Compensation court; rules and regulations; procedures for adoption; powers and duties.
The Nebraska Workers' Compensation Court, by a majority vote of the
judges thereof, may adopt and promulgate all reasonable rules and
regulations necessary for carrying out the intent and purpose of the
Nebraska Workers' Compensation Act, except that rules and regulations
relating to the compensation court's adjudicatory function shall become
effective only upon approval of the Supreme Court.
(2) No rule or regulation to carry out
the act shall be adopted and promulgated except after public hearing
conducted by a quorum of the compensation court on the question of
adopting and promulgating such rule or regulation. Notice of such
hearing shall be given at least thirty days prior thereto by
publication in a newspaper having general circulation in the state.
Draft copies of all such rules and regulations shall be available to
the public at the compensation court at the time of giving notice.
(3) The administrator of the
compensation court shall establish and maintain a list of subscribers
who wish to receive notice of public hearing on the question of
adopting and promulgating any rule or regulation and shall provide
notice to such subscribers. The administrator shall distribute a
current copy of existing rules and regulations and any updates to those
rules and regulations once adopted to the State Library and to each
county law library or the largest public library in each county.
Laws 1935, c. 57, § 6, p. 190;
C.S.Supp.,1941, § 48-167;
R.S.1943, § 48-163;
Laws 1975, LB 187, § 11;
Laws 1986, LB 811, § 96;
Laws 1992, LB 360, § 17;
Laws 1993, LB 757, § 24;
Laws 1999, LB 216, § 15;
Laws 2005, LB 13, § 21.
This section provides that the
Workers' Compensation Court may adopt all reasonable rules necessary
for carrying out the intent and purposes of section 48-101 et seq. Behrens v. American Stores Packing Co., 228 Neb. 18, 421 N.W.2d 12 (1988).
Court may remand cause for
purpose of procuring competent evidence as to extent of disability.
Steward v. Deuel County, 137 Neb. 516, 289 N.W. 877 (1940).
District court has power to call
in independent medical experts as witnesses. Lowder v. Standard Auto
Parts Co., 136 Neb. 747, 287 N.W. 211 (1939).
Compensation court may make
reasonable rules necessary for carrying out intent and purposes of the
act, and shall administer and enforce all the provisions of the act
except such as are committed to the courts of appellate jurisdiction.
Wilson v. Brown-McDonald Co., 134 Neb. 211, 278 N.W. 254 (1938).
This section, with others,
evidences intent that the compensation claimant and employer shall be
assured of a trial by the compensation court. City of Lincoln v.
Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576
Physician was entitled to fee for
examination of employee made after hearing in compensation court but
before trial in district court to determine whether surgical operation
on employee as demanded by employer would be reasonably safe and
beneficial. Solomon v. A. W. Farney, Inc., 130 Neb. 484, 265 N.W. 724
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