(1) For injuries occurring before December 1, 1997:
(a) If an employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, which is or is likely to be a hindrance or obstacle to his or her obtaining employment or obtaining reemployment if the employee should become unemployed and which was known to the employer prior to the occurrence of a subsequent compensable injury, receives a subsequent compensable injury resulting in additional permanent partial or in permanent total disability so that the degree or percentage of disability caused by the combined disabilities is substantially greater than that which would have resulted from the last injury, considered alone and of itself, and if the employee is entitled to receive compensation on the basis of the combined disabilities, the employer at the time of the last injury shall be liable only for the degree or percentage of disability which would have resulted from the last injury had there been no preexisting disability. For the additional disability, the employee shall be compensated out of the Workers' Compensation Trust Fund. If the subsequent compensable injury of such an employee shall result in the death of the employee and it shall be determined that the death would not have occurred except for such preexisting permanent partial disability, the employer shall pay the compensation benefits prescribed by this subsection for a period not exceeding three hundred twenty-five weeks, and for any compensation benefits payable after such period of three hundred twenty-five weeks, the dependents shall be compensated out of the fund.
(b) In order to qualify under this subsection, the employer must establish by written records that the employer had knowledge of the preexisting permanent partial disability at the time that the employee was hired or at the time the employee was retained in employment after the employer acquired such knowledge.
(c) As used in this subsection, preexisting permanent partial disability shall mean any preexisting permanent condition, whether congenital or the result of injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed. No condition shall be considered a preexisting permanent partial disability under this subsection unless it would support a rating of twenty-five percent loss of earning power or more or support a rating which would result in compensation payable for a period of ninety weeks or more for disability for permanent injury as computed under subdivision (3) of section 48-121.
(2) Any money in the Second Injury Fund on July 1, 2000, shall be transferred to the Workers' Compensation Trust Fund.
Notes of Decisions
Lucas v. Anderson Ford, 689 N.W.2d 354 (Neb. Ct. App. 2004).
· cites it 12× “02(8), clearly provides in part: "When a claim is made by or against the [Trust Fund] pursuant to section 48-128 the State of Nebraska shall be impleaded as a party plaintiff or defendant, as the case may require, and when so impleaded as a defendant service shall be had upon…”
Miller v. E.M.C. Ins. Companies, 610 N.W.2d 398 (Neb. 2000).
· cites it 11× “However, the trial court found that Miller had presented evidence which satisfied the requirements of Neb. Rev. Stat. § 48-128 (Reissue 1993) and apportioned liability to the Fund.”
Picard v. P & C Grp. 1, 306 Neb. 252 (Neb. 2020).
· cites it 11× “We granted further review in order to determine whether Nebraska law permits the apportionment of workers’ compensation awards outside of Neb. Rev. Stat. § 48-128 (Reissue 2010). On further review, we affirm in part, and in part reverse and remand with directions.”
Norris v. Iowa Beef Processors, Inc., 402 N.W.2d 658 (Neb. 1987).
· cites it 21× “Payment from the Second Injury Fund is governed by Neb. Rev. Stat. § 48-128 (Reissue 1984), which provides in part: If an employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, which is or is likely to be a hindrance or obstacle…”
Akins v. Happy Hour, Inc., 306 N.W.2d 914 (Neb. 1981).
· cites it 22× “The relevant statute is Neb.Rev.Stat. § 48-128 (Reissue 1978). The relevant portion of that statute provides: "If an employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, which is or is likely to be a hindrance or obstacle to…”
Ashland-Greenwood Pub. Schs. v. Thorell, 723 N.W.2d 506 (Neb. Ct. App. 2006).
· cites it 27× “Ashland-Greenwood asserts that because it retained Thorell in its employment after having knowledge of his preexisting permanent disability, the Trust Fund bears part of the responsibility for such permanent total disability payments under Neb. Rev. Stat. § 48-128 (Reissue…”
Franzen v. Blakley, 52 N.W.2d 833 (Neb. 1952).
· cites it 18× “This is an action to recover benefits under the pro *623 vision of section 48-128, R. S. Supp., 1951, the second-injury provision of the Workmen’s Compensation Act.”
Camp v. Blount Bros. Corp., 238 N.W.2d 634 (Neb. 1976).
· cites it 11× “At the time of the second accident, September 1, 1970', the compensation act provided that if an employee receives an injury which of itself would cause only partial disability, but which combined with a previous disability other than one caused by disease does in fact cause…”
Sherard v. Bethphage Mission, Inc., 464 N.W.2d 343 (Neb. 1991).
· cites it 7× “§ 48-128 (Reissue 1988), which, pertinent to this appeal, provides: *903 If an employee who has a preexisting permanent partial disability whether from compensable injury or otherwise, which is or is likely to be a hindrance or obstacle to his or her obtaining employment or…”
Crouch v. Goodyear Tire & Rubber Co., 582 N.W.2d 356 (Neb. 1998).
· cites it 14× “Goodyear and Travelers Insurance, Goodyear’s workers’ compensation insurer, filed a general denial and a third-party petition against the Fund, which, pursuant to Neb. Rev. Stat. § 48-128 (Reissue 1993), may be responsible for paying a portion of a workers’ compensation award in…”
Eichorn v. Eichorn Trucking, Inc., 532 N.W.2d 345 (Neb. Ct. App. 1995).
· cites it 21× “The rehearing panel, again reasoning that the Second Injury Fund must be dismissed, construed Neb. Rev. Stat. § 48-128 (Reissue 1988). In pertinent part, that statute provides: No condition shall be considered a preexisting permanent partial disability under this section unless…”
— Neb. Rev. Stat. § 48-128(1) — 2 cases
Crouch v. Goodyear Tire & Rubber Co., 582 N.W.2d 356 (Neb. 1998).
“Goodyear and Travelers Insurance, Goodyear’s workers’ compensation insurer, filed a general denial and a third-party petition against the Fund, which, pursuant to Neb. Rev. Stat. § 48-128 (Reissue 1993), may be responsible for paying a portion of a workers’ compensation award in…”
— Neb. Rev. Stat. § 48-128(1)(a) — 1 case
Lucas v. Anderson Ford, 689 N.W.2d 354 (Neb. Ct. App. 2004).
“02(8), clearly provides in part: "When a claim is made by or against the [Trust Fund] pursuant to section 48-128 the State of Nebraska shall be impleaded as a party plaintiff or defendant, as the case may require, and when so impleaded as a defendant service shall be had upon…”
— Neb. Rev. Stat. § 48-128(1)(b) — 2 cases
— Neb. Rev. Stat. § 48-128(2) — 5 cases
Crouch v. Goodyear Tire & Rubber Co., 582 N.W.2d 356 (Neb. 1998).
“Goodyear and Travelers Insurance, Goodyear’s workers’ compensation insurer, filed a general denial and a third-party petition against the Fund, which, pursuant to Neb. Rev. Stat. § 48-128 (Reissue 1993), may be responsible for paying a portion of a workers’ compensation award in…”
— Neb. Rev. Stat. § 48-128(3) — 2 cases
Crouch v. Goodyear Tire & Rubber Co., 582 N.W.2d 356 (Neb. 1998).
“Goodyear and Travelers Insurance, Goodyear’s workers’ compensation insurer, filed a general denial and a third-party petition against the Fund, which, pursuant to Neb. Rev. Stat. § 48-128 (Reissue 1993), may be responsible for paying a portion of a workers’ compensation award in…”
— Neb. Rev. Stat. § 48-128(l)(b) — 3 cases
Ashland-Greenwood Pub. Schs. v. Thorell, 723 N.W.2d 506 (Neb. Ct. App. 2006).
“Ashland-Greenwood asserts that because it retained Thorell in its employment after having knowledge of his preexisting permanent disability, the Trust Fund bears part of the responsibility for such permanent total disability payments under Neb. Rev. Stat. § 48-128 (Reissue…”
— Neb. Rev. Stat. § 48-128(l)(c) — 1 case
Ashland-Greenwood Pub. Schs. v. Thorell, 723 N.W.2d 506 (Neb. Ct. App. 2006).
“Ashland-Greenwood asserts that because it retained Thorell in its employment after having knowledge of his preexisting permanent disability, the Trust Fund bears part of the responsibility for such permanent total disability payments under Neb. Rev. Stat. § 48-128 (Reissue…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.