NE Posts Notice Regarding Amendments To Settlement Rules

Lincoln, NE (CompNewsNetwork) - On December 15, 2009, the judges of the Nebraska Workers' Compensation Court adopted amendments to Rule 47, Lump Sum Settlement, in accordance with new statutory provisions found in Neb. Rev. Stat. § 48-139 (R.S. Supp., 2009). The amendments went into effect December 15, 2009 and apply to all pending and new lump sum settlement applications as of that date. In addition, Rule 46, Settlement Agreements, was repealed in its entirety effective December 15, 2009.

The changes to Rule 47 are as follows:

• The requirement that a duplicate original of the application be submitted to the court has been eliminated (only one application is required);
• The requirement that a copy of a proposed order of approval be submitted has been eliminated (only one order is required);
• The itemized list of all medical, hospital and miscellaneous expenses incurred must include payments made by Medicaid;
• The application must state the claimant's Medicare eligibility status;
• If the claimant is a Medicare beneficiary at the time the settlement is executed, the application must state whether a conditional payment investigation has been completed. In addition, the application must state that the employer will reimburse Medicare for conditional payments made or that the employer will reimburse Medicare an amount agreed to by Medicare in satisfaction of its interests.

Attorneys should take steps to ensure that all lump sum settlement applications comply with the new provisions.

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