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Disputed claims; submission to court required; court; jurisdiction of ancillary issues.
disputed claims for workers' compensation shall be submitted to the
Nebraska Workers' Compensation Court for a finding, award, order, or
judgment. Such compensation court shall have jurisdiction to decide any
issue ancillary to the resolution of an employee's right to workers'
compensation benefits, except that jurisdiction with respect to income
withholding pursuant to the Income Withholding for Child Support Act
shall be as provided in such act, jurisdiction with respect to
garnishment for support shall be as provided in sections 25-1009 to 25-1056 and 43-512.09, and jurisdiction with respect to administrative attachment and bank matching shall be as provided in sections 43-3328 to 43-3339.
- Laws 1935, c. 57, § 11, p. 191;
- C.S.Supp.,1941, § 48-172;
- R.S.1943, § 48-161;
- Laws 1986, LB 811, § 92;
- Laws 1990, LB 313, § 3;
- Laws 1993, LB 523, § 25;
- Laws 1997, LB 752, § 125.
- Income Withholding for Child Support Act, see section 43-1701.
- This section provides the
Workers' Compensation Court with jurisdiction to determine insurance
disputes in workers' compensation claims, including the existence of
coverage and the extent of an insurer's liability. According to the
terms of this section, that jurisdiction is not exclusive, however, and
the district court may also exercise its inherent jurisdiction for
these purposes. Schweitzer v. American Nat. Red Cross, 256 Neb. 350,
591 N.W.2d 524 (1999).
- The Workers' Compensation Court
has no jurisdiction to determine workers' compensation insurance
coverage disputes. Thomas v. Omega Re-Bar, Inc., 234 Neb. 449, 451
N.W.2d 396 (1990).
- The Nebraska Workmen's
Compensation Court has exclusive jurisdiction in actions arising under
the Workmen's Compensation Act. Peak v. Bosse, 202 Neb. 1, 272 N.W.2d
- Employer may initiate workmen's
compensation proceeding. Fidelity & Casualty Co. v. Kennard, 162
Neb. 220, 75 N.W.2d 553 (1956).
- An award of compensation cannot
be sustained if based upon possibilities, probabilities, conjectural or
speculative evidence. Hamilton v. Huebner, 146 Neb. 320, 19 N.W.2d 552
- In disputed claim for
compensation, compensation court could make award for injuries in cases
not covered by the schedule of compensation. Wilson v. Brown-McDonald
Co., 134 Neb. 211, 278 N.W. 254 (1938).
- An agreement to pay compensation
must be approved by compensation commissioner or compensation court or
it is void. Duncan v. A. Hospe Co., 133 Neb. 810, 277 N.W. 339 (1938).
- Right of either party to refuse
award or judgment of compensation commissioner and demand retrial
before compensation court is paramount to and exclusive of right of
appeal to district court from such decision. City of Lincoln v.
Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576