§ 48-173 — Petition; filing; contents; medical finding required

Nebraska § 48-173

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

Procedure before the Nebraska Workers' Compensation Court shall be as follows: In all cases involving a dispute with reference to workers' compensation, either party at interest, without cost, either in person or by attorney, may file with the compensation court a petition setting forth the names and places of residence of the parties and the facts relating to the employment at the time of the injury for which compensation is claimed, the injury in its extent and character, the amount of wages being received at the time of the injury, the knowledge of or notice to the employer of the occurrence of such injury, and such other facts as may be considered necessary for the information of the compensation court, and also stating the matter or matters in dispute and the contention of the petitioner with reference thereto.
No petition may be filed with the compensation court solely on the issue of reasonableness and necessity of medical treatment unless a medical finding on such issue has been rendered by an independent medical examiner pursuant to section 48-134.01 .

Legislative History

Source: Laws 1935, c. 57, § 13, p. 192; C.S.Supp.,1941, § 48-174; R.S.1943, § 48-173; Laws 1978, LB 649, § 5; Laws 1986, LB 811, § 106; Laws 1993, LB 757, § 27; Laws 1998, LB 1010, § 5. Annotations: This section sets out the requirements of a petition in the compensation court. Shada v. Whitney, 172 Neb. 220, 109 N.W.2d 167 (1961). Petition is required to set out the matters in dispute. Towner v. Western Contracting Corp., 164 Neb. 235, 82 N.W.2d 253 (1957). Either party at interest may initiate workmen's compensation proceeding. Fidelity & Casualty Co. v. Kennard, 162 Neb. 220, 75 N.W.2d 553 (1956). Either party may file petition in case of dispute. Krajeski v. Beem, 157 Neb. 586, 60 N.W.2d 651 (1953). This section provides for the filing of petition in the compensation court. Clark v. Village of Hemingford, 147 Neb. 1044, 26 N.W.2d 15 (1947). Petition must be filed within one year from date of accident unless true character of the injuries was not known at the time. Surratt v. Otoe Food Products Co., 146 Neb. 854, 21 N.W.2d 862 (1946).