§ 48-175.01 — Nonresident employer; service of process; manner of service; continuance; record

Nebraska § 48-175.01

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

(1)(a) The
performance of work in the State of Nebraska (i) by
an employer, who is a nonresident of the State of Nebraska, (ii) by
any resident employer who becomes a nonresident of this state after the occurrence
of an injury to an employee, or (iii) by any agent of such
an employer shall be deemed an appointment by such employer of the clerk of
the Nebraska Workers' Compensation Court as a true and lawful attorney and
agent upon whom may be served all legal processes in any action or proceeding
against him or her, arising out of or under the provisions of the Nebraska
Workers' Compensation Act, and such performance of work shall be a signification
of the employer's agreement that any such process, which is so served in any
action against him or her, shall be of the same legal force and validity as
if served upon him or her personally within this state. The appointment of
agent, thus made, shall not be revocable by death but shall continue and be
binding upon the executor or administrator of such employer.
(b) For purposes of this section,
performance of work shall include, but not be limited to, situations in which
(i) the injury or injury resulting in death occurred within this state, (ii)
the employment was principally localized within this state, or (iii) the contract
of hire was made within this state.
(2) Service of such process, as referred to in subsection
(1) of this section, shall be made by serving a copy thereof upon the clerk
of the Nebraska Workers' Compensation Court, personally in his or her office or upon
someone who, previous to such service, has been designated in writing by the
clerk of the Nebraska Workers' Compensation Court as the person or one of
the persons with whom such copy may be left for such service upon the clerk
of the Nebraska Workers' Compensation Court, and such service shall be sufficient
service upon the employer. In making such service, a copy of the petition
and a copy of the process shall, within ten days after the date of service,
be sent by the clerk of the Nebraska Workers' Compensation Court, or such
person acting for him or her in his or her office, to the defendant by registered
or certified mail addressed to the defendant's last-known address, and the
defendant's return receipt and affidavit of the clerk of the Nebraska Workers'
Compensation Court, or such person in his or her office acting for him or
her, of compliance therewith shall be appended to such petition and filed
in the office of the clerk of the Nebraska Workers' Compensation Court. The
date of the mailing and the date of the receipt of the return card aforesaid
shall be properly endorsed on such petition and filed by the clerk of the
Nebraska Workers' Compensation Court, or someone acting for him or her.
(3) The Nebraska Workers' Compensation Court shall, on its
own motion, order such continuance of answer day and trial date, as may to
the compensation court seem necessary to afford the defendant reasonable opportunity
to plead and to defend. No such continuance shall be for more than ninety
days except for good cause shown.
(4) It shall be the duty of the clerk of the Nebraska Workers'
Compensation Court to keep a record of all processes so served, in accordance
with subsections (1) and (2) of this section, which record shall show the
date of such service, and to so arrange and index such record as to make the
same readily accessible and convenient for inspection.

Legislative History

Source: Laws 1957, c. 202, § 2, p. 708; Laws 1973, LB 150, § 2; Laws 1986, LB 811, § 108; Laws 2011, LB151, § 8.