48-156.
Judges; quorum;
powers.
A majority of the judges of the Nebraska
Workers' Compensation Court shall constitute a quorum to adopt rules and regulations,
as provided in sections 48-163 and 48-164, to transact business, except when
the statute or a rule adopted by the compensation court permits one judge
thereof to act. The
act or decision of a majority of the judges constituting such quorum shall
in all such cases be deemed the act or decision of the compensation court,
except that a majority vote of all the judges shall be required to adopt rules
and regulations.
Source:Laws 1935, c. 57, § 5, p. 190; C.S.Supp.,1941, § 48-166; R.S.1943, § 48-156; Laws 1945, c. 113, § 3, p. 364; Laws 1965, c. 280, § 3, p. 807; Laws 1983, LB 18, § 4; Laws 1986, LB 811, § 86; Laws 1992, LB 360, § 16; Laws 1999, LB 216, § 13; Laws 2011, LB151, § 5.
Annotations
The plain and ordinary meaning of the quorum requirement of this section is that review of a disputed claim must be conducted by no less than three judges of the Workers' Compensation Court. Hagelstein v. Swift-Eckrich Div. of ConAgra, 257 Neb. 312, 597 N.W.2d 394 (1999).
Absent statutory disqualification, bias, or other cause shown, it is not prejudicial for the one judge of the Workmen's Compensation Court to serve as one of the judges of that court on rehearing. Schademann v. Casey, 194 Neb. 149, 231 N.W.2d 116 (1975).
A majority of the court as a quorum is empowered to transact business. City of Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576 (1937).