48-161 Disputed claims; submission to court required; court; jurisdiction of ancillary issues. - Nebraska Statutes

48-161. Disputed claims; submission to court required; court; jurisdiction of ancillary issues.All disputed claims for workers' compensation shall be submitted to the Nebraska Workers' Compensation Court for a finding, award, order, or judgment. Such compensation court shall have jurisdiction to decide any issue ancillary to the resolution of an employee's right to workers' compensation benefits, except that jurisdiction with respect to income withholding pursuant to the Income Withholding for Child Support Act shall be as provided in such act, jurisdiction with respect to garnishment for support shall be as provided in sections 25-1009 to 25-1056 and 43-512.09, and jurisdiction with respect to administrative attachment and bank matching shall be as provided in sections 43-3328 to 43-3339. SourceLaws 1935, c. 57, § 11, p. 191; C.S.Supp.,1941, § 48-172; R.S.1943, § 48-161; Laws 1986, LB 811, § 92; Laws 1990, LB 313, § 3; Laws 1993, LB 523, § 25; Laws 1997, LB 752, § 125. Cross ReferencesIncome Withholding for Child Support Act, see section 43-1701. AnnotationsWhile, under this section, the compensation court may determine the existence of insurance, such jurisdiction is not exclusive and such a determination is not mandatory. Risor v. Nebraska Boiler, 274 Neb. 906, 744 N.W.2d 693 (2008).This section provides the Workers' Compensation Court with jurisdiction to determine insurance disputes in workers' compensation claims, including the existence of coverage and the extent of an insurer's liability. According to the terms of this section, that jurisdiction is not exclusive, however, and the district court may also exercise its inherent jurisdiction for these purposes. Schweitzer v. American Nat. Red Cross, 256 Neb. 350, 591 N.W.2d 524 (1999).The Workers' Compensation Court has no jurisdiction to determine workers' compensation insurance coverage disputes. Thomas v. Omega Re-Bar, Inc., 234 Neb. 449, 451 N.W.2d 396 (1990).The Nebraska Workmen's Compensation Court has exclusive jurisdiction in actions arising under the Workmen's Compensation Act. Peak v. Bosse, 202 Neb. 1, 272 N.W.2d 750 (1978).Employer may initiate workmen's compensation proceeding. Fidelity & Casualty Co. v. Kennard, 162 Neb. 220, 75 N.W.2d 553 (1956).An award of compensation cannot be sustained if based upon possibilities, probabilities, conjectural or speculative evidence. Hamilton v. Huebner, 146 Neb. 320, 19 N.W.2d 552 (1945).In disputed claim for compensation, compensation court could make award for injuries in cases not covered by the schedule of compensation. Wilson v. Brown-McDonald Co., 134 Neb. 211, 278 N.W. 254 (1938).An agreement to pay compensation must be approved by compensation commissioner or compensation court or it is void. Duncan v. A. Hospe Co., 133 Neb. 810, 277 N.W. 339 (1938).Right of either party to refuse award or judgment of compensation commissioner and demand retrial before compensation court is paramount to and exclusive of right of appeal to district court from such decision. City of Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576 (1937).