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Nebraska Workers' Compensation Legal Library


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48-178.01. Payment of compensation when claimant's right to compensation not in issue.

Whenever any petition is filed and the claimant's right to compensation is not in issue, but the issue of liability is raised as between an employer, a workers' compensation insurer, or a risk management pool or between two or more employers, workers' compensation insurers, or risk management pools, the Nebraska Workers' Compensation Court may order payment of compensation to be made immediately by one or more of such employers, workers' compensation insurers, or risk management pools. When the issue is finally resolved, an employer, workers' compensation insurer, or risk management pool held not liable shall be reimbursed for any such payments by the employer, workers' compensation insurer, or risk management pool held liable.

Source

  • Laws 1971, LB 572, § 17;
  • Laws 1986, LB 811, § 111;
  • Laws 1987, LB 398, § 47;
  • Laws 2005, LB 238, § 15.

Cross References

  • Risk management pool, defined, see section 44-4303.

Annotations

  • 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).
  • This section applies only where the claimant's right to recovery was not at issue and the compensation court has entered an order of immediate payment. Bryson v. Vickers, Inc., 7 Neb. App. 595, 584 N.W.2d 44 (1998).


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