Compensation; savings; insurance; other benefits; not factors.
savings or insurance of the injured employee or any contribution made
by him or her to any benefit fund or protective association independent
of the Nebraska Workers' Compensation Act shall be taken into
consideration in determining the compensation to be paid thereunder;
nor shall benefits derived from any other source than those paid or
caused to be paid by the employer as herein provided be considered in
fixing compensation under such act.
Laws 1913, c. 198, § 30, p. 593;
R.S.1913, § 3671;
C.S.1922, § 3053;
C.S.1929, § 48-130;
R.S.1943, § 48-130;
Laws 1986, LB 811, § 49.
Pursuant to this section, the
payment of private insurance benefits does not entitle an employer to
reduce an employee's benefits due under the Nebraska Workers'
Compensation Act. Dawes v. Wittrock Sandblasting & Painting, 266
Neb. 526, 667 N.W.2d 167 (2003).
Pension benefits made under city
ordinance did not affect the right of plaintiff to claim and receive
under Workmen's Compensation Act. Novotny v. City of Omaha, 207 Neb.
535, 299 N.W.2d 757 (1980).
Receipt of workmen's compensation
does not bar city fireman from right to fireman's pension. City of
Lincoln v. Steffensmeyer, 134 Neb. 613, 279 N.W. 272 (1938).
Receipt by city fireman of
pension will not bar widow from compensation under Workmen's
Compensation Act. Shandy v. City of Omaha, 127 Neb. 406, 255 N.W. 477
Question whether pension paid by
city to widow of deceased policeman would be benefits derived from any
other source, was discussed, but not decided. Good v. City of Omaha,
102 Neb. 654, 168 N.W. 639 (1918).
An employer's exercise of its
statutory right to pursue its subrogation claim against a tort-feasor
who injured its employee is not "causing" the payment of workers'
compensation. Thomas v. Lincoln Public Schools, 9 Neb. App. 965, 622
N.W.2d 705 (2001).
Payment of private insurance
benefits, even if made pursuant to an employer-funded plan, does not
entitle an employer to reduce an employee's benefits due under the
Workers' Compensation Act. Nunn v. Texaco Trading & Transp., 3 Neb.
App. 101, 523 N.W.2d 705 (1994).
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