§ 48-182 — Notice of appeal; bill of exceptions; requirements; waiver of payment; when; extension of time; filing of order

Nebraska § 48-182

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

In case either party at interest refuses to accept
any final order of the Nebraska Workers' Compensation Court, such party may,
within thirty days thereafter, file with the compensation court a notice of
appeal and at the same time the notice of appeal is filed, file
with the compensation court a praecipe for a bill of exceptions. Within seven weeks from the date the notice of appeal is filed, the court reporter
or transcriber shall deliver to the clerk of the Nebraska Workers' Compensation
Court a bill of exceptions which shall include a transcribed copy of the testimony
and the evidence taken before the compensation court at the hearing, which
transcribed copy when certified to by the person who made or transcribed the
record shall constitute the bill of exceptions. The transcript and bill of
exceptions shall be paid for by the party ordering the same, except that upon
the affidavit of any claimant for workers' compensation, filed with or before
the praecipe, that he or she is without means with which to pay and unable
to secure such means, payment may, in the discretion of the compensation court,
be waived as to such claimant and the bill of exceptions shall be paid for
by the compensation court in the same manner as other compensation court expenses.
The procedure for preparation, settlement, signature, allowance, certification,
filing, and amendment of a bill of exceptions shall be regulated and governed
by rules of practice prescribed by the Supreme Court except as otherwise provided
in this section.
When a bill of exceptions has been ordered according to law and the
court reporter or transcriber fails to prepare and file the bill of exceptions
with the clerk of the Nebraska Workers' Compensation Court within seven weeks from the date the notice of appeal is filed, the Supreme Court
may, on the motion of any party accompanied by a proper showing, grant additional
time for the preparation and filing of the bill of exceptions under such conditions
as the court may require. Applications for such an extension of time shall
be regulated and governed by rules of practice prescribed by the Supreme Court.
A copy of such order granting an extension of time shall be filed with the
Nebraska Workers' Compensation Court by the party requesting such extension
within five days after the date of such order.

Legislative History

Source: Laws 1935, c. 57, §§ 13, 15, pp. 194, 195; C.S.Supp.,1941, §§ 48-174, 48-176; R.S.1943, § 48-182; Laws 1967, c. 294, § 2, p. 801; Laws 1971, LB 252, § 1; Laws 1973, LB 192, § 1; Laws 1975, LB 187, § 13; Laws 1986, LB 811, § 114; Laws 1986, LB 529, § 51; Laws 1991, LB 732, § 111; Laws 1992, LB 360, § 23; Laws 2011, LB151, § 12; Laws 2013, LB141, § 2. Annotations: Appeals from a workers' compensation trial court to a review panel are controlled by the statutory provisions found in the Nebraska Workers' Compensation Act, and specifically, section 48-179 and this section, which provide for the review procedure for appeals brought from the trial court to the review panel. Section 48-179 and this section pertain to the same subject matter and must be construed, if at all possible, as consistent with one another and in a sensible manner. Notwithstanding the individuation of examples of rulings listed in section 48-179, this section makes clear that when reading the two provisions together, an order appealed from a workers' compensation trial court to a review panel must be a "final order" of the workers' compensation trial court. Neither section 48-179 nor this section defines a "final order" for purposes of a workers' compensation appeal from a trial court to a review panel, and accordingly, one must look to section 25-1902, which defines three types of final orders which may be reviewed on appeal, and the case law under it to define "final order" for purposes of an appeal from the trial court to the review panel. Thompson v. Kiewit Constr. Co., 258 Neb. 323, 603 N.W.2d 368 (1999). On appeal to district court, the filing of a petition and transcript of the proceedings is required. Spangler v. Terry Carpenter, Inc., 177 Neb. 740, 131 N.W.2d 159 (1964). Motion for new trial is not a necessary prerequisite to trial de novo on appeal. Peek v. Ayres Auto Supply, 155 Neb. 233, 51 N.W.2d 387 (1952). Filing of verified petition on appeal is required. Solheim v. Hastings Housing Co., 151 Neb. 264, 37 N.W.2d 212 (1949). Both petition and transcript must be filed within fourteen days to confer jurisdiction on appeal. Geller v. Elastic Stop Nut Corporation, 147 Neb. 330, 23 N.W.2d 271 (1946). Appeal from award of compensation court sitting en banc is complete when petition and transcript are filed in district court within fourteen days. Henderson v. Wilson, 137 Neb. 693, 291 N.W. 96 (1940). On appeal from the compensation court, the bill of exceptions need not be served upon the adverse party or his attorney before it is filed in district court. Wrede v. City of David City, 137 Neb. 194, 288 N.W. 542 (1939). An award wherein the court ordered a further hearing on medical expenses and mileage is not a final order. Hamm v. Champion Manuf. Homes, 11 Neb. App. 183, 645 N.W.2d 571 (2002).