§ 48-130 — Compensation; savings; insurance; other benefits; not factors

Nebraska § 48-130

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

No 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.

Legislative History

Source: 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. Annotations: 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 (1934). 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). No provision in the Nebraska Workers' Compensation Act limits an employee's ability to receive workers' compensation benefits because he or she is simultaneously receiving unemployment benefits. Hernandez v. JBS USA, 20 Neb. App. 634, 828 N.W.2d 765 (2013). 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).