§ 48-188 — Order, award, or judgment; filed with district court; filing fee; effect

Nebraska § 48-188

• Jurisdiction: Nebraska
• Ch. 48: Labor

Text

Any order, award, or judgment by the Nebraska Workers' Compensation Court, or any judge thereof, which is certified by the clerk of the compensation court or any order, award, or judgment made pursuant to the Nebraska Workers' Compensation Act by the Court of Appeals or Supreme Court which is certified by the Clerk of the Supreme Court may, as soon as the same becomes conclusive upon the parties at interest, be filed with the district court of any county or counties in the State of Nebraska upon the payment of a fee of two dollars to the clerk of the district court or courts where such order, award, or judgment is filed. Upon filing, such order, award, or judgment shall have the same force and effect as a judgment of such district court or courts and all proceedings in relation thereto shall thereafter be the same as though the order, award, or judgment had been rendered in a suit duly heard and determined by such district court or courts.

Legislative History

Source: Laws 1935, c. 57, § 16, p. 196; C.S.Supp.,1941, § 48-177; R.S.1943, § 48-188; Laws 1951, c. 153, § 2, p. 623; Laws 1975, LB 187, § 16; Laws 1986, LB 811, § 118; Laws 1991, LB 732, § 113; Laws 2005, LB 13, § 30. Annotations: The date on which a workers' compensation court award is filed in a district court pursuant to this section is the date of the judgment for purposes of computing when the judgment becomes dormant under section 25-1515. Weber v. Gas `N Shop, 278 Neb. 49, 767 N.W.2d 746 (2009). The dormancy provisions of section 25-1515 apply to an award of the Nebraska Workers' Compensation Court which is filed in the district court pursuant to this section, and the date on which a workers' compensation award is filed in district court is the date of judgment for purposes of computing when the judgment becomes dormant. Allen v. Immanuel Med. Ctr., 278 Neb. 41, 767 N.W.2d 502 (2009). This section has a nunc pro tunc, or "now for then," effect. Koterzina v. Copple Chevrolet, 249 Neb. 158, 542 N.W.2d 696 (1996). Appellate award of attorney fees could be enforced under this section, where party had filed a copy of the award from the Workers' Compensation Court and had entered the appellate award into evidence. An award by the Supreme Court becomes "conclusive upon the parties" when it issues a mandate. Sherard v. State, 244 Neb. 743, 509 N.W.2d 194 (1993). Workmen's Compensation Act, being complete and independent in itself, amends statutes already existing relative to filing fees without violating the constitutional provision relating to amendments, and no filing fees are required in compensation cases. Scott v. Dohrse, 130 Neb. 847, 266 N.W. 709 (1936).