Get Our E- Newsletter
Fresh News, Hot Topics, CompTalk! Radio and Video and More.

Sign Up!



Nebraska Workers' Compensation Legal Library


Nebraska Home Page   >   Nebraska Regulations
 
48-178. Hearing; judgment; when conclusive; record of proceedings; costs; payment.

The judge shall make such findings and orders, awards, or judgments as the Nebraska Workers' Compensation Court or judge is authorized by law to make. Such findings, orders, awards, and judgments shall be signed by the judge before whom such proceedings were had. When proceedings are had before a judge of the compensation court, his or her findings, orders, awards, and judgments shall be conclusive upon all parties at interest unless reversed or modified upon appeal as hereinafter provided. A shorthand record or tape recording shall be made of all testimony and evidence submitted in such proceedings. The compensation court or judge thereof, at the party's expense, may appoint a court reporter or may direct a party to furnish a court reporter to be present and report or, by adequate mechanical means, to record and, if necessary, transcribe proceedings of any hearing. The charges for attendance shall be paid initially to the reporter by the employer or, if insured, by the employer's workers' compensation insurer. The charges shall be taxed as costs and the party initially paying the expense shall be reimbursed by the party or parties taxed with the costs. The compensation court or judge thereof may award and tax such costs and apportion the same between the parties or may order the compensation court to pay such costs as in its discretion it may think right and equitable. If the expense is unpaid, the expense shall be paid by the party or parties taxed with the costs or may be paid by the compensation court. The reporter shall faithfully and accurately report or record the proceedings.

Source:Laws 1935, c. 57, § 13, p. 193; C.S.Supp.,1941, § 48-174; R.S.1943, § 48-178; Laws 1945, c. 113, § 9, p. 367; Laws 1986, LB 811, § 110; Laws 1992, LB 360, § 20; Laws 2005, LB 238, § 14; Laws 2011, LB151, § 10.

Annotations
    Hearing before one judge is authorized. Shada v. Whitney, 172 Neb. 220, 109 N.W.2d 167 (1961).

    Where there is no increase or decrease in incapacity to work, award is conclusive unless reversed or modified on appeal. Riedel v. Smith Baking Co., 150 Neb. 28, 33 N.W.2d 287 (1948).

    When a judge of the compensation court enters a judgment which he is authorized by law to make, such judgment is conclusive on all parties at interest. Gilmore v. State, 146 Neb. 647, 20 N.W.2d 918 (1945).

    A party invoking the court's jurisdiction in a case where a court has jurisdiction of the subject matter is estopped to object thereto afterward. McCall v. Hamilton County Farmers Telephone Assn., 135 Neb. 70, 280 N.W. 254 (1938).

    Awards for compensation cannot be based on possibilities. O'Connor v. Abbott, 134 Neb. 471, 279 N.W. 207 (1938).

    Parties are entitled to a final determination of the character of the disability, the full amount to be recovered and times when this amount shall be paid. Dymak v. Haskins Bros. & Co., 132 Neb. 308, 271 N.W. 860 (1937).



Save Time & Effort! Our Premium Members Get:
Searchable Rules & Statutes, Compliance Information,
Benefits Calculators, Case Law, & Reference

Nebraska Compliance Information
Nebraska Case Law Summaries And Court Opinions
Nebraska Type And Save Forms
State Comparison Tables
Benefits Calculators
Reference Desk
Email Notification Services