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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1056
Introduced by Conrad, 46.
Read first time January 14, 2026
Committee: Business and Labor
A BILL FOR AN ACT relating to the Nebraska Workers' Compensation Act; to1
amend sections 48-120, 48-121.01, 48-122, 48-122.01, 48-122.03,2
48-126, 48-134, and 48-134.01, Reissue Revised Statutes of Nebraska,3
and section 48-121, Revised Statutes Cumulative Supplement, 2024; to4
require payment for interpreter services; to change provisions5
relating to the right to select a physician, compensation schedules,6
maximum and minimum weekly income benefits, and calculation of7
wages; to require annual cost-of-living adjustments to benefits as8
prescribed; to define terms; to require payment of benefits to a9
personal representative; to harmonize provisions; and to repeal the10
original sections. 11
Be it enacted by the people of the State of Nebraska,12
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Section 1. Section 48-120, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
48-120 (1)(a) The employer is liable for all reasonable medical,3
surgical, and hospital services, including plastic surgery or4
reconstructive surgery but not cosmetic surgery when the injury has5
caused disfigurement, appliances, supplies, prosthetic devices, and6
medicines as and when needed, which are required by the nature of the7
injury and which will relieve pain or promote and hasten the employee's8
restoration to health and employment, and includes damage to or9
destruction of artificial members, dental appliances, teeth, hearing10
instruments, and eyeglasses, but, in the case of dental appliances,11
hearing instruments, or eyeglasses, only if such damage or destruction12
resulted from an accident which also caused personal injury entitling the13
employee to compensation therefor for disability or treatment, subject to14
the approval of and regulation by the Nebraska Workers' Compensation15
Court, not to exceed the regular charge made for such service in similar16
cases. If the employee cannot readily understand or communicate in17
English or another language spoken by a service provider, the employer18
shall be liable for all reasonable costs of interpretation services19
related to such medical, surgical, or hospital services. The interpreter20
shall be selected by the employee or the employee's representative from21
the interpreter register created in Rule 6-702 of the Nebraska Supreme22
Court Rules. 23
(b) Except as provided in section 48-120.04, the compensation court24
shall establish schedules of fees for such services. The compensation25
court shall review such schedules at least biennially and adopt26
appropriate changes when necessary. The compensation court may contract27
with any person, firm, corporation, organization, or government agency to28
secure adequate data to establish such fees. The compensation court shall29
publish and furnish to the public the fee schedules established pursuant30
to this subdivision and section 48-120.04. The compensation court may31
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establish and charge a fee to recover the cost of published fee1
schedules. 2
(c) Reimbursement for inpatient hospital services provided by3
hospitals located in or within fifteen miles of a Nebraska city of the4
metropolitan class or primary class and by other hospitals with fifty-one5
or more licensed beds shall be according to the Diagnostic Related Group6
inpatient hospital fee schedule or the trauma services inpatient hospital7
fee schedule established in section 48-120.04. 8
(d) A workers' compensation insurer, risk management pool, self-9
insured employer, or managed care plan certified pursuant to section10
48-120.02 may contract with a provider or provider network for medical,11
surgical, or hospital services. Such contract may establish fees for12
services different than the fee schedules established under subdivision13
(1)(b) of this section or established under section 48-120.04. Such14
contract shall be in writing and mutually agreed upon prior to the date15
services are provided. 16
(e) The provider or supplier of such services shall not collect or17
attempt to collect from any employer, insurer, government, or injured18
employee or dependent or the estate of any injured or deceased employee19
any amount in excess of (i) the fee established by the compensation court20
for any such service, (ii) the fee established under section 48-120.04,21
or (iii) the fee contracted under subdivision (1)(d) of this section,22
including any finance charge or late penalty. 23
(2)(a)(i) (2)(a) The employee has the right to select a physician24
who has maintained the employee's medical records prior to an injury and25
has a documented history of treatment with the employee prior to an26
injury or a physician who has maintained the medical records of an27
immediate family member of the employee prior to an injury and has a28
documented history of treatment with an immediate family member of the29
employee prior to an injury. If there is no such physician, the employee30
may select a physician within a timeframe established by the compensation31
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court. For purposes of this subsection, immediate family member means the1
employee's spouse, children, parents, stepchildren, and stepparents.2
(ii) The employer shall notify the employee following an injury of3
such right of selection in a form and manner and within a timeframe4
established by the compensation court. If the employee cannot readily5
understand or communicate in English or another language spoken by the6
employer, then the employer shall, at no cost to such employee, provide7
such notice to the employee in a language understood by the employee. If8
the employer fails to notify the employee of such right of selection , or9
fails to notify the employee of such right of selection in a form and10
manner and within a timeframe established by the compensation court, or11
fails to notify the employee of such right of selection in the manner12
required by this subdivision, then the employee has the right to select a13
physician. If the employee fails to exercise such right of selection in a14
form and manner and within a timeframe established by the compensation15
court following notice by the employer pursuant to this subsection, then16
the employer has the right to select the physician.17
(iii) If selection of the initial physician is made by the employee18
or employer pursuant to this subsection following notice by the employer19
pursuant to this subsection, the employee or employer shall not change20
the initial selection of physician made pursuant to this subsection21
unless such change is agreed to by the employee and employer or is22
ordered by the compensation court pursuant to subsection (6) of this23
section. 24
(iv) If compensability is denied by the workers' compensation25
insurer, risk management pool, or self-insured employer, (A) (i) the26
employee has the right to select a physician and shall not be made to27
enter a managed care plan and (B) (ii) the employer is liable for28
medical, surgical, and hospital services subsequently found to be29
compensable. 30
(v) If the employer has exercised the right to select a physician31
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pursuant to this subsection and if the compensation court subsequently1
orders reasonable medical services previously refused to be furnished to2
the employee by the physician selected by the employer, the compensation3
court shall allow the employee to select another physician to furnish4
further medical services. 5
(vi) If the employee selects a physician located in a community not6
the home or place of work of the employee and a physician is available in7
the local community or in a closer community, no travel expenses shall be8
required to be paid by the employer or his or her workers' compensation9
insurer. 10
(b) In cases of injury requiring dismemberment or injuries involving11
major surgical operation, the employee may designate to his or her12
employer the physician or surgeon to perform the operation.13
(c) If the injured employee unreasonably refuses or neglects to14
avail himself or herself of medical or surgical treatment furnished by15
the employer, except as herein and otherwise provided, the employer is16
not liable for an aggravation of such injury due to such refusal and17
neglect and the compensation court or judge thereof may suspend, reduce,18
or limit the compensation otherwise payable under the Nebraska Workers'19
Compensation Act. 20
(d) If, due to the nature of the injury or its occurrence away from21
the employer's place of business, the employee or the employer is unable22
to select a physician using the procedures provided by this subsection,23
the selection requirements of this subsection shall not apply as long as24
the inability to make a selection persists. 25
(e) The physician selected may arrange for any consultation,26
referral, or extraordinary or other specialized medical services as the27
nature of the injury requires. 28
(f) The employer is not responsible for medical services furnished29
or ordered by any physician or other person selected by the employee in30
disregard of this section. Except as otherwise provided by the Nebraska31
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Workers' Compensation Act, the employer is not liable for medical,1
surgical, or hospital services or medicines if the employee refuses to2
allow them to be furnished by the employer. 3
(3) No claim for such medical treatment is valid and enforceable4
unless, within fourteen days following the first treatment, the physician5
giving such treatment furnishes the employer a report of such injury and6
treatment on a form prescribed by the compensation court. The7
compensation court may excuse the failure to furnish such report within8
fourteen days when it finds it to be in the interest of justice to do so.9
(4) All physicians and other providers of medical services attending10
injured employees shall comply with all the rules and regulations adopted11
and promulgated by the compensation court and shall make such reports as12
may be required by it at any time and at such times as required by it13
upon the condition or treatment of any injured employee or upon any other14
matters concerning cases in which they are employed. All medical and15
hospital information relevant to the particular injury shall, on demand,16
be made available to the employer, the employee, the workers'17
compensation insurer, and the compensation court. The party requesting18
such medical and hospital information shall pay the cost thereof. No such19
relevant information developed in connection with treatment or20
examination for which compensation is sought shall be considered a21
privileged communication for purposes of a workers' compensation claim.22
When a physician or other provider of medical services willfully fails to23
make any report required of him or her under this section, the24
compensation court may order the forfeiture of his or her right to all or25
part of payment due for services rendered in connection with the26
particular case. 27
(5) Whenever the compensation court deems it necessary, in order to28
assist it in resolving any issue of medical fact or opinion, it shall29
cause the employee to be examined by a physician or physicians selected30
by the compensation court and obtain from such physician or physicians a31
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report upon the condition or matter which is the subject of inquiry. The1
compensation court may charge the cost of such examination to the2
workers' compensation insurer. The cost of such examination shall include3
the payment to the employee of all necessary and reasonable expenses4
incident to such examination, such as transportation , and loss of wages,5
and interpreter services. 6
(6) The compensation court shall have the authority to determine the7
necessity, character, and sufficiency of any medical or interpreter8
services furnished or to be furnished and shall have authority to order a9
change of physician, hospital, rehabilitation facility, or other medical10
or interpreter services when it deems such change is desirable or11
necessary. Any dispute regarding medical, surgical, or hospital, or12
interpreter services furnished or to be furnished under this section may13
be submitted by the parties, the supplier of such service, or the14
compensation court on its own motion for informal dispute resolution by a15
staff member of the compensation court or an outside mediator pursuant to16
section 48-168. In addition, any party or the compensation court on its17
own motion may submit such a dispute for a medical finding by an18
independent medical examiner pursuant to section 48-134.01. Issues19
submitted for informal dispute resolution or for a medical finding by an20
independent medical examiner may include, but are not limited to, the21
reasonableness and necessity of any medical treatment previously provided22
or to be provided to the injured employee. The compensation court may23
adopt and promulgate rules and regulations regarding informal dispute24
resolution or the submission of disputes to an independent medical25
examiner that are considered necessary to effectuate the purposes of this26
section. 27
(7) For the purpose of this section, physician has the same meaning28
as in section 48-151. 29
(8) The compensation court shall order the employer to make payment30
directly to the supplier of any services provided for in this section or31
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reimbursement to anyone who has made any payment to the supplier for1
services provided in this section. No such supplier or payor may be made2
or become a party to any action before the compensation court.3
(9) Notwithstanding any other provision of this section, a workers'4
compensation insurer, risk management pool, or self-insured employer may5
contract for medical, surgical, hospital, and rehabilitation services to6
be provided through a managed care plan certified pursuant to section7
48-120.02. Once liability for medical, surgical, and hospital services8
has been accepted or determined, the employer may require that employees9
subject to the contract receive medical, surgical, and hospital services10
in the manner prescribed in the contract, except that an employee may11
receive services from a physician selected by the employee pursuant to12
subsection (2) of this section if the physician so selected agrees to13
refer the employee to the managed care plan for any other treatment that14
the employee may require and if the physician so selected agrees to15
comply with all the rules, terms, and conditions of the managed care16
plan. If compensability is denied by the workers' compensation insurer,17
risk management pool, or self-insured employer, the employee may leave18
the managed care plan and the employer is liable for medical, surgical,19
and hospital services previously provided. The workers' compensation20
insurer, risk management pool, or self-insured employer shall give notice21
to employees subject to the contract of eligible service providers and22
such other information regarding the contract and manner of receiving23
medical, surgical, and hospital services under the managed care plan as24
the compensation court may prescribe. 25
Sec. 2. Section 48-121, Revised Statutes Cumulative Supplement,26
2024, is amended to read: 27
48-121 The following schedule of compensation is hereby established28
for injuries resulting in disability: 29
(1) For total disability, the compensation during such disability30
shall be eighty sixty-six and two-thirds percent of the wages received at31
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the time of injury, but such compensation shall not be more than the1
maximum weekly income benefit specified in section 48-121.01 nor less2
than the minimum weekly income benefit specified in section 48-121.01 ,3
except that if at the time of injury the employee receives wages of less4
than the minimum weekly income benefit specified in section 48-121.01,5
then he or she shall receive the full amount of such wages per week as6
compensation. Nothing in this subdivision shall require payment of7
compensation after disability shall cease; 8
(2) For disability partial in character, except the particular cases9
mentioned in subdivision (3) of this section, the compensation shall be10
seventy-five sixty-six and two-thirds percent of the difference between11
the wages received at the time of the injury and the earning power of the12
employee thereafter, but such compensation shall not be more than the13
maximum weekly income benefit specified in section 48-121.01. This14
compensation shall be paid during the period of such partial disability15
but not beyond five three hundred weeks. Should total disability be16
followed by partial disability, the period of five three hundred weeks17
mentioned in this subdivision shall be reduced by the number of weeks18
during which compensation was paid for such total disability; 19
(3) For disability resulting from permanent injury of the classes20
listed in this subdivision, the compensation shall be in addition to the21
amount paid for temporary disability, except that the compensation for22
temporary disability shall cease as soon as the extent of the permanent23
disability is ascertainable. For disability resulting from permanent24
injury of the following classes, compensation shall be: For the loss of a25
thumb, seventy-five sixty-six and two-thirds percent of daily wages26
during sixty weeks. For the loss of a first finger, commonly called the27
index finger, seventy-five sixty-six and two-thirds percent of daily28
wages during thirty-five weeks. For the loss of a second finger, seventy-29
five sixty-six and two-thirds percent of daily wages during thirty weeks.30
For the loss of a third finger, seventy-five sixty-six and two-thirds31
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percent of daily wages during twenty weeks. For the loss of a fourth1
finger, commonly called the little finger, seventy-five sixty-six and2
two-thirds percent of daily wages during fifteen weeks. The loss of the3
first phalange of the thumb or of any finger shall be considered to be4
equal to the loss of one-half of such thumb or finger and compensation5
shall be for one-half of the periods of time above specified, and the6
compensation for the loss of one-half of the first phalange shall be for7
one-fourth of the periods of time above specified. The loss of more than8
one phalange shall be considered as the loss of the entire finger or9
thumb, except that in no case shall the amount received for more than one10
finger exceed the amount provided in this schedule for the loss of a11
hand. For the loss of a great toe, seventy-five sixty-six and two-thirds12
percent of daily wages during thirty weeks. For the loss of one of the13
toes other than the great toe, seventy-five sixty-six and two-thirds14
percent of daily wages during ten weeks. The loss of the first phalange15
of any toe shall be considered equal to the loss of one-half of such toe,16
and compensation shall be for one-half of the periods of time above17
specified. The loss of more than one phalange shall be considered as the18
loss of the entire toe. For the loss of a hand, seventy-five sixty-six19
and two-thirds percent of daily wages during one hundred seventy-five20
weeks. For the loss of an arm, seventy-five sixty-six and two-thirds21
percent of daily wages during two hundred twenty-five weeks. For the loss22
of a foot, seventy-five sixty-six and two-thirds percent of daily wages23
during one hundred fifty weeks. For the loss of a leg, seventy-five24
sixty-six and two-thirds percent of daily wages during two hundred25
fifteen weeks. For the loss of an eye, seventy-five sixty-six and two-26
thirds percent of daily wages during one hundred twenty-five weeks. For27
the loss of an ear, seventy-five sixty-six and two-thirds percent of28
daily wages during twenty-five weeks. For the loss of hearing in one ear,29
seventy-five sixty-six and two-thirds percent of daily wages during fifty30
weeks. For the loss of the nose, seventy-five sixty-six and two-thirds31
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percent of daily wages during fifty weeks. 1
In any case in which there is a loss or loss of use of more than one2
member or parts of more than one member set forth in this subdivision,3
but not amounting to total and permanent disability, compensation4
benefits shall be paid for the loss or loss of use of each such member or5
part thereof, with the periods of benefits to run consecutively. The6
total loss or permanent total loss of use of both hands, or both arms, or7
both feet, or both legs, or both eyes, or hearing in both ears, or of any8
two thereof, in one accident, shall constitute total and permanent9
disability and be compensated for according to subdivision (1) of this10
section. In all other cases involving a loss or loss of use of both11
hands, both arms, both feet, both legs, both eyes, or hearing in both12
ears, or of any two thereof, total and permanent disability shall be13
determined in accordance with the facts. Amputation between the elbow and14
the wrist shall be considered as the equivalent of the loss of a hand,15
and amputation between the knee and the ankle shall be considered as the16
equivalent of the loss of a foot. Amputation at or above the elbow shall17
be considered as the loss of an arm, and amputation at or above the knee18
shall be considered as the loss of a leg. Permanent total loss of the use19
of a finger, hand, arm, foot, leg, or eye shall be considered as the20
equivalent of the loss of such finger, hand, arm, foot, leg, or eye. In21
all cases involving a permanent partial loss of the use or function of22
any of the members mentioned in this subdivision, the compensation shall23
bear such relation to the amounts named in such subdivision as the24
disabilities bear to those produced by the injuries named therein. 25
If, in the compensation court's discretion, compensation benefits26
payable for a loss or loss of use of more than one hand, arm, foot, or27
leg, or any combination thereof, resulting from the same accident or28
illness, do not adequately compensate the employee for such loss or loss29
of use and such loss or loss of use results in at least a thirty percent30
loss of earning capacity, the compensation court shall, upon request of31
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the employee, determine the employee's loss of earning capacity1
consistent with the process for such determination under subdivision (1)2
or (2) of this section, and in such a case the employee shall not be3
entitled to compensation under this subdivision. Loss or loss of use of4
multiple parts of the same arm, including the hand and fingers, or loss5
or loss of use of multiple parts of the same leg, including the foot and6
toes, resulting from the same accident or illness shall not entitle the7
employee to compensation under subdivision (1) or (2) of this section.8
If the employer and the employee are unable to agree upon the amount9
of compensation to be paid in cases not covered by the schedule, the10
amount of compensation shall be settled according to sections 48-173 to11
48-185. Compensation under this subdivision shall not be more than the12
maximum weekly income benefit specified in section 48-121.01 nor less13
than the minimum weekly income benefit specified in section 48-121.01 ,14
except that if at the time of the injury the employee received wages of15
less than the minimum weekly income benefit specified in section16
48-121.01, then he or she shall receive the full amount of such wages per17
week as compensation; 18
(4) For disability resulting from permanent disability, if19
immediately prior to the accident the rate of wages was fixed by the day20
or hour, or by the output of the employee, the weekly wages shall be21
taken to be computed upon the basis of a workweek of a minimum of five22
days, if the wages are paid by the day, or upon the basis of a workweek23
of a minimum of forty hours, if the wages are paid by the hour, or upon24
the basis of a workweek of a minimum of five days or forty hours,25
whichever results in the higher weekly wage, if the wages are based on26
the output of the employee; and 27
(5) The employee shall be entitled to compensation from his or her28
employer for temporary disability while undergoing physical or medical29
rehabilitation and while undergoing vocational rehabilitation whether30
such vocational rehabilitation is voluntarily offered by the employer and31
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accepted by the employee or is ordered by the Nebraska Workers'1
Compensation Court or any judge of the compensation court; and .2
(6)(a) Beginning in 2027, weekly income benefits under this section3
lasting longer than twelve months shall be adjusted to account for4
increases in the cost of living. 5
(b) For purposes of this subdivision, COLA percentage means the6
greater of: 7
(i) One percent; or 8
(ii) The percentage change, for the most recent twelve-month period9
for which information is available, in the Consumer Price Index for Urban10
Wage Earners and Clerical Workers, as prepared by the United States11
Department of Labor, Bureau of Labor Statistics. 12
(c) On January 1, 2027, and on each January 1 thereafter, the13
Nebraska Workers' Compensation Court shall determine the COLA percentage14
that will apply for such calendar year. 15
(d) If a person receives a weekly income benefit under this section16
that lasts longer than twelve months, the person's weekly income benefit17
shall be automatically adjusted at the end of each twelve-month period.18
The adjusted amount shall equal the then-current weekly income benefit19
amount multiplied by the COLA percentage in effect for that calendar20
year. The adjusted amount shall be computed to the next higher whole21
dollar amount. Such adjusted amount shall apply for the next twelve-month22
period. 23
(e) The cost-of-living adjustment provided for in this subdivision24
shall not result in a weekly income benefit that is more than the maximum25
weekly income benefit specified in section 48-121.01 that is in effect at26
the time the adjustment is made. 27
Sec. 3. Section 48-121.01, Reissue Revised Statutes of Nebraska, is28
amended to read: 29
48-121.01 (1)(a)(i) Commencing July 1, 1991, the maximum weekly30
income benefit under sections 48-121 and 48-122 shall be two hundred31
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sixty-five dollars. 1
(ii) Commencing June 1, 1994, the maximum weekly income benefit2
under sections 48-121 and 48-122 shall be three hundred ten dollars.3
(iii) Commencing January 1, 1995, the maximum weekly income benefit4
under sections 48-121 and 48-122 shall be three hundred fifty dollars.5
(1)(a) (b) Commencing January 1, 1996, and each January 1 thereafter6
until January 1, 2027, the maximum weekly income benefit under sections7
48-121 and 48-122 shall be one hundred percent, computed to the next8
higher whole dollar, of the state average weekly wage determined pursuant9
to section 48-121.02, except that for the purposes of calendar years10
commencing after 1996, the Governor may not later than November 15, 1996,11
and not later than each November 15 thereafter, conduct a public hearing12
after not less than thirty days' notice to consider whether he or she13
should issue an order to suspend the effectiveness of the change in the14
maximum weekly income benefit otherwise required by this subdivision for15
the ensuing calendar year. 16
(b) Commencing January 1, 2027, and each January 1 thereafter, the17
maximum weekly income benefit under sections 48-121 and 48-122 shall be18
two hundred percent, computed to the next higher whole dollar, of the19
state average weekly wage determined pursuant to section 48-121.02,20
except that for the purposes of calendar years commencing after 2027, the21
Governor may not later than November 15, 2027, and not later than each22
November 15 thereafter, conduct a public hearing after not less than23
thirty days' notice to consider whether the Governor should issue an24
order to suspend the effectiveness of the change in the maximum weekly25
income benefit otherwise required by this subdivision for the ensuing26
calendar year. 27
(c) In order to make his or her decision under subdivision (1)(a) or28
(b) of this section, the Governor shall consider such factors as recent29
trends in economic conditions in the state, general wage levels, workers'30
compensation benefit levels, and workers' compensation premium levels.31
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After such hearing but not later than November 30 immediately thereafter,1
the Governor may issue an order to suspend the effectiveness of the2
change in the maximum weekly income benefit otherwise required by this3
subdivision (1)(a) or (b) of this section for the ensuing calendar year.4
(2) The minimum weekly income benefit under sections 48-121 and5
48-122 shall be fifty percent, computed to the next higher whole dollar,6
of the state average weekly wage determined pursuant to section7
48-121.02, except that if at the time of injury an employee receives8
wages of less than such amount, the minimum weekly income benefit for9
such employee shall be the full amount of such wages per week forty-nine10
dollars. 11
Sec. 4. Section 48-122, Reissue Revised Statutes of Nebraska, is12
amended to read: 13
48-122 (1) If death results from injuries and the deceased employee14
leaves one or more dependents dependent upon his or her earnings for15
support at the time of injury, the compensation, subject to section16
48-123, shall be not more than the maximum weekly income benefit17
specified in section 48-121.01 nor less than the minimum weekly income18
benefit specified in section 48-121.01 , except that if at the time of19
injury the employee receives wages of less than the minimum weekly income20
benefit specified in section 48-121.01, then the compensation shall be21
the full amount of such wages per week, payable in the amount and to the22
persons enumerated in section 48-122.01 subject to the maximum limits23
specified in this section and section 48-122.03. 24
(2) When death results from injuries suffered in employment, if25
immediately prior to the accident the rate of wages was fixed by the day26
or hour, or by the output of the employee, the weekly wages shall be27
taken to be computed upon the basis of a workweek of a minimum of five28
days, if the wages are paid by the day, or upon the basis of a workweek29
of a minimum of forty hours, if the wages are paid by the hour, or upon30
the basis of a workweek of a minimum of five days or forty hours,31
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whichever results in the higher weekly wage, if the wages are based on1
the output of the employee. 2
(3) Upon the death of an employee, resulting through personal3
injuries as defined in section 48-151, whether or not there are4
dependents entitled to compensation, the reasonable expenses of burial,5
not exceeding eleven thousand dollars, without deduction of any amount6
previously paid or to be paid for compensation or for medical expenses,7
shall be paid to his or her dependents, or if there are no dependents,8
then to his or her personal representative. Beginning in 2023, the9
Nebraska Workers' Compensation Court shall annually adjust the dollar10
limitation in this subsection. The adjusted limitation shall be equal to11
the then current limitation adjusted by the greater of one percent or the12
percentage change, for the preceding year, in the Consumer Price Index13
for All Urban Consumers, as prepared by the United States Department of14
Labor, Bureau of Labor Statistics. Any adjustment shall be effective on15
July 1. The adjustment shall not exceed two and three-quarters percent16
per annum. If the amount so adjusted is not a multiple of one hundred17
dollars, the amount shall be rounded to the nearest multiple of one18
hundred dollars. 19
(4) Compensation under the Nebraska Workers' Compensation Act to20
alien dependents who are not residents of the United States shall be the21
same in amount as is provided in each case for residents, except that at22
any time within one year after the death of the injured employee the23
employer may at his or her option commute all future installments of24
compensation to be paid to such alien dependents. The amount of the25
commuted payment shall be determined as provided in section 48-138.26
(5)(a)(i) Except as provided in subdivision (5)(a)(ii) of this27
section, the consular officer of the nation of which the employee, whose28
injury results in death, is a citizen shall be regarded as the sole legal29
representative of any alien dependents of the employee residing outside30
of the United States and representing the nationality of the employee.31
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(ii) At any time prior to the final settlement, a nonresident alien1
dependent may file with the Nebraska Workers' Compensation Court a power2
of attorney designating any suitable person residing in this state to act3
as attorney in fact in proceedings under the Nebraska Workers'4
Compensation Act. If the compensation court determines that the interests5
of the nonresident alien dependent will be better served by such person6
than by the consular officer, the compensation court shall appoint such7
person to act as attorney in fact in such proceedings. In making such8
determination the court shall consider, among other things, whether a9
consular officer's jurisdiction includes Nebraska and the responsiveness10
of the consular officer to attempts made by an attorney representing the11
employee to engage such consular officer in the proceedings.12
(b) Such consular officer or appointed person shall have in behalf13
of such nonresident alien dependents the exclusive right to institute14
proceedings for, adjust, and settle all claims for compensation provided15
by the Nebraska Workers' Compensation Act and to receive the distribution16
to such nonresident alien dependents of all compensation arising17
thereunder. 18
(c) A person appointed under subdivision (5)(a)(ii) of this section19
shall furnish a bond satisfactory to the compensation court conditioned20
upon the proper application of any money received as compensation under21
the Nebraska Workers' Compensation Act. Before the bond is discharged,22
such appointed person shall file with the compensation court a verified23
account of receipts and disbursements of such money.24
(d) For purposes of this section, consular officer means a consul25
general, vice consul general, or vice consul or the representative of any26
such official residing within the State of Nebraska.27
(6) The changes made to this section by Laws 2019, LB418, apply to28
cases under the Nebraska Workers' Compensation Act that are pending on29
September 1, 2019, and to cases filed on or after such date.30
Sec. 5. Section 48-122.01, Reissue Revised Statutes of Nebraska, is31
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amended to read: 1
48-122.01 (1) Compensation under section 48-122 shall be payable in2
the amount and to the following persons subject to the maximum limits3
specified in sections 48-122 and 48-122.03: 4
(a) (1) If there is a widow or widower and no children of the5
deceased, as defined in section 48-124, to such widow or widower,6
seventy-five sixty-six and two-thirds percent of the average weekly wage7
of the deceased, during widowhood or widowerhood; 8
(b) (2) To the widow or widower, if there is a child or children9
living with the widow or widower, sixty-nine sixty percent of the average10
weekly wage of the deceased, or sixty fifty-five percent, if such child11
is not or such children are not living with a widow or widower, and, in12
addition thereto, twenty-four fifteen percent for each child. When there13
are two or more such children, the indemnity benefits payable on account14
of such children shall be divided among such children, share and share15
alike; 16
(c) (3) Two years' indemnity benefits in one lump sum shall be17
payable to a widow or widower upon remarriage; 18
(d) (4) To the children, if there is no widow or widower, seventy-19
five sixty-six and two-thirds percent of such wage for one child, and an20
additional twenty-four fifteen percent for two or more children each21
additional child, divided among such children, share and share alike;22
(e) (5) The income benefits payable on account of any child under23
this section shall cease when he or she dies, marries, or reaches the age24
of nineteen, or when a child over such age ceases to be physically or25
mentally incapable of self-support, or if actually dependent ceases to be26
actually dependent, or, if enrolled as a full-time student in any27
accredited educational institution, ceases to be so enrolled or reaches28
the age of twenty-five. A child who originally qualified as a dependent29
by virtue of being less than nineteen years of age may, upon reaching age30
nineteen, continue to qualify if he or she satisfies the tests of being31
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physically or mentally incapable of self-support, actual dependency, or1
enrollment in an educational institution; 2
(f) (6) To each parent, if actually dependent, thirty-four twenty-3
five percent; 4
(g) (7) To the brothers, sisters, grandparents, and grandchildren,5
if actually dependent, thirty-four twenty-five percent to each such6
dependent. If there should be more than one of such dependents, the total7
income benefits payable on account of such dependents shall be divided8
share and share alike; 9
(h) (8) The income benefits of each beneficiary under subdivisions10
(1)(f) and (g) (6) and (7) of this section shall be paid until he or she,11
if a parent or grandparent, dies, marries, or ceases to be actually12
dependent, or, if a brother, sister, or grandchild, dies, marries, or13
reaches the age of nineteen or if over that age ceases to be physically14
or mentally incapable of self-support, or ceases to be actually15
dependent; and 16
(i) (9) A person ceases to be actually dependent when his or her17
income from all sources exclusive of workers' compensation income18
benefits is such that, if it had existed at the time as of which the19
original determination of actual dependency was made, it would not have20
supported a finding of dependency. In any event, if the present annual21
income of an actual dependent person including workers' compensation22
income benefits at any time exceeds the total annual support received by23
the person from the deceased employee, the workers' compensation benefits24
shall be reduced so that the total annual income is no greater than such25
amount of annual support received from the deceased employee. In all26
cases, a person found to be actually dependent shall be presumed to be no27
longer actually dependent three years after each time as of which the28
person was found to be actually dependent. This presumption may be29
overcome by proof of continued actual dependency as defined in this30
subdivision and section 48-124; and . 31
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(j) If there is no spouse, child, or other dependent entitled to1
benefits under this section, twenty-five thousand dollars to the personal2
representative of the estate of the deceased. 3
(2)(a) Beginning in 2027, weekly income benefits under this section4
lasting longer than twelve months shall be adjusted to account for5
increases in the cost of living. 6
(b) For purposes of this subsection, COLA percentage means the7
greater of: 8
(i) One percent; or 9
(ii) The percentage change, for the most recent twelve-month period10
for which information is available, in the Consumer Price Index for Urban11
Wage Earners and Clerical Workers, as prepared by the United States12
Department of Labor, Bureau of Labor Statistics. 13
(c) On January 1, 2027, and on each January 1 thereafter, the14
Nebraska Workers' Compensation Court shall determine the COLA percentage15
that will apply for such calendar year. 16
(d) If a person receives a weekly income benefit under this section17
that lasts longer than twelve months, the person's weekly income benefit18
shall be automatically adjusted at the end of each twelve-month period.19
The adjusted amount shall equal the then-current weekly income benefit20
amount multiplied by the COLA percentage in effect for that calendar21
year. The adjusted amount shall be computed to the next higher whole22
dollar amount. Such adjusted amount shall apply for the next twelve-month23
period. 24
(e) The cost-of-living adjustment provided for in this subsection25
shall not result in a weekly income benefit that is more than the maximum26
weekly income benefit specified in section 48-122 that is in effect at27
the time the adjustment is made. 28
(f) The maximum limitation in section 48-122.03 shall not limit29
increases in the weekly income benefit resulting from the cost-of-living30
adjustment provided for in this subsection. 31
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Sec. 6. Section 48-122.03, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
48-122.03 (1) The maximum weekly income benefits payable for all3
beneficiaries in case of death shall not exceed two hundred seventy-five4
percent of the average weekly wage of the deceased, subject to the5
maximum limits in section 48-122. The maximum aggregate limitation shall6
not operate in case of payment of two years' income benefits to the widow7
or widower upon remarriage, as provided under subdivision (1)(c) (3) of8
section 48-122.01, to prevent the immediate recalculation and payments of9
benefits to the remaining beneficiaries as provided under section10
48-122.02. The classes of beneficiaries specified in subdivisions (1)(a),11
(b), and (d) (1), (2), and (4) of section 48-122.01 shall have priority12
over all other beneficiaries in the apportionment of income benefits.13
(2)(a) If there is a widow or widower and a child or children and14
the maximums specified in section 48-122 and this section prevent full15
payment under either maximum, the compensation shall be apportioned16
between the widow or widower and the child or children on a pro rata17
basis. 18
(b) If there is more than one child living with the widow or widower19
and no child or children living separately, the apportionment shall be on20
the pro rata basis of one hundred sixty percent to the widow or widower21
and forty fifteen percent divided among the children.22
(c) If there is more than one child not living with the widow or23
widower and no child or children living with her or him, the24
apportionment shall be on the pro rata basis of one hundred forty-six25
fifty-five percent to the widow or widower and fifty-four twenty percent26
divided among the children. 27
(d) If one or more children are living with and one or more children28
are not living with her or him, the apportionment shall be on the pro29
rata basis of one hundred forty-six fifty-five percent to the widow or30
widower and fifty-four twenty percent divided among the children.31
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(3) If the provisions of this section should prevent payment to1
other beneficiaries of the income benefits to the full extent otherwise2
provided for, the gross remaining amount of income benefits payable to3
such other beneficiaries shall be apportioned by class, proportionate to4
the interest of each class in the remaining amount. Parents shall be5
considered to be in one class and those specified in subdivision (1)(g)6
(7) of section 48-122.01 in another class. 7
Sec. 7. Section 48-126, Reissue Revised Statutes of Nebraska, is8
amended to read: 9
48-126 (1) Wherever in the Nebraska Workers' Compensation Act the10
term wages is used, it shall be construed to mean the money rate at which11
the service rendered is recompensed under the contract of hiring in force12
at the time of the accident. 13
(2) Wages It shall not include gratuities received from the employer14
or others, nor shall it include board, lodging, or similar advantages15
received from the employer, unless the money value of such advantages16
shall have been fixed by the parties at the time of hiring, except that17
if the workers' compensation insurer shall have collected a premium based18
upon the value of such board, lodging, and similar advantages, then the19
value thereof shall become a part of the basis of determining20
compensation benefits. 21
(3) In occupations involving seasonal employment or employment22
dependent upon the weather, the employee's weekly wages shall be taken to23
be one-fiftieth of the total wages which he or she has earned from all24
occupations during the year immediately preceding the accident, unless it25
be shown that during such year, by reason of exceptional causes, such26
method of computation does not fairly represent the earnings of the27
employee. In such a case, the period for calculation shall be extended so28
far as to give a basis for the fair ascertainment of his or her average29
weekly earnings. 30
(4) In continuous employments, if immediately prior to the accident31
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the rate of wages was fixed by the day or hour or by the output of the1
employee, his or her weekly wages shall be taken to be his or her average2
weekly income for the period of time ordinarily constituting his or her3
week's work, and using as the basis of calculation his or her earnings4
during as much of the preceding six months as he or she worked for the5
same employer, except as provided in sections 48-121 and 48-122. The6
calculation shall also include be made with reference to the average7
earnings for a working day of ordinary length and exclusive of earnings8
from overtime , except that if the insurance company's policy of9
insurance provides for the collection of a premium based upon such10
overtime, then such overtime shall become a part of the basis of11
determining compensation benefits. 12
Sec. 8. Section 48-134, Reissue Revised Statutes of Nebraska, is13
amended to read: 14
48-134 (1) After an employee has given notice of an injury, as15
provided in section 48-133, and from time to time thereafter during the16
continuance of his or her disability, he or she shall, if so requested by17
the employer or the insurance company carrying such risk, submit himself18
or herself to an examination by a physician or surgeon legally authorized19
to practice medicine under the laws of the state in which he or she20
practices, furnished and paid for by the employer, or the insurance21
company carrying such risk, as the case may be. The employee shall have22
the right to have a physician provided and paid for by himself or herself23
present at the examination. The unreasonable refusal of the employee to24
submit to such examination shall deprive him or her of the right to25
compensation under the Nebraska Workers' Compensation Act during the26
continuance of such refusal, and the period of such refusal shall be27
deducted from the period during which compensation would otherwise be28
payable. 29
(2) If the employee cannot readily understand or communicate in30
English or another language spoken by the examining physician or surgeon,31
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the employer shall permit an interpreter to be present at the1
examination. The employer shall be liable for all reasonable costs of2
interpretation services related to such examination. The interpreter3
shall be selected by the employee or the employee's representative from4
the interpreter register created in Rule 6-702 of the Nebraska Supreme5
Court Rules. 6
Sec. 9. Section 48-134.01, Reissue Revised Statutes of Nebraska, is7
amended to read: 8
48-134.01 (1) The Nebraska Workers' Compensation Court may develop9
and implement an independent medical examiner system consistent with the10
requirements of this section. As part of such system, the compensation11
court by a majority vote of the judges thereof may create, maintain, and12
periodically validate a list of physicians that it finds to be the most13
qualified and to be highly experienced and competent in their specific14
fields of expertise and in the treatment of work-related injuries to15
serve as independent medical examiners from each of the health care16
specialties that the compensation court finds most commonly used by17
injured employees. The compensation court may establish a fee schedule18
for services rendered by independent medical examiners and may adopt and19
promulgate any rules and regulations considered necessary to carry out20
the purposes of this section. 21
(2) An independent medical examiner shall render medical findings on22
the medical condition of an employee and related issues as specified23
under this section. The independent medical examiner shall not be the24
employee's treating physician and shall not have treated the employee25
with respect to the injury for which the claim is being made or the26
benefits are being paid. 27
(3) If the parties to a dispute cannot agree on an independent28
medical examiner of their own choosing, the compensation court shall29
assign an independent medical examiner from the list of qualified30
examiners to render medical findings in any dispute relating to the31
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medical condition of a claimant and related issues, including, but not1
limited to, whether the injured employee is able to perform any gainful2
employment temporarily or permanently, what physical restrictions, if3
any, would be imposed on the employee's employment, whether the injured4
employee has reached maximum medical improvement, the existence and5
extent of any permanent physical impairment, the reasonableness and6
necessity of any medical treatment previously provided, or to be7
provided, to the injured employee, and any other medical questions which8
may pertain to causality and relatedness of the medical condition to the9
employment. 10
(4) The compensation court may adopt and promulgate rules and11
regulations pertaining to the procedures before the independent medical12
examiner, including the parties' ability to propound questions relating13
to the medical condition of the employee and related issues to be14
submitted to the independent medical examiner. In addition to the review15
of records and information, the independent medical examiner may examine16
the employee as often as the examiner determines necessary to render17
medical findings on the questions propounded by the parties or by the18
compensation court. 19
(5) If the employee cannot readily understand or communicate in20
English or another language spoken by the independent medical examiner,21
then an interpreter shall be present during any examination. The employer22
shall be liable for all reasonable costs of interpretation services23
related to any independent medical examination. The interpreter shall be24
selected by the employee or the employee's representative from the25
interpreter register created in Rule 6-702 of the Nebraska Supreme Court26
Rules. 27
(6) (5) The independent medical examiner shall submit a written28
report to the compensation court, the employer, and the employee stating29
the examiner's medical findings on the issues raised and providing a30
description of findings sufficient to explain the basis of those31
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findings. The fee for the examination and report shall be paid by the1
employer. 2
(7) (6) The written report of the independent medical examiner's3
findings shall be admissible in a proceeding before the compensation4
court and may be received into evidence by the compensation court on its5
own motion. 6
(8) (7) Any physician acting without malice and within the scope of7
the physician's duties as an independent medical examiner shall be immune8
from civil liability for making any report or other information available9
to the compensation court or for assisting in the origination,10
investigation, or preparation of the report or other information so11
provided. 12
Sec. 10. Original sections 48-120, 48-121.01, 48-122, 48-122.01,13
48-122.03, 48-126, 48-134, and 48-134.01, Reissue Revised Statutes of14
Nebraska, and section 48-121, Revised Statutes Cumulative Supplement,15
2024, are repealed. 16
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