Throughout the Nebraska Workers' Compensation Act, the following
words and phrases shall be considered to have the following meaning, respectively,
unless the context clearly indicates a different meaning in the construction
used:
(1) Physician means any person licensed to practice medicine
and surgery, osteopathic medicine, chiropractic, podiatry, or dentistry in
the State of Nebraska or in the state in which the physician is practicing;
(2) Accident means an unexpected or unforeseen injury happening
suddenly and violently, with or without human fault, and producing at the
time objective symptoms of an injury. The claimant has the burden of proof
to establish by a preponderance of the evidence that such unexpected or unforeseen
injury was in fact caused by the employment. There is no presumption from
the mere occurrence of such unexpected or unforeseen injury that the injury
was in fact caused by the employment;
(3) Occupational disease means only a disease which is due
to causes and conditions which are characteristic of and peculiar to a particular
trade, occupation, process, or employment and excludes all ordinary diseases
of life to which the general public is exposed;
(4) Injury and personal injuries mean only violence to the
physical structure of the body and such disease or infection as naturally
results therefrom and personal
injuries described in section 48-101.01. The terms include disablement
resulting from occupational disease arising out of and in the course of the
employment in which the employee was engaged and which was contracted in such
employment. The terms include an aggravation of a preexisting occupational
disease, the employer being liable only for the degree of aggravation of the
preexisting occupational disease. The terms do not include disability or death
due to natural causes but occurring while the employee is at work and do not
include an injury, disability, or death that is the result of a natural progression
of any preexisting condition;
(5) Death, when mentioned as a basis for the right to compensation,
means only death resulting from such violence and its resultant effects or
from occupational disease;
(6) Without otherwise affecting either the meaning or the
interpretation of the abridged clause, personal injuries arising out of and
in the course of employment, it is hereby declared not to cover workers except
while engaged in, on, or about the premises where their duties are being performed
or where their service requires their presence as a part of such service at
the time of the injury and during the hours of service as such workers, and
not to cover workers who on their own initiative leave their line of duty
or hours of employment for purposes of their own. Property maintained by an
employer is considered the premises of such employer for purposes of determining
whether the injury arose out of employment;
(7) Willful negligence consists of (a) a deliberate act,
(b) such conduct as evidences reckless indifference to safety, or (c) intoxication
at the time of the injury, such intoxication being without the consent, knowledge,
or acquiescence of the employer or the employer's agent;
(8) Intoxication includes, but is not limited to, being under
the influence of a controlled substance not prescribed by a physician;
(9) Prospective loss costs means prospective loss costs as
defined in section 44-7504 and prepared, filed, or distributed by an advisory
organization which has been issued a certificate of authority pursuant to
section 44-7518;
(10) Client
means client as defined in section 48-2702;
(11) Professional employer organization
means professional employer organization as defined in section 48-2702;
(12) Multiple
coordinated policy means multiple coordinated policy as defined in section 48-2702;
(13) Master policy means master policy as defined in section 48-2702;
and
(14) Whenever in the Nebraska
Workers' Compensation Act the singular is used, the plural is considered included;
when the masculine gender is used, the feminine is considered included.
Notes of Decisions
Vencil v. Valmont Industries, Inc. (1991)
neb · cites it 34×
“We therein held that the compensability of a condition resulting from the cumulative effects of repeated work-related trauma is to be tested under the definition of accident contained in Neb. Rev. Stat. § 48-151 (2) (Reissue 1988).”
Risor v. Nebraska Boiler (2009)
neb · cites it 11×
“" [52] Under § 48-151(2), an injured worker must satisfy three elements to prove an injury is the result of an accident: (1) The injury must be unexpected or unforeseen, (2) the accident must happen suddenly and violently, and (3) the accident must produce at the time objective…”
Schlup v. Auburn Needleworks, Inc. (1992)
neb · cites it 20×
“Under Neb. Rev. Stat. § 48-151 (2) (Reissue 1988), an accident is defined as “an unexpected or unforeseen injury happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury.”
Heiliger v. Walters & Heiliger Electric, Inc. (1990)
neb · cites it 10×
“Neb. Rev. Stat. § 48-151 (2) (Reissue 1988) provides that in all workers’ compensation cases, an “accident” shall mean “an unexpected or unforeseen injury happening suddenly and violently .”
Vonderschmidt v. Sur-Gro & Tri-State Insurance (2001)
neb · cites it 12×
“The Court of Appeals concluded that Vonderschmidt did not sustain his burden of proof that he suffered an accident within the meaning of Neb. Rev. Stat. § 48-151 (2) (Reissue 1998), *557 reversed the Workers’ Compensation Court review panel’s affirmance of the trial judge’s…”
Frank v. a & L INSULATION (1999)
neb · cites it 16×
“Gilíes’ statement that Frank’s injuries “are consistent with someone who has been a heavy laborer” to hold that she was unable to say whether Frank’s injuries were caused by his work at A & L. In a workers’ compensation case, the plaintiff must establish by a preponderance of…”
Maroulakos v. Walmart Assocs., Inc. (2018)
neb · cites it 6×
“[3] The Nebraska Workers’ Compensation Act provides that when an employee suffers personal injury caused by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation from his or her employer if the…”
Dawes v. Wittrock Sandblasting & Painting, Inc. (2003)
neb · cites it 4×
“The Legislature has not *540 only acquiesced in our interpretation of Neb. Rev. Stat. § 48-151 (Supp. 1999) regarding repetitive trauma injuries, but has declined the express invitation of a majority of this court to consider and amend our interpretation.”
Potter v. McCulla (2014)
neb · cites it 8×
“The phrase “sud- denly and violently” as used in Neb. Rev. Stat. § 48-151 (2) (Reissue 2004) does not mean “instantaneously and with force,” but, rather, requires only that the injury manifest at an identifiable point in time.”
— Neb. Rev. Stat. § 48-151(2) — 41 cases
Maroulakos v. Walmart Assocs., Inc. (2018)
neb
“[3] The Nebraska Workers’ Compensation Act provides that when an employee suffers personal injury caused by accident or occupational disease, arising out of and in the course of his or her employment, such employee shall receive compensation from his or her employer if the…”
Heiliger v. Walters & Heiliger Electric, Inc. (1990)
neb
“Neb. Rev. Stat. § 48-151 (2) (Reissue 1988) provides that in all workers’ compensation cases, an “accident” shall mean “an unexpected or unforeseen injury happening suddenly and violently .”
Schlup v. Auburn Needleworks, Inc. (1992)
neb
“Under Neb. Rev. Stat. § 48-151 (2) (Reissue 1988), an accident is defined as “an unexpected or unforeseen injury happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury.”
Frank v. a & L INSULATION (1999)
neb
“Gilíes’ statement that Frank’s injuries “are consistent with someone who has been a heavy laborer” to hold that she was unable to say whether Frank’s injuries were caused by his work at A & L. In a workers’ compensation case, the plaintiff must establish by a preponderance of…”
Vonderschmidt v. Sur-Gro & Tri-State Insurance (2001)
neb
“The Court of Appeals concluded that Vonderschmidt did not sustain his burden of proof that he suffered an accident within the meaning of Neb. Rev. Stat. § 48-151 (2) (Reissue 1998), *557 reversed the Workers’ Compensation Court review panel’s affirmance of the trial judge’s…”
— Neb. Rev. Stat. § 48-151(3) — 12 cases
Risor v. Nebraska Boiler (2009)
neb
“" [52] Under § 48-151(2), an injured worker must satisfy three elements to prove an injury is the result of an accident: (1) The injury must be unexpected or unforeseen, (2) the accident must happen suddenly and violently, and (3) the accident must produce at the time objective…”
Vencil v. Valmont Industries, Inc. (1991)
neb
“We therein held that the compensability of a condition resulting from the cumulative effects of repeated work-related trauma is to be tested under the definition of accident contained in Neb. Rev. Stat. § 48-151 (2) (Reissue 1988).”
Schlup v. Auburn Needleworks, Inc. (1992)
neb
“Under Neb. Rev. Stat. § 48-151 (2) (Reissue 1988), an accident is defined as “an unexpected or unforeseen injury happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury.”
— Neb. Rev. Stat. § 48-151(4) — 14 cases
Risor v. Nebraska Boiler (2009)
neb
“" [52] Under § 48-151(2), an injured worker must satisfy three elements to prove an injury is the result of an accident: (1) The injury must be unexpected or unforeseen, (2) the accident must happen suddenly and violently, and (3) the accident must produce at the time objective…”
— Neb. Rev. Stat. § 48-151(5) — 1 case
— Neb. Rev. Stat. § 48-151(6) — 2 cases
— Neb. Rev. Stat. § 48-151(7) — 2 cases
— Neb. Rev. Stat. § 48-151(7)(a) — 1 case
— Neb. Rev. Stat. § 48-151(7)(b) — 1 case
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.