Nothing in the Nebraska Workers' Compensation Act shall affect any existing contract for employers liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement existing between employers and employees, providing for payment to such employees, their families, dependents, or representatives, sick, accident, or death benefits in addition to the compensation provided for by such act; but liability for compensation under such act shall not be reduced or affected by any insurance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer, and in addition thereto, the right to enforce in his or her own name in the manner provided in section 48-146 the liability of any insurer who may, in whole or in part, have insured the liability for such compensation. Payment in whole or in part of such compensation by either the employer or the insurer, as the case may be, shall, to the extent thereof, be a bar to recovery against the other of the amount so paid. No agreement by an employee to pay any portion of premium paid by his or her employer or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation as required by the Nebraska Workers' Compensation Act shall be valid, and any employer who makes a deduction for such purpose from the pay of any employee entitled to the benefits of such act shall be guilty of a Class II misdemeanor. Nothing in this section invalidates or prohibits agreements pursuant to subdivision (11) of section 48-115 or section 48-115.02.
Notes of Decisions
Dawes v. Wittrock Sandblasting & Painting, Inc., 667 N.W.2d 167 (Neb. 2003).
· cites it 3× “2002) provides that liability for compensation under [the Nebraska Workers’ Compensation Act] shall not be reduced or affected by any insurance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such…”
Thomas v. Omega Re-Bar, Inc., 451 N.W.2d 396 (Neb. 1990).
· cites it 6× “That section also requires that a policy contain a provision that jurisdiction of the insured (employer) shall be jurisdiction of the insurer and that the insurer shall in all things be bound by the awards, judgments, or decrees rendered against such insured.”
Nunn v. Texaco Trading & Transp., Inc., 523 N.W.2d 705 (Neb. Ct. App. 1994).
· cites it 2× “) Section 48-147 provides in part: “[Liability for compensation under [the Workers’ Compensation Act] shall not be reduced or affected by any insurance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such .”
Novotny v. City of Omaha, 299 N.W.2d 757 (Neb. 1980).
· cites it 2× “” Neb. Rev. Stat. § 48-147 (Reissue 1978) provides: “Nothing in this act shall affect any existing contract for employer’s liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement existing between employers and employees,…”
Maxey v. Fremont Dep't of Utils., 371 N.W.2d 294 (Neb. 1985).
“) § 48-147. The express language used by the Nebraska Legislature in the preceding sections clearly reveals benefits secured by an injured employee from collateral sources are not to be considered in fixing compensation under the Workmen’s Compensation Act, nor are they to…”
Duncan v. A. Hospe Co., 277 N.W. 339 (Neb. 1938).
· cites it 2× “1929, is as follows: “All settlements by agreement of the parties with the approval of the compensation commissioner and all awards of compensation made by the court, except those amounts payable periodically for six months or more, shall be final and not subject to…”
Collins v. Cas. Reciprocal Exch., 242 N.W. 457 (Neb. 1932).
· cites it 2× “Under section 48-147, Comp. St. 1929, this provision is made, namely: “Jurisdiction of the insured for the purpose of this act shall be jurisdiction of the insurer; and that the insurer shall in all things be bound by and subject to the awards, judgments or decrees rendered…”
Zurich Gen. Accident & Liab. Ins. v. Walker, 258 N.W. 550 (Neb. 1935).
· cites it 2× “” Section 48-147: “Every policy for the insurance of the compensation herein provided, or against liability thereof, shall be deemed to be made subject to the provisions of this act.”
Hill v. Hinky-Dinky Stores Co., 274 N.W. 455 (Neb. 1937).
· cites it 2× “Section 48-147, Comp. St. 1929, provides, in part: “No policy of insurance against liability arising under this act shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to same all benefits conferred by this act, and…”
Thomas v. Lincoln Pub. Schs., 622 N.W.2d 705 (Neb. Ct. App. 2001).
· cites it 2× “2d 294 (1985); Neb. Rev. Stat. § 48-147 (Cum. Supp. 2000).”
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