State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter48 > 48-177

48-177. Hearing; judge; place; dismissal; procedure.At the time a petition or motion is filed, one of the judges of the Nebraska Workers' Compensation Court shall be assigned to hear the cause. It shall be heard in the county in which the accident occurred, except as otherwise provided in section 25-412.02 and except that, upon the written stipulation of the parties, filed with the compensation court at least fourteen days before the date of hearing, the cause may be heard in any other county in the state. An action may be dismissed by the plaintiff, if represented by legal counsel, without prejudice to a future action, before the final submission of the case to the compensation court. Upon a motion for dismissal duly filed by the plaintiff, showing that a dispute between the parties no longer exists, the compensation court may dismiss any such cause without a hearing thereon. SourceLaws 1935, c. 57, §§ 13, 15, pp. 193, 195; C.S.Supp.,1941, §§ 48-174, 48-176; R.S.1943, § 48-177; Laws 1945, c. 113, § 8, p. 366; Laws 1949, c. 161, § 5, p. 413; Laws 1975, LB 97, § 8; Laws 1978, LB 649, § 8; Laws 1986, LB 811, § 109; Laws 1997, LB 128, § 6; Laws 2005, LB 13, § 29. AnnotationsThe right of a plaintiff in a workers' compensation case to voluntary dismissal is a right that is not a matter of judicial grace or discretion. Knapp v. Village of Beaver City, 273 Neb. 156, 728 N.W.2d 96 (2007).A plaintiff in a suit before the Workers' Compensation Court does not have an absolute right to a dismissal of the suit without prejudice. Grady v. Visiting Nurse Assn., 246 Neb. 1013, 524 N.W.2d 559 (1994).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).This and succeeding sections prescribe two procedures for processing workmen's compensation claims carrying over rules that governed the compensation commissioner. Adler v. Jerryco Motors, Inc., 187 Neb. 757, 193 N.W.2d 757 (1972).Initial hearing is before one judge of the workmen's compensation court. Light v. Nebraska Workmen's Compensation Court, 166 Neb. 540, 89 N.W.2d 833 (1958).Compensation case may be heard by stipulation of parties in appeal from compensation court and by the district court for any county, and a party invoking the court's jurisdiction is estopped to object thereto afterward. McCall v. Hamilton County Farmers Telephone Assn., 135 Neb. 70, 280 N.W. 254 (1938).