State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-136

48-136. Compensation; voluntarysettlements.The interested parties shall havethe right to settle all matters of compensation between themselves with theconsent of the workers' compensation insurer, if any, and in accordance withthe Nebraska Workers' Compensation Act. No such settlement shall be binding unless thesettlement is in accordance with such act. SourceLaws 1913, c. 198, § 36, p. 595; R.S.1913, § 3677; Laws 1917, c. 85, § 12, p. 209; C.S.1922, § 3059; C.S.1929, § 48-136; Laws 1935, c. 57, § 22, p. 199; C.S.Supp.,1941, § 48-136; R.S.1943, § 48-136; Laws 1978, LB 649, § 2; Laws 1986, LB 811, § 54; Laws 2005, LB 238, § 6; Laws 2009, LB630, § 4.AnnotationsA finding by the Workers' Compensation Court that an alleged injury is covered by the Workers' Compensation Act is not necessarily a prerequisite to a settlement agreement which includes a program of vocational rehabilitation paid for by the employer or its insurer. Miner v. Robertson Home Furnishing, 239 Neb. 525, 476 N.W.2d 854 (1991).Agreements to settle workers' compensation cases not filed in and approved by the Workers' Compensation Court are void and of no effect. Miner v. Robertson Home Furnishing, 239 Neb. 525, 476 N.W.2d 854 (1991).An agreement dividing compensation benefits between the parties was void where not in writing, filed with and approved by the compensation court. James v. Rainchief Constr. Co., 197 Neb. 818, 251 N.W.2d 367 (1977).Copy of lump sum settlement is required to be filed with compensation court. Miller v. Schlereth, 151 Neb. 33, 36 N.W.2d 497 (1949).Where settlement was never approved by workmen's compensation court, it was ineffective to defeat claim for compensation. Riggins v. Lincoln Tent & Awning Co., 143 Neb. 893, 11 N.W.2d 810 (1943).Agreement to pay compensation must be approved by compensation commissioner or compensation court or it is void, and part payment will not make such agreement actionable at common law. Duncan v. A. Hospe Co., 133 Neb. 810, 277 N.W. 339 (1938).Copy of settlement must not only be filed, but the settlement must also be approved by compensation court. Zurich General Accident & Liability Ins. Co. v. Walker, 128 Neb. 327, 258 N.W. 550 (1935).In order to have a valid agreement for settlement, terms of act must be followed. Ashton v. Blue River Power Co., 117 Neb. 661, 222 N.W. 42 (1928).Lump sum settlement was sustained. Perry v. Huffman Auto. Co., 104 Neb. 211, 175 N.W. 1021 (1920).Under former statute, court had no authority to order commutation of payments in lump sum in absence of agreement. Pierce v. Boyer-Van Kuran Lumber & Coal Co., 99 Neb. 321, 156 N.W. 509 (1916).