pension. City of Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938).
Widow of city fireman, who had received pension, was not barred thereby from claiming compensation for accidental death. Shandy v. City of Omaha, 127 Neb. 406, 255 N.W. 477 (1934).
Payment of private insurance benefits, even if made pursuant to an employer-funded plan, does not entitle an employer to reduce an employee's benefits due under the Workers' Compensation Act. Nunn v. Texaco Trading & Transp., 3 Neb. App. 101, 523 N.W.2d 705 (1994).