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following shall constitute employers subject to the Nebraska Workers'
Compensation Act: (1) The state and every governmental agency created
by it; and (2) every person, firm, or corporation, including any public
service corporation, who is engaged in any trade, occupation, business,
or profession as described in section 48-106, and who has any person in service under any contract of hire, express or implied, oral or written.
- Laws 1913, c. 198, § 14, p. 583;
- R.S.1913, § 3655;
- C.S.1922, § 3037;
- C.S.1929, § 48-114;
- R.S.1943, § 48-114;
- Laws 1971, LB 572, § 7;
- Laws 1986, LB 811, § 32.
- A finding that one party is an
"employer" under this section and a finding that the other relevant
party is an "employee" under section 48-115 are necessary to engage section 48-109,
which binds the parties to the compensation schedule of the Nebraska
Workers' Compensation Act. Kaiser v. Millard Lumber, Inc., 255 Neb.
943, 587 N.W.2d 875 (1999).
- In order to transfer liability
from the general employer of a loaned employee to a borrowing employer,
there must be some consensual arrangement sufficient to create a new
employer-employee relationship. Shamburg v. Shamburg, 153 Neb. 495, 45
N.W.2d 446 (1950).
- Cement finisher and plasterer,
engaged to do specific work, where nothing was said about pay and for
previous work payment had been made at hourly rate, and where owner
directed how work should be done, is an employee and not an independent
contractor. Peterson v. Christenson, 141 Neb. 151, 3 N.W.2d 204 (1942).
- General provisions of
compensation act are applicable to the state and every governmental
agency created by it. Dobesh v. Associated Asphalt Contractors, Inc.,
138 Neb. 117, 292 N.W. 59 (1940).
- Laborer hired by informal action
of county board was county employee while working on county road
project. Steward v. Deuel County, 137 Neb. 516, 289 N.W. 877 (1940).
- Relation of employee and employer
is not defeated by fact that employee receives the work under a plan of
the federal government designed primarily to relieve unemployment.
Hendershot v. City of Lincoln, 136 Neb. 606, 286 N.W. 909 (1939).
- One buying and shipping poultry
in carload lots to distant markets is engaged in business. Compensation
law applies to caretaker of carload of live poultry being shipped to
market in another state. Claus v. DeVere, 120 Neb. 812, 235 N.W. 450
- Subcontractor is employer of
workman injured by negligence of original contractor, in line of duties
for which he is employed by subcontractor. Boyd v. Humphreys, 117 Neb.
799, 223 N.W. 658 (1929).
- Where employer, engaged in
business in Nebraska, hires resident within state for services in
another state incident to employer's business in Nebraska, Nebraska
workmen's compensation law applies. Watts v. Long, 116 Neb. 656, 218
N.W. 410 (1928).
- Corporation subject to Workmen's
Compensation Act is liable as employer to injured workman employed by
independent contractor, who has agreed to protect corporation from such
liability, where contractor is not required to procure insurance for
protection of employees. Sherlock v. Sherlock, 112 Neb. 797, 201 N.W.