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Nebraska Workers' Compensation Legal Library


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48-148. Compensation; action to recover; release of claim at law.

If any employee, or his or her dependents in case of death, of any
employer subject to the Nebraska Workers' Compensation Act files any
claim with, or accepts any payment from such employer, or from any
insurance company carrying such risk, on account of personal injury,
or makes any agreement, or submits any question to the Nebraska
Workers' Compensation Court under such act, such action shall
constitute a release to such employer of all claims or demands at
law, if any, arising from such injury.


Source
Laws 1913, c. 198, § 49, p. 600;
R.S.1913, § 3690;
C.S.1922, § 3072;
C.S.1929, § 48-149;
R.S.1943, § 48-148;
Laws 1955, c. 186, § 5, p. 534;
Laws 1986, LB 811, § 75.



Annotations


Under this section, a surviving husband's claim for bystander
negligent infliction of emotional distress against his deceased
wife's employer was barred by the employer immunity provisions of the
Nebraska Workers' Compensation Act because he accepted compensation
from the employer as his deceased wife's dependent, he settled with
and released the employer, and his claim arose from his deceased
wife's injury as the phrase "arise from such injury" is used in this
section. Pittman v. Western Engineering Co., 283 Neb. 913, 813 N.W.2d
487 (2012).


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).


Section 48-111 and this section are routinely referred to by the
Nebraska Supreme Court as the "exclusivity" provisions of the
Nebraska Workers' Compensation Act. Bennett v. Saint Elizabeth Health
Sys., 273 Neb. 300, 729 N.W.2d 80 (2007).


Nebraska does not recognize an exception that would allow a third
party to seek contribution from an employer when it is alleged that
the employer acted intentionally. Harsh International v. Monfort
Indus., 266 Neb. 82, 662 N.W.2d 574 (2003).


The Nebraska Workers' Compensation Act is an employee's exclusive
remedy against an employer when the employee's injury was both
incurred "in the course of employment" and "arose out of employment".
Skinner v. Ogallala Pub. Sch. Dist. No. 1, 262 Neb. 387, 631 N.W.2d
510 (2001).


The Workers' Compensation Act is an employee's exclusive remedy
against an employer for an injury arising out of and in the course of
employment. Tompkins v. Raines, 247 Neb. 764, 530 N.W.2d 244 (1995).


When an employer, liable to an employee under the Nebraska Workers'
Compensation Act, agrees to indemnify a third party for a loss
sustained as the result of the third party's payment to the
indemnitor's employee, the employer's exclusion from liability
accorded by the Workers' Compensation Act does not preclude the third
party's action to enforce the indemnity agreement with the indemnitor-
employer. Oddo v. Speedway Scaffold Co., 233 Neb. 1, 443 N.W.2d 596
(1989); Union Pacific R. R. Co. v. Kaiser Ag. Chem. Co., 229 Neb.
160, 425 N.W.2d 872 (1988).


Workmen's Compensation Act bars action by third party tort-feasor
against employer for contribution or indemnity based on claim arising
from the injury. Vangreen v. Interstate Machinery & Supply Co., 197
Neb. 29, 246 N.W.2d 652 (1976).


If a person files a claim against his employer in the Workmen's
Compensation Court for an injury which did not arise out of and in
the course of his employment, he does not thereby release his
employer from liability for a tort. Marlow v. Maple Manor Apartments,
193 Neb. 654, 228 N.W.2d 303 (1975).


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).



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