2006 Nebraska Revised Statutes - § 48-139 — Compensation; lump-sum settlement; submitted to Nebraska Workers\' Compensation Court; procedure; discharge of employer liability; fees.

Section 48-139
Compensation; lump-sum settlement; submitted to Nebraska Workers' Compensation Court; procedure; discharge of employer liability; fees.

Whenever an injured employee or his or her dependents and the employer agree that the amounts of compensation due as periodic payments for death, permanent disability, or claimed permanent disability under the Nebraska Workers' Compensation Act shall be commuted to one or more lump-sum payments, such settlement or agreement therefor shall be submitted to the Nebraska Workers' Compensation Court in the following manner: An application for an order approving such settlement or agreement and a duplicate original of such application, both signed and verified by both parties, shall be filed with the clerk of the Nebraska Workers' Compensation Court and shall be entitled the same as an action by such employee or dependents against such employer. The application shall contain a concise statement of the terms of the settlement or agreement sought to be approved with a brief statement of the facts concerning the injury, the nature thereof, the wages received by the injured employee prior thereto, the nature of the employment, and such other matters as may be required by the compensation court. The application may provide for payment of future medical expenses incurred by the employee. The compensation court may hold a hearing on the application at a time and place selected by the compensation court, and proof may be adduced and witnesses subpoenaed and examined the same as in an action in equity.

If the compensation court finds such settlement or agreement is made in conformity with the compensation schedule and for the best interests of the employee or his or her dependents under all the circumstances, the compensation court shall make an order approving the same. If such agreement or settlement is not approved, the compensation court may dismiss the application at the cost of the employer or continue the hearing, in the discretion of the compensation court.

Every such lump-sum settlement or agreement approved by order of the compensation court shall be final and conclusive unless procured by fraud. Upon paying the amount approved by the compensation court, the employer (1) shall be discharged from further liability on account of the injury or death, other than liability for the payment of future medical expenses if such liability is approved by the compensation court on the application of the parties, and (2) shall be entitled to a duly executed release. Upon filing the release or other proof of payment, the liability of the employer under any agreement, award, finding, or decree shall be discharged of record.

The fees of the clerk of the compensation court for filing, docketing, and indexing an application for an order approving a settlement or agreement 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 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, § 48-139

Laws 1951, c. 153, § 1, p. 623

Laws 1975, LB 187, § 4

Laws 1977, LB 126, § 3

Laws 1978, LB 649, § 3

Laws 1986, LB 811, § 57

Laws 1993, LB 757, § 10

Laws 2002, LB 417, § 3

Annotations:

Where lump sum settlement is made and later application is made for further compensation for disability claimed not covered by settlement, burden of proof is on employee. Gooch Milling & Elevator Co. v. Warner, 127 Neb. 796, 257 N.W. 224 (1934).

Where approved lump sum settlement, accepted by employee before death, was complete compensation, widow was not entitled to further award. Lincoln Packing Co. v. Coe, 120 Neb. 299, 232 N.W. 92 (1930).

Final power to award lump sum settlement for employee's death or permanent disability rests with district court, subject to review. Jackson v. Ford Motor Co., 115 Neb. 758, 214 N.W. 631 (1927).

In the approval of commutation of compensation, the public has an interest which it is the duty of the court to protect without regard to the wishes of the parties. Perry v. Huffman Auto. Co., 104 Neb. 211, 175 N.W. 1021 (1920).

Lump sum settlements are authorized only in sound discretion of district court. Myers v. Armour & Co., 103 Neb. 407, 172 N.W. 45 (1919).

Commutation cannot be ordered except with consent of both parties, but court must ratify. Pierce v. Boyer-Van Kuran Lumber & Coal Co., 99 Neb. 321, 156 N.W. 509 (1916); Bailey v. United States Fidelity & Guaranty Co., 99 Neb. 109, 155 N.W. 237 (1915).

~Reissue Revised Statutes of Nebraska