State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-138

48-138. Compensation;lump-sum settlement; computation; fee.The amountsof compensation payable periodically under the law by agreement of the partieswith the approval of the Nebraska Workers' Compensation Court may be commutedto one or more lump-sum payments, except compensation due for death, permanentdisability, or claimed permanent disability which may be commuted only asprovided in section 48-139.If commutation is agreed upon pursuant to this sectionor section 48-139, the lump sum to be paid shall be fixed at anamount which will equal the total sum of the probable future payments, capitalizedat their present value upon the basis of interest calculated at five percentper 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 inthis section shall be fifteen dollars. The fees shall be remitted by the clerkto the State Treasurer for credit to the Compensation Court Cash Fund. SourceLaws 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.AnnotationsIt 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).