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Compensation; willful negligence; intoxication; effect.
the employee is injured by reason of his or her intentional willful
negligence, or by reason of being in a state of intoxication, neither
he or she nor his or her beneficiaries shall receive any compensation
under the Nebraska Workers' Compensation Act.
- Laws 1913, c. 198, § 27, p. 592;
- R.S.1913, § 3668;
- C.S.1922, § 3050;
- C.S.1929, § 48-127;
- R.S.1943, § 48-127;
- Laws 1986, LB 811, § 46.
- Whether or not effected by this
section, employee's acceptance of benefits under Workmen's Compensation
Act ordinarily constitutes release to employer of claims at law arising
from the injury. Edelman v. Ralph Printing & Lithographing, Inc.,
189 Neb. 763, 205 N.W.2d 340 (1973).
- The burden of proving
intoxication as a defense is on the employer. Johnson v. Hahn Bros.
Constr. Inc., 188 Neb. 252, 196 N.W.2d 109 (1972).
- Deviation from authorized route of travel was not willful negligence. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953).
- Participant in fight was not willfully negligent. Myszkowski v. Wilson & Co., Inc., 155 Neb. 714, 53 N.W.2d 203 (1952).
- Moving of well-digging machinery
so as to come in contact with electric power line was not willful
negligence. Schroeder v. Sharp, 153 Neb. 73, 43 N.W.2d 572 (1950).
- Willful, as used in this section,
means deliberate act; conduct evidencing reckless indifference to
safety; more than want of ordinary care. Clark v. Village of
Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947).
- Disobedience of order not to
smoke did not constitute willful negligence. Moise v. Fruit Dispatch
Co., 135 Neb. 684, 283 N.W. 495 (1939).
- Where defense is willful
negligence, any competent evidence tending to show knowledge by
employee of the dangerous character of the act which subsequently
caused his death should be received, and it was error to exclude
testimony of witness that he had warned deceased of his danger.
Richards v. Abts, 135 Neb. 347, 281 N.W. 611 (1938).
- In view of holding that accident
by which employee met his death did not arise out of his employment,
question of his willful negligence, though doubtful, was not decided.
Feda v. Cudahy Packing Co., 102 Neb. 110, 166 N.W. 190 (1918).