NEW RULES FOR LUMP SUM SETTLEMENT APPLICATIONS IN NEBRASKA

On June 25, 2021, the Nebraska Workers’ Compensation Court adopted amendments to Rules 47, 64, 65, and Addendum 2. These changes will go into effect immediately. Some of the rule changes are minor, like updates to the rule regarding Court appointed Independent Medical Examiners. Others are more significant. Probably one of the most significant changes […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

Before the Nebraska legislature adjourned the 2021 session, it gave final approval of, and the Governor signed into law, LB 256 and LB 407. As you may recall, LB 256, introduced by Senator Matt Hansen, provides that a release may be used to finalize an agreement to resolve all issues other than future medical where […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

Since the Legislature placed LB 256 and LB 407 on General File nearly two months ago, the body took no action on those bills until this past week. The Legislature gave first round approval to both bills and moved them to Select File on May 5th. On Wednesday the Legislature moved both bills to Final […]

EMPLOYEE OR INDEPENDENT CONTRACTOR? THE TEST THAT WILL DETERMINE LIABILITY FOR WORKERS’ COMPENSATION

Whether or not a worker is considered an employee or an independent contractor can determine liability for workers’ compensation benefits under the Nebraska Workers’ Compensation Act. The Court of Appeals of Nebraska recently revisited the ten factor test to determine if a worker was an employee or an independent contractor in Wright v. H & […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

LB 256 As we reported last week, the Business and Labor Committee advanced LB 256 to General File on a 7-0 vote. Introduced by Senator Matt Hansen, LB 256 provides that a release may be used to finalize an agreement to resolve all issues other than future medical where the employee is eligible for Medicare, […]

UPDATE | 2021 WORKERS’ COMPENSATION LEGISLATION

As of the close of business on Friday, March 12, Committee hearings were completed.  Priority bill designations will wrap up early this week when the Speaker of the legislature selects his 25 priority bills. We anticipate that the balance of the session will be dominated by balancing the state budget and debating priority bills. Early […]
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