In case of personal injury, all claims for compensation shall be forever barred unless, within two years after the accident, the parties shall have agreed upon the compensation payable under the Nebraska Workers' Compensation Act, or unless, within two years after the accident, one of the parties shall have filed a petition as provided in section 48-173. In case of death, all claims for compensation shall be forever barred unless, within two years after the death, the parties shall have agreed upon the compensation under the Nebraska Workers' Compensation Act, or unless, within two years after the death, one of the parties shall have filed a petition as provided in section 48-173. When payments of compensation have been made in any case, such limitation shall not take effect until the expiration of two years from the time of the making of the last payment. In the event of legal disability of an injured employee or his or her dependent such limitation shall not take effect until the expiration of two years from the time of removal of such legal disability.
Notes of Decisions
Dawes v. Wittrock Sandblasting & Painting, Inc., 667 N.W.2d 167 (Neb. 2003).
· cites it 18× “However, since the last payment made as a result of that accident occurred in February 1998, and Dawes’ first petition was filed in March 2000, the single judge determined that any claim relating to the 1996 injury *532 was time barred by Neb. Rev. Stat. § 48-137 (Reissue 1998).…”
Foote v. O'Neill Packing, 632 N.W.2d 313 (Neb. 2001).
· cites it 24× “The parties stipulated that there was no evidence of an increase in disability or impairment from the injury since the time of the initial award.”
Snipes v. Vickers, 557 N.W.2d 662 (Neb. 1997).
· cites it 30× “It urges that the claim was filed more than 2 years after the last payment and that Neb.Rev.Stat. § 48-137 (Reissue 1993) establishes a 2-year limitation period.”
Thornton v. Grand Island Contract Carriers, 634 N.W.2d 794 (Neb. 2001).
· cites it 11× “Neb. Rev. Stat. § 48-137 (Reissue 1998) states in pertinent part: In case of personal injury, all claims for compensation shall be forever barred unless, within two years after the accident, the parties shall have agreed upon the compensation payable under the Nebraska Workers’…”
Risor v. Nebraska Boiler, 765 N.W.2d 170 (Neb. 2009).
· cites it 7× “He also rejected Nebraska Boiler's argument that under Neb.Rev.Stat. § 48-137 (Reissue 2004), Risor's claim was time barred.”
Lenz v. Cent. Parking Sys. of Neb., 288 Neb. 453 (Neb. 2014).
· cites it 16× “Determining when the statute of limitations starts under Neb. Rev. Stat. § 48-137 (Reissue 2010) presents a question of law.”
Everson v. O'KANE, 643 N.W.2d 396 (Neb. Ct. App. 2002).
· cites it 4× “David Everson appeals from the dismissal of his petition for workers’ compensation benefits from Mark O’Kane, doing business as Heartland Refrigeration, upon the basis that a claim due to an accident occurring on October 3, 1996, was barred by the 2-year statute of limitations…”
Novak v. Triangle Steel Co., 251 N.W.2d 158 (Neb. 1977).
· cites it 12× “The issue in this appeal is whether Novak's claim is barred by the provisions of section 48-137, R.R.S.1943, of the Workmen's Compensation Act.”
Williams v. Dobberstein, 157 N.W.2d 776 (Neb. 1968).
· cites it 6× “His permanent partial disability was determined to be 12 percent of the body as a whole.”
Obermiller v. Peak Interest, LLC, 764 N.W.2d 410 (Neb. 2009).
· cites it 15× “SUMMARY After an employer or its insurer has paid compensation, Neb. Rev. Stat. § 48-137 (Reissue 2004) bars an employee's claim if the employee fails to file suit within 2 years after the last payment.”
Allen v. IBP, Inc., 363 N.W.2d 520 (Neb. 1985).
· cites it 6× “The first assignment concerns Neb.Rev.Stat. § 48-137 (Reissue 1984), which reads: In case of personal injury, all claims for compensation shall be forever barred unless, within two years after the accident, the parties shall have agreed upon the compensation payable under this…”
Welke v. City of Ainsworth, 138 N.W.2d 808 (Neb. 1965).
· cites it 4× “Defendant lists 11 assignments of error, but restricts its argument to two of them: (1) Was the claimant's claim barred by the 1-year statute of limitations provided by section 48-137, R.S.Supp., 1963; and (2) did the claimant meet the burden of proving that he sustained a…”
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