All
amounts paid by an employer or by an insurance company carrying such risk,
as the case may be, and received by the employee or his or her dependents
by lump-sum payments pursuant to section 48-139 shall be final and not subject to readjustment if the lump-sum settlement
is in conformity with the Nebraska Workers' Compensation Act, unless the settlement
is procured by fraud, but the amount of any agreement or award
payable periodically may be modified as follows: (1) At any time by agreement
of the parties with the approval of the Nebraska Workers' Compensation Court;
or (2) if the parties cannot agree, then at any time after six months from
the date of the agreement or award, an application may be made by either party
on the ground of increase or decrease of incapacity due solely to the injury
or that the condition of a dependent has changed as to age or marriage or
by reason of the death of the dependent. In such case, the same procedure
shall be followed as in sections 48-173 to 48-185 in case of disputed claim
for compensation.
Notes of Decisions
Cited in
75
cases (
3 in the last 5 years), 1931–2024 · leading case:
Foote v. O'Neill Packing, 632 N.W.2d 313 (Neb. 2001).
Foote v. O'Neill Packing, 632 N.W.2d 313 (Neb. 2001).
· cites it 11× “*471 We held that claims for medical expenses filed more than 2 years after the last payment of compensation were barred by § 48-137 in the absence of evidence of a material increase in the claimant’s disability which would permit the claimant to seek an increase in benefits…”
Parks v. Hy-Vee, 307 Neb. 927 (Neb. 2020).
· cites it 7× “Hy-Vee classifies the further award as a modification order pursuant to Neb. Rev. Stat. § 48-141 (2) (Reissue 2010).”
Moss v. C&A Indus., 25 Neb. Ct. App. 877 (Neb. Ct. App. 2018).
· cites it 18× “The court stated that Kirkland could recover benefits for a right knee injury"if he can prove his right knee injury / condition stems from his compensable left leg injury, low back injury, neck injury or hip injury" and if he proves the requirements for a modification under Neb.…”
Thornton v. Grand Island Contract Carriers, 634 N.W.2d 794 (Neb. 2001).
· cites it 7× “In Snipes , we held that claims for medical expenses filed more than 2 years after the last payment of compensation were barred by § 48-137 in the absence of evidence of a material increase in the claimant’s disability, which would permit the claimant to seek an increase in…”
Green v. Drivers Mgmt., Inc., 639 N.W.2d 94 (Neb. 2002).
· cites it 6× “The only Nebraska Workers’ Compensation Act provisions that permit a judge to modify or change previously issued orders are Neb. Rev. Stat. §§ 48-141 and 48-180 (Reissue 1998).”
Bronzynski v. Model Elec., Inc., 707 N.W.2d 46 (Neb. Ct. App. 2005).
· cites it 6× “We agree with the review panel and find that the trial court erred in finding an increase in incapacity and, therefore, in awarding an increase in permanent partial disability benefits.”
Davis v. Crete Carrier Corp., 725 N.W.2d 562 (Neb. Ct. App. 2006).
· cites it 12× “The review panel stated: The [Appellants] maintain that they are only required to pay 300 weeks of benefits and that the effective method to terminate a running award of benefits pursuant to Neb. Rev. Stat. § 48-141 has been satisfied by the stipulation and order of the parties…”
Fay v. Dowding, Dowding & Dowding, 623 N.W.2d 287 (Neb. 2001).
· cites it 6× “Section 48-141 permits, inter alia, the Workers’ Compensation Court to modify an award “on the ground of increase or decrease of incapacity due solely to the injury.”
Sheldon-Zimbelman v. Bryan Mem'l Hosp., 604 N.W.2d 396 (Neb. 2000).
· cites it 8× “411, 414 , 558 N.W.2d 40, 43 (1997). We have previously held that the only authority the Workers’ Compensation Court possesses to modify orders or awards is that provided by Neb.”
Davis v. Crete Carrier Corp., 740 N.W.2d 598 (Neb. 2007).
· cites it 10× “4 The Court of Appeals held that the November 1993 order, based upon the stipulation of the parties, modified the duration of the prior award and that, therefore, no specific application was necessary because the award was modified by agreement of the parties as set forth in…”
— Neb. Rev. Stat. § 48-141(1) — 1 case
— Neb. Rev. Stat. § 48-141(2) — 7 cases
Parks v. Hy-Vee, 307 Neb. 927 (Neb. 2020).
“Hy-Vee classifies the further award as a modification order pursuant to Neb. Rev. Stat. § 48-141 (2) (Reissue 2010).”
Sheldon-Zimbelman v. Bryan Mem'l Hosp., 604 N.W.2d 396 (Neb. 2000).
“411, 414 , 558 N.W.2d 40, 43 (1997). We have previously held that the only authority the Workers’ Compensation Court possesses to modify orders or awards is that provided by Neb.”
Fay v. Dowding, Dowding & Dowding, 623 N.W.2d 287 (Neb. 2001).
“Section 48-141 permits, inter alia, the Workers’ Compensation Court to modify an award “on the ground of increase or decrease of incapacity due solely to the injury.”
Moss v. C&A Indus., 25 Neb. Ct. App. 877 (Neb. Ct. App. 2018).
“The court stated that Kirkland could recover benefits for a right knee injury"if he can prove his right knee injury / condition stems from his compensable left leg injury, low back injury, neck injury or hip injury" and if he proves the requirements for a modification under Neb.…”
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