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Nebraska Workers' Compensation Legal Library


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48-170. Compensation court; orders; awards; when binding.

Every order and award of the Nebraska Workers' Compensation Court shall be binding upon each party at interest unless an appeal has been filed with the compensation court within thirty days after the date of entry of the order or award.

Source:Laws 1917, c. 85, § 29, p. 222; C.S.1922, § 3080; C.S.1929, § 48-157; Laws 1935, c. 57, § 36, p. 206; C.S.Supp.,1941, § 48-157; R.S.1943, § 48-170; Laws 1967, c. 294, § 1, p. 800; Laws 1975, LB 187, § 12; Laws 1986, LB 811, § 103; Laws 1992, LB 360, § 19; Laws 1999, LB 43, § 24; Laws 2011, LB151, § 7.

Annotations
    A party filing an application for rehearing under this section is not excused from a late filing due to the temporary relocation of the Nebraska Workers' Compensation Court when adequate notice had been provided to that party with respect to such relocation. Lopez v. IBP, Inc., 264 Neb. 273, 646 N.W.2d 628 (2002).

    Negligence on the part of a party's delivery agent will not permit that party to file an application for rehearing outside of the 14 days called for by this section. Lopez v. IBP, Inc., 264 Neb. 273, 646 N.W.2d 628 (2002).

    The Nebraska Supreme Court has recognized an exception that allows an appellate court to consider an appeal filed after the statutorily prescribed time for appeal where the appellant was free from neglect and was prevented from having the appeal filed in the appellate court within the statutory period through the neglect or failure of the proper court official. Lopez v. IBP, Inc., 264 Neb. 273, 646 N.W.2d 628 (2002).

    This section is clear that any party who wishes to appeal the order of a single judge of the Nebraska Workers' Compensation Court shall file an application for rehearing before a three-judge panel within 14 days after the date of the single judge's order. If a claimant does not file an application for a rehearing with the compensation court within 14 days after the date of the single judge's order, the order becomes conclusive and final. Lopez v. IBP, Inc., 264 Neb. 273, 646 N.W.2d 628 (2002).

    This section and section 48-180 of the Nebraska Workers' Compensation Act are clear that if the court fails to modify its order within 10 days and the parties fail to file an application for review within 14 days of the original order, such order becomes final and binding upon the parties. Thach v. Quality Pork International, 253 Neb. 544, 570 N.W.2d 830 (1997).

    Where no appeal is taken, award of single judge is conclusive. Riedel v. Smith Baking Co., 150 Neb. 28, 33 N.W.2d 287 (1948).

    When no appeal is taken from award, it is conclusive on all parties at interest except as otherwise provided by statute. Gilmore v. State, 146 Neb. 647, 20 N.W.2d 918 (1945).

    Right of trial de novo in district court was preserved where notice of intention to appeal was given and where appeal was taken from award of one commissioner direct to district court. Hansen v. Paxton & Vierling Iron Works, 135 Neb. 867, 284 N.W. 352 (1939).

    Orders of the compensation court have the force and effect of a judgment between the parties, except as modified by the compensation act. Chilen v. Commercial Casualty Ins. Co., 135 Neb. 619, 283 N.W. 366 (1939).

    Notice of appeal is intended to give information to opposing party and may be waived when appeal was otherwise properly completed in time required by law. Callahan v. Allied Mills Inc., 128 Neb. 352, 258 N.W. 804 (1935).

    Neither county court nor district court has original jurisdiction to determine legality of a claim for compensation under the compensation act. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935).

    Posting notice of appeal to commissioner within statutory time is not equivalent to filing. Swanson v. Village of Shickley, 125 Neb. 664, 251 N.W. 821 (1933).

    Under prior act, notice was required to be filed within seven days of award on appeal to district court. Duering v. Village of Upland, 125 Neb. 659, 251 N.W. 819 (1933).

    Final order of compensation commissioner denying compensation is absolute bar to subsequent suit based on same cause of action if not appealed from. Gray v. Burdin, 125 Neb. 547, 250 N.W. 907 (1933).



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