Nebraska § 48-138 Compensation;
lump-sum settlement; computation; fee

Nebraska Statutes

§ 48-138 — Compensation; lump-sum settlement; computation; fee

Nebraska·Ch. 48 Labor

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 as
provided in section  48-139 .
If commutation is agreed upon pursuant to this section
or 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

Free access — add to your briefcase to read the full text and ask questions with AI

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 as
provided in section 48-139 .
If commutation is agreed upon pursuant to this section
or 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.

Nebraska § 48-138 (Compensation; lump-sum settlement; computation; fee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

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; Laws 2009, LB630, § 5. 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).