§ 48-163 — Compensation court; rules and regulations; procedures for adoption; powers and duties

Nebraska § 48-163

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

(1) The Nebraska Workers' Compensation Court, by a majority vote of the judges thereof, may adopt and promulgate all reasonable rules and regulations necessary for carrying out the intent and purpose of the Nebraska Workers' Compensation Act, except that rules and regulations relating to the compensation court's adjudicatory function shall become effective only upon approval of the Supreme Court.
(2) No rule or regulation to carry out the act shall be adopted and promulgated except after public hearing conducted by a quorum of the compensation court on the question of adopting and promulgating such rule or regulation. Notice of such hearing shall be given at least fourteen days prior thereto by publication in a newspaper having general circulation in the state. Draft copies of all such rules and regulations shall be available to the public at the compensation court at the time of giving notice.
(3) The administrator of the compensation court shall establish and maintain a list of subscribers who wish to receive notice of public hearing on the question of adopting and promulgating any rule or regulation and shall provide notice to such subscribers. The administrator shall distribute a current copy of existing rules and regulations and any updates to those rules and regulations once adopted to the State Library and to each county law library or the largest public library in each county.

Legislative History

Source: Laws 1935, c. 57, § 6, p. 190; C.S.Supp.,1941, § 48-167; R.S.1943, § 48-163; Laws 1975, LB 187, § 11; Laws 1986, LB 811, § 96; Laws 1992, LB 360, § 17; Laws 1993, LB 757, § 24; Laws 1999, LB 216, § 15; Laws 2005, LB 13, § 21; Laws 2023, LB191, § 8. Annotations: The Nebraska Workers' Compensation Court Rules of Procedure may supersede or supplant the Nebraska Court Rules of Pleading in Civil Actions. Cruz-Morales v. Swift Beef Co., 275 Neb. 407, 746 N.W.2d 698 (2008). This section provides that the Workers' Compensation Court may adopt all reasonable rules necessary for carrying out the intent and purposes of section 48-101 et seq. Behrens v. American Stores Packing Co., 228 Neb. 18, 421 N.W.2d 12 (1988). Court may remand cause for purpose of procuring competent evidence as to extent of disability. Steward v. Deuel County, 137 Neb. 516, 289 N.W. 877 (1940). District court has power to call in independent medical experts as witnesses. Lowder v. Standard Auto Parts Co., 136 Neb. 747, 287 N.W. 211 (1939). Compensation court may make reasonable rules necessary for carrying out intent and purposes of the act, and shall administer and enforce all the provisions of the act except such as are committed to the courts of appellate jurisdiction. Wilson v. Brown-McDonald Co., 134 Neb. 211, 278 N.W. 254 (1938). This section, with others, evidences intent that the compensation claimant and employer shall be assured of a trial by the compensation court. City of Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576 (1937). Physician was entitled to fee for examination of employee made after hearing in compensation court but before trial in district court to determine whether surgical operation on employee as demanded by employer would be reasonably safe and beneficial. Solomon v. A. W. Farney, Inc., 130 Neb. 484, 265 N.W. 724 (1936).