Such agreement or the election provided for in section 48-112 shall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or determination thereof than as provided in the Nebraska Workers' Compensation Act, and an acceptance of all the provisions of such act, and shall bind the employee himself or herself, and for compensation for his or her death shall bind his or her legal representatives, his or her surviving spouse and next of kin, as well as the employer, and the legal representatives of a deceased employer, and those conducting the business of the employer during bankruptcy or insolvency. For the purpose of this section, if the employer carries a policy of workers' compensation insurance, the term employer shall also include the insurer. The exemption from liability given an employer and insurer by this section shall also extend to all employees, officers, or directors of such employer or insurer, but such exemption given an employee, officer, or director of an employer or insurer shall not apply in any case when the injury or death is proximately caused by the willful and unprovoked physical aggression of such employee, officer, or director.
Notes of Decisions
Muller v. Tri-State Ins. Co. of Minnesota, 560 N.W.2d 130 (Neb. 1997).
· cites it 16× “EXCLUSIVENESS OF WORKERS' COMPENSATION REMEDY In its first assigned error, Tri-State alleges that the district court erred in concluding that the exclusive remedy provision of the Nebraska Workers' Compensation Act, Neb.Rev.Stat. § 48-111 (Reissue 1993), does not apply.”
Bennett v. Saint Elizabeth Health Sys., 729 N.W.2d 80 (Neb. 2007).
· cites it 6× “We conclude that Bennett’s medical malpractice action is barred by the exclusivity provisions of the Workers’ Compensation Act, §§ 48-111 and 48-148, and, accordingly, we affirm.”
Pettigrew v. Home Ins. Co., 214 N.W.2d 920 (Neb. 1974).
· cites it 14× “The sole issue involved herein is the construction and applicability of section 48-111, R. R. S. 1943, which reads as follows: “Such agreement or the election provided for in section 48-112 shall be a surrender by the parties thereto of their rights to any other method, form or…”
Ihm v. Crawford & Co., 580 N.W.2d 115 (Neb. 1998).
· cites it 6× “Neb. Rev. Stat. § 48-111 (Reissue 1993) further provides: Such agreement or the election provided for in section 48-112 shall be a surrender by the parties thereto of their rights to any other method, form, or amount of compensation or determination thereof than as provided in…”
Peterson v. Cisper, 436 N.W.2d 533 (Neb. 1989).
· cites it 6× “The action of the district court was based on Neb. Rev. Stat. § 48-111 (Reissue 1988), which provides that in all cases covered under the Nebraska Workers’ Compensation Act, “[t]he exemption from liability given an employer and insurer by this section shall also extend to all…”
City of Lincoln v. Steffensmeyer, 279 N.W. 272 (Neb. 1938).
· cites it 12× “In support of its contention plaintiff cites section 48-111, Comp. St. 1929, in part as follows: “Such agreement or the election hereinafter provided for shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or…”
Hofferber v. City of Hastings, 747 N.W.2d 389 (Neb. 2008).
· cites it 4× “Based upon this provision and §§ 48-111 and 48-112, we have held that if an injury arises out of and in the course of employment, the Nebraska Workers' Compensation Act is the injured employee's exclusive remedy against his or her employer) [17] Because the City is a political…”
Dutcher v. Nebraska Dept. of Corr. Servs., 979 N.W.2d 245 (Neb. 2022).
· cites it 4× “The district court concluded that the exclu- sivity provisions of the Nebraska Workers’ Compensation Act, §§ 48-111 and 48-148, barred Dutcher’s NFEPA claim as a matter of law.”
Iddings v. Mee-Lee, 919 P.2d 263 (Haw. 1996).
· cites it 2× “1975) (excepting "intentional and malicious" conduct); Neb. Rev.Stat. § 48-111 (1975) (excepting injuries "proximately caused by .”
Jackson v. Travelers Ins., 26 F. Supp. 2d 1153 (S.D. Iowa 1998).
· cites it 5× “2d at 120 , and an insurer stands in the shoes of the employer, Neb.Rev.Stat. § 48-111. It is this Court’s opinion, therefore, that Nebraska would not permit Plaintiffs to maintain their claim for intentional infliction of emotional distress.”
Plock v. Crossroads Jt. Venture, 475 N.W.2d 105 (Neb. 1991).
· cites it 2× “See Neb. Rev. Stat. § 48-111 (Reissue 1988). The Nebraska Workers’ Compensation Act is the employee’s exclusive remedy against an employer for an injury arising out of and in the course of employment.”
Kopfman v. Freedom Drilling Co., Inc., 370 N.W.2d 89 (Neb. 1985).
· cites it 4× “Whether the judgment in favor of Howard can stand depends on our resolution of appellant’s final assignment of error. Appellant suggests that Howard’s deviation from his normal route to work to refuel his vehicle removed him from the scope of his employment.”
— Neb. Rev. Stat. § 48-111(1986) — 1 case
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