Nebraska Revised Statute 48-138

Chapter 48

48-138.

Compensation; lump-sum settlement; computation; fee.

The amounts of compensation payable periodically under the law by agreement of the parties with the approval of the Nebraska Workers' Compensation Court may be commuted to one or more lump-sum payments, except compensation due for death, permanent disability, or claimed permanent disability which may be commuted only as provided in section 48-139. If commutation is agreed upon pursuant to this section or section 48-139, the lump sum to be paid shall be fixed at an amount which will equal the total sum of the probable future payments, capitalized at their present value upon the basis of interest calculated at five percent per annum with annual rests.

The fee of the clerk of the compensation court for filing, docketing, and indexing an agreement submitted for approval as provided in this section shall be fifteen dollars. The fees shall be remitted by the clerk to the State Treasurer for credit to the Compensation Court Cash Fund.

Source

  • Laws 1913, c. 198, § 40, p. 596;
  • R.S.1913, § 3681;
  • Laws 1917, c. 85, § 16, p. 212;
  • Laws 1921, c. 122, § 1, p. 526;
  • C.S.1922, § 3063;
  • C.S.1929, § 48-140;
  • Laws 1935, c. 57, § 25, p. 199;
  • C.S.Supp.,1941, § 48-140;
  • R.S.1943, § 48-138;
  • Laws 1975, LB 187, § 3;
  • Laws 1986, LB 811, § 56;
  • Laws 1993, LB 757, § 9;
  • Laws 2009, LB630, § 5.

Annotations

  • It was the legislative intent that compensation court should have exclusive original jurisdiction in handling claims for compensation. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935).

  • One relying on lump sum settlement must bring himself within statute. Ostegaard v. Adams & Kelly Co., 113 Neb. 393, 203 N.W. 564 (1925).