In all suits brought under sections 48-192 to 48-1,109,
the state shall be liable in the same manner and to the same extent as
a private individual under like circumstances, except that no writ of
execution shall issue against the state or any state agency, and
disposition of or offer to settle any claim made under sections 48-192 to 48-1,109 shall not be competent evidence of liability of the state or any employee or amount of damages.
Laws 1971, LB 390, § 8.
Under former law, in order to harmonize this section and sections 48-1,102 and 48-125in the context of waiting-time penalties in a manner which is
consistent with the overall purpose of the Nebraska Workers'
Compensation Act, the Supreme Court holds that in order to avoid
assessment of a waiting-time penalty with respect to that portion of a
workers' compensation award against the State which exceeds $50,000,
the State must request review and appropriation of such amount during
the first legislative session following the date the award became final
and must pay such amount within 30 calendar days after the approval of
the appropriation by the Legislature. Soto v. State, 270 Neb. 40, 699
N.W.2d 819 (2005).
One of the tests of
compensability under the Workmen's Compensation Act, in cases related
to recreational or social activities, is whether the employer derives
substantial direct benefit from the activity. Kuethe v. State, 191 Neb.
167, 214 N.W.2d 380 (1974).
Save Time & Effort! Our Premium Members Get: Searchable Rules & Statutes, Compliance Information, Benefits Calculators, Case Law, & Reference