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Nebraska Workers' Compensation Court; creation; jurisdiction; judges; selected or retained in office.
that (1) industrial relations between employers and employees within
the State of Nebraska are affected with a vital public interest, (2) an
impartial and efficient administration of the Nebraska Workers'
Compensation Act is essential to the prosperity and well-being of the
state, and (3) suitable laws should be enacted for the establishing and
for the preservation of such an administration of the Nebraska Workers'
Compensation Act, there is hereby created, pursuant to the provisions
of Article V, section 1, of the Nebraska Constitution, a court,
consisting of seven judges, to be selected or retained in office in
accordance with the provisions of Article V, section 21, of the
Nebraska Constitution and to be known as the Nebraska Workers'
Compensation Court, which court shall have authority to administer and
enforce all of the provisions of the Nebraska Workers' Compensation
Act, and any amendments thereof, except such as are committed to the
courts of appellate jurisdiction or as otherwise provided by law.
- Laws 1935, c. 57, § 1, p. 188;
- C.S.Supp.,1941, § 48-162;
- R.S.1943, § 48-152;
- Laws 1949, c. 161, § 3, p. 412;
- Laws 1965, c. 280, § 1, p. 806;
- Laws 1967, c. 292, § 1, p. 797;
- Laws 1975, LB 187, § 9;
- Laws 1983, LB 18, § 2;
- Laws 1986, LB 811, § 79;
- Laws 1988, LB 868, § 1;
- Laws 2005, LB 13, § 13.
- Under this section, the Workers'
Compensation Court can resolve only disputes between employers and
employees that arise from the provisions of the Nebraska Workers'
Compensation Act; hence, because the act does not confer jurisdiction
on the Workers' Compensation Court to hear personal injury suits
against nonemployers, the Workers' Compensation Court does not have
jurisdiction to resolve subrogation disputes between employers and
employees stemming from funds recovered in a personal injury suit
against a nonemployer. Miller v. M.F.S. York/Stormor, 257 Neb. 100, 595
N.W.2d 878 (1999).
- The Nebraska Workers'
Compensation Court may not acquire subject matter jurisdiction by
estoppel. Anthony v. Pre-Fab Transit Co., 239 Neb. 404, 476 N.W.2d 559
- A workers' compensation award
cannot be based on mere possibility or speculation, and if an inference
favorable to the plaintiff can only be reached on the basis thereof, he
or she cannot recover. Gray v. Fuel Economy Contracting Co., 236 Neb.
937, 464 N.W.2d 366 (1991).
- The right of either party to
refuse to accept the findings, order, award, or judgment of a
compensation commissioner and to secure a rehearing or retrial before
the compensation court is paramount to and exclusive of the right of
appeal from such original decision to the district court. City of
Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274
N.W. 576 (1937).
- Compensation court act is a
complete and independent act in itself and, as such, modifies or amends
existing statutes without violating constitutional provision relating
to amendments. Scott v. Dohrse, 130 Neb. 847, 266 N.W. 709 (1936).