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Nebraska Workers' Compensation Legal Library


Nebraska Home Page   >   Nebraska Regulations
 
48-126.01. Wages or compensation rate; basis of computation.

(1)(a) In determining the compensation to be paid any member of the
military forces of this state, any member of a law enforcement
reserve force, or any member of the Nebraska Emergency Management
Agency, any city, village, county, or interjurisdictional emergency
management organization, or any state emergency response team, which
military forces, law enforcement reserve force, or emergency
management agency, organization, or team is organized under the laws
of the State of Nebraska, or any person fulfilling conditions of
probation, or community service as defined in section 29-2277,
pursuant to any order of any court of this state who shall be working
for a governmental body, or agency as defined in section 29-2277,
pursuant to any condition of probation, or community service as
defined in section 29-2277, for injuries resulting in disability or
death received in the performance of his or her duties as a member of
such military forces, reserve force, agency, organization, or team,
or pursuant to an order of any court, the wages of such a member or
person shall be taken to be those received by him or her from his or
her regular employer, and he or she shall receive such proportion
thereof as he or she is entitled to under the provisions of section
48-121.

(b) If a member or person under subdivision (1)(a) of this section
is not regularly employed by some other person, for the purpose of
such determination, it shall be deemed and assumed that he or she is
receiving income from his or her business or from other employment
equivalent to wages in an amount one and one-half times the maximum
weekly income benefit specified in section 48-121.01.

(c) If the wages received for the performance of duties as a member
of such military forces, reserve force, agency, organization, or team
exceed the wages received from a regular employer, such member shall
be entitled to a rate of compensation based upon wages received as a
member of such military forces, reserve force, agency, organization,
or team.

(2) In determining the compensation rate to be paid any member of a
volunteer fire department in any rural or suburban fire protection
district, city, village, or nonprofit corporation or any member of a
volunteer emergency medical service, which fire department or
emergency medical service is organized under the laws of the State of
Nebraska, for injuries resulting in disability or death received in
the performance of his or her duties as a member of such fire
department or emergency medical service, it shall be deemed and
assumed that his or her wages are in an amount one and one-half times
the maximum weekly income benefit specified in section 48-121.01 or
the wages received by such member from his or her regular employment,
whichever is greater. Any member of such volunteer fire department or
volunteer emergency medical service shall not lose his or her
volunteer status under the Nebraska Workers' Compensation Act if such
volunteer receives reimbursement for expenses, reasonable benefits,
or a nominal fee, a nominal per call fee, a nominal per shift fee, or
combination thereof. It shall be conclusively presumed that a fee is
nominal if the fee does not exceed twenty percent of the amount that
otherwise would be required to hire a permanent employee for the same
services.
Source

Laws 1913, c. 198, § 26, p. 592;
R.S.1913, § 3667;
Laws 1917, c. 85, § 10, p. 208;
C.S.1922, § 3049;
Laws 1927, c. 39, § 2, p. 171;
C.S.1929, § 48-126;
Laws 1935, c. 57, § 39, p. 208;
C.S.Supp.,1941, § 48-126;
R.S.1943, § 48-126;
Laws 1953, c. 163, § 1(2), p. 513;
Laws 1955, c. 186, § 3, p. 532;
Laws 1959, c. 224, § 1, p. 790;
Laws 1961, c. 233, § 2, p. 691;
Laws 1967, c. 289, § 2, p. 790;
Laws 1969, c. 394, § 1, p. 1384;
Laws 1973, LB 239, § 3;
Laws 1973, LB 25, § 2;
Laws 1976, LB 782, § 15;
Laws 1986, LB 528, § 7;
Laws 1996, LB 43, § 9;
Laws 1997, LB 138, § 39;
Laws 1999, LB 216, § 7;
Laws 2014, LB961, § 10.
Operative Date: July 18, 2014


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