2006 Nebraska Revised Statutes - § 48-138 — Compensation; lump-sum settlement; order of court; computation; fee.

Section 48-138
Compensation; lump-sum settlement; order of court; computation; fee.

The amounts of compensation payable periodically under the law by agreement of the parties with the approval of the Nebraska Workers' Compensation Court may be commuted to one or more lump-sum payments, except compensation due for death, permanent disability, or claimed permanent disability which may be commuted only upon the order or decision of the compensation court pursuant to section 48-139; PROVIDED, that when commutation is agreed upon pursuant to this section or approved by order pursuant to section 48-139, the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, capitalized at their present value upon the basis of interest calculated at five percent per annum with annual rests.

The fee of the clerk of the compensation court for filing, docketing, and indexing an agreement submitted for approval as provided in this section shall be fifteen dollars. The fees shall be remitted by the clerk to the State Treasurer for credit to the Compensation Court Cash Fund.

Source:

Laws 1913, c. 198, § 40, p. 596

R.S.1913, § 3681

Laws 1917, c. 85, § 16, p. 212

Laws 1921, c. 122, § 1, p. 526

C.S.1922, § 3063

C.S.1929, § 48-140

Laws 1935, c. 57, § 25, p. 199

C.S.Supp.,1941, § 48-140

R.S.1943, § 48-138

Laws 1975, LB 187, § 3

Laws 1986, LB 811, § 56

Laws 1993, LB 757, § 9

Annotations:

It was the legislative intent that compensation court should have exclusive original jurisdiction in handling claims for compensation. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935).

One relying on lump sum settlement must bring himself within statute. Ostegaard v. Adams & Kelly Co., 113 Neb. 393, 203 N.W. 564 (1925).

~Reissue Revised Statutes of Nebraska