23-941. Hearing rights and procedure A. Subject to section 23-947, any interested party may file a request for a hearing concerning a claim. B. A request for a hearing shall be made in writing, be signed by or on behalf of the interested party and include the interested party’s address, state that a hearing is […]
23-941.01. Settlement of claims; full and final; exception; definitions A. The interested parties to a claim may: 1. Settle and release all or any part of an accepted claim for compensation, benefits, penalties or interest. 2. If the period of temporary disability is terminated by a final notice of claim status, award of the commission […]
23-941.02. Vexatious litigants; designation; definitions A. In a workers’ compensation case before the commission, on the motion of a party, the chief administrative law judge or an administrative law judge designated by the chief administrative law judge may designate a pro se litigant a vexatious litigant. The pro se litigant shall respond within thirty days […]
23-941.03. Settlement of claims; supportive medical maintenance benefits; definition A. Any final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits is not valid and enforceable until the final settlement agreement is approved by the commission. B. The commission may approve a final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits if […]
23-942. Awards of administrative law judge; contents; disposition and effect A. On the conclusion of any hearing, or prior thereto with concurrence of the parties, the administrative law judge promptly, and not later than thirty days after the matter is submitted for decision, shall determine the matter and make an award in accordance with the […]
23-943. Decision on review A. The request for review of an administrative law judge award need only state that the party requests a review of the award. The request may be accompanied by a memorandum of points and authorities, in which event any other interested party shall have fifteen days after the date of filing […]
23-944. Effective date of orders; time for compliance; effect of orders A. General orders of the commission shall take effect within thirty days after publication. Special orders shall take effect as therein directed. B. The commission shall, upon application of any employer, grant such time as reasonably necessary for compliance with an order. A person […]
23-945. Petition for hearing on validity of order; procedure; substitution of order A. Any employer or other person interested in or affected by an order of the commission may petition for a hearing on the reasonableness and lawfulness of such order by a verified petition filed with the commission. The petition shall set forth specifically […]
23-946. Action asserting invalidity of order; limitation; venue and procedure A. Any person in interest dissatisfied with an order of the commission may within thirty days commence an action in the superior court of the county where the property, plant or place of employment affected by the order is located against the commission as defendant […]
23-946.01. Stay of court proceedings pending determination of issues by commission A. If upon the trial provided for in section 23-946, it appears that all issues arising in the action have not theretofore been presented to the commission in the petition for a hearing as to the reasonableness and lawfulness of the order, or that […]
23-947. Time within which hearing must be requested; definition A. A hearing on any question relating to a claim shall not be granted unless the employee has previously filed an application for compensation within the time and in the manner prescribed by section 23-1061 and the request for a hearing is filed within ninety days […]
23-948. Jurisdiction of actions concerning orders or petitions for writ of mandamus; right of appeal No court of this state, except the superior court, the court of appeals and the supreme court on appeal shall have jurisdiction to review, vacate, set aside, reverse, revise, correct, amend or annul any order of the commission or to […]
23-949. Effect of action concerning order; procedure to stay order The pendency of an action to set aside, vacate or amend an order of the commission shall not stay or suspend the order of the commission. During pendency of the action, the superior court may stay or suspend, in whole or in part, operation of […]
23-950. Priority of actions Actions and proceedings under this chapter and actions or proceedings to which the commission, the department of insurance and financial institutions or the state is a party in which any question arises under this chapter or concerning an award of the commission, or an order of the commission or the department […]
23-951. Writ of certiorari to review lawfulness of award, order or decision upon review; procedure A. Any party affected by an award by the commission or by a decision upon review under the provisions of section 23-943 or by an order under the provisions of section 23-237 may apply to the court of appeals for […]
23-952. Continuation of order or award pending hearing or appeal When an order or award is issued by the industrial commission awarding permanent compensation benefits, compensation shall be paid as provided in such order or award and shall not be interrupted when there is a petition for hearing or appeal to a higher court. Any […]
23-953. Notice of award; effect of petition for hearing or appeal; overpayment When a notice is issued by an insurance carrier or a self-insured employer of an award for permanent compensation benefits pursuant to section 23-1044, subsection B, these benefits shall be paid as provided in the notice of award and shall not be interrupted […]
23-954. Payment of interest on awards Interest on the payment of benefits shall be paid at a rate of interest at the lesser of ten percent per annum or a rate per annum that is equal to one percent plus the prime rate as published by the board of governors of the federal reserve system […]
