48-1,102. Award or judgment; payment; procedure.
Any final, nonappealable award or judgment in favor of a claimant under sections 48-192 to 48-1,109 shall be certified by the Attorney General to the Risk Manager and to the Director of Administrative Services. The Director of Administrative Services shall promptly issue his or her warrant for payment of such award or judgment out of the Workers’ Compensation Claims Revolving Fund, if sufficient money is available in such fund, except that no portion in excess of one hundred thousand dollars of any award or judgment shall be paid until such award or judgment has been reviewed by the Legislature and specific appropriation made therefor. Notice of any portion of an award or judgment in excess of one hundred thousand dollars shall be delivered by the Risk Manager to the chairperson of the Business and Labor Committee of the Legislature at the next regular session of the Legislature convening after the date the award or judgment becomes final and nonappealable. Delivery of any warrant in satisfaction of an award or judgment shall be made only upon receipt of a written receipt by the claimant in a form provided by the Attorney General.
Source
- Laws 1971, LB 390, § 11;
- Laws 1986, LB 811, § 129;
- Laws 1994, LB 1211, § 2;
- Laws 2005, LB 13, § 31.
Annotations
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Under former law, in order to harmonize this section and sections 48-199 and 48-125 in the context of waiting-time penalties in a manner which is consistent with the overall purpose of the Nebraska Workers’ Compensation Act, the Supreme Court holds that in order to avoid assessment of a waiting-time penalty with respect to that portion of a workers’ compensation award against the State which exceeds $50,000, the State must request review and appropriation of such amount during the first legislative session following the date the award became final and must pay such amount within 30 calendar days after the approval of the appropriation by the Legislature. Soto v. State, 270 Neb. 40, 699 N.W.2d 819 (2005).
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Under former law, with respect to that portion of a workers’ compensation award against the State which exceeds $50,000, the 30-day period specified in subsection (1) of section 48-125 does not begin until the first day after the judgment becomes final on which the State could request review and appropriation pursuant to this section during a regular session of the Legislature. A waiting-time penalty may be assessed pursuant to section 48-125 if payment is not made within 30 calendar days thereafter. Soto v. State, 269 Neb. 337, 693 N.W.2d 491 (2005).