Nebraska § 48-178 Hearing; judgment;
when conclusive; record of proceedings; costs; payment

Nebraska Statutes

§ 48-178 — Hearing; judgment; when conclusive; record of proceedings; costs; payment

Nebraska § 48-178

Ch. 48Labor

This text of Nebraska § 48-178 (Hearing; judgment; when conclusive; record of proceedings; costs; payment) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 48-178 (2026).

Text

The
judge shall make such findings and orders, awards, or judgments as the Nebraska
Workers' Compensation Court or judge is authorized by law to make. Such findings,
orders, awards, and judgments shall be signed by the judge before whom such
proceedings were had. When proceedings are had before a judge of the compensation
court, his or her findings, orders, awards, and judgments shall be conclusive
upon all parties at interest unless reversed or modified upon appeal as hereinafter provided. A
shorthand record or tape recording shall be made of all testimony and evidence
submitted in such proceedings. The compensation court or judge thereof, at
the party's expense, may appoint a court reporter or may direct a party to
furnish a court reporter to be present and report or, by adequate mechani

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The
judge shall make such findings and orders, awards, or judgments as the Nebraska
Workers' Compensation Court or judge is authorized by law to make. Such findings,
orders, awards, and judgments shall be signed by the judge before whom such
proceedings were had. When proceedings are had before a judge of the compensation
court, his or her findings, orders, awards, and judgments shall be conclusive
upon all parties at interest unless reversed or modified upon appeal as hereinafter provided. A
shorthand record or tape recording shall be made of all testimony and evidence
submitted in such proceedings. The compensation court or judge thereof, at
the party's expense, may appoint a court reporter or may direct a party to
furnish a court reporter to be present and report or, by adequate mechanical
means, to record and, if necessary, transcribe proceedings of any hearing.
The charges for attendance shall be paid initially to the reporter by the
employer or, if insured, by the employer's workers' compensation insurer.
The charges shall be taxed as costs and the party initially paying the expense
shall be reimbursed by the party or parties taxed with the costs. The compensation
court or judge thereof may award and tax such costs and apportion the same
between the parties or may order the compensation court to pay such costs
as in its discretion it may think right and equitable. If the expense is unpaid,
the expense shall be paid by the party or parties taxed with the costs or
may be paid by the compensation court. The reporter shall faithfully and accurately
report or record the proceedings.

Legislative History

Source: Laws 1935, c. 57, § 13, p. 193; C.S.Supp.,1941, § 48-174; R.S.1943, § 48-178; Laws 1945, c. 113, § 9, p. 367; Laws 1986, LB 811, § 110; Laws 1992, LB 360, § 20; Laws 2005, LB 238, § 14; Laws 2011, LB151, § 10. Annotations: Hearing before one judge is authorized. Shada v. Whitney, 172 Neb. 220, 109 N.W.2d 167 (1961). Where there is no increase or decrease in incapacity to work, award is conclusive unless reversed or modified on appeal. Riedel v. Smith Baking Co., 150 Neb. 28, 33 N.W.2d 287 (1948). When a judge of the compensation court enters a judgment which he is authorized by law to make, such judgment is conclusive on all parties at interest. Gilmore v. State, 146 Neb. 647, 20 N.W.2d 918 (1945). A party invoking the court's jurisdiction in a case where a court has jurisdiction of the subject matter is estopped to object thereto afterward. McCall v. Hamilton County Farmers Telephone Assn., 135 Neb. 70, 280 N.W. 254 (1938). Awards for compensation cannot be based on possibilities. O'Connor v. Abbott, 134 Neb. 471, 279 N.W. 207 (1938). Parties are entitled to a final determination of the character of the disability, the full amount to be recovered and times when this amount shall be paid. Dymak v. Haskins Bros. & Co., 132 Neb. 308, 271 N.W. 860 (1937).