48-636.
Administrative appeal; decision;
conclusiveness.
Except insofar as reconsideration of any
determination is had under sections 48-630 to 48-632, any right, fact, or
matter in issue, directly passed upon or necessarily involved in a determination
or redetermination which has become final, or in a decision on appeal which
has become final, shall be conclusive for all the purposes of the Employment
Security Law as between the Commissioner of Labor, the claimant, and all employers
who had notice of such determination, redetermination, or decision. Subject
to appeal proceedings and judicial review as provided in sections 48-634 to 48-644, any determination, redetermination,
or decision as to rights to benefits shall be conclusive for all the purposes
of such law and shall not be subject to collateral attack by any employer.
Source:Laws 1941, c. 94, § 4, p. 387; C.S.Supp.,1941, § 48-706; R.S.1943, § 48-636; Laws 1953, c. 167, § 7, p. 533; Laws 1985, LB 339, § 27; Laws 2012, LB1058, § 4.
Annotations
A determination made pursuant to the Employment Security Law is conclusive only for the purpose of proceedings governed by the Employment Security Law. Ballard v. Giltner Pub. Sch., 241 Neb. 970, 492 N.W.2d 855 (1992).
Denial of unemployment compensation benefits on ground of employee misconduct was not res judicata precluding employee's action for breach of employment contract. A determination made pursuant to Employment Security Law is conclusive only for purpose of proceedings governed by Employment Security Law. Ballard v. Giltner Public Schools, School District No. 2, Hamilton County, 241 Neb. 970, 492 N.W.2d 855 (1992).
Administrative law judge's decision reversing finding at initial unemployment determination that employees were guilty of willful intentional misconduct was not entitled to res judicata effect in employees' subsequent action against their employer challenging their discharge. White v. Ardan, Inc., 230 Neb. 11, 430 N.W.2d 27 (1988).