Nebraska Revised Statutes

Neb. Rev. Stat. § 48-161 (2026)

Disputed claims; submission to court required; court; jurisdiction of ancillary issues

✓ current as of July 2026
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All disputed claims for workers' compensation shall be submitted to the Nebraska Workers' Compensation Court for a finding, award, order, or judgment. Such compensation court shall have jurisdiction to decide any issue ancillary to the resolution of an employee's right to workers' compensation benefits, except that jurisdiction with respect to income withholding pursuant to the Income Withholding for Child Support Act shall be as provided in such act, jurisdiction with respect to garnishment for support shall be as provided in sections 25-1009 to 25-1056 and 43-512.09, and jurisdiction with respect to administrative attachment and bank matching shall be as provided in sections 43-3328 to 43-3339.

Notes of Decisions
Cited in 15 cases, 1956–2019 · leading case: Bower v. Eaton Corp., 301 Neb. 311 (Neb. 2018).
Bower v. Eaton Corp., 301 Neb. 311 (Neb. 2018). · cites it 6× “*270 Still, Bower asserts that his alleged contractual obligation to reimburse Eaton's insurer for payments under a private disability policy is "ancillary" to resolution of his workers' **337 compensation claim and within the compensation court's jurisdiction pursuant to Neb.…”
Schweitzer v. Am. Nat'l Red Cross, 591 N.W.2d 524 (Neb. 1999). · cites it 7× “Absent any other allegations, a determination of employee status under the Act is ordinarily sufficient for the district court to end its analysis and dismiss a purported negligence suit. However, Schweitzer argues that notwithstanding the fact that her negligence suit is based…”
Midwest Pms v. Olsen, 778 N.W.2d 727 (Neb. 2010). · cites it 6× “" [11] In response, the Legislature amended § 48-161, abrogating Thomas and adopting the dissenters' language that the Workers' Compensation Court "shall have jurisdiction to decide any issue ancillary to the resolution of an employee's right to workers' compensation benefits.”
Allen v. Immanuel Med. Ctr., 767 N.W.2d 502 (Neb. 2009). · cites it 9× “Her argument rests primarily on § 48-141 and Neb.Rev.Stat. § 48-161 (Reissue 2004), two provisions of the Nebraska Workers' Compensation Act.”
Risor v. Nebraska Boiler, 744 N.W.2d 693 (Neb. 2008). · cites it 2× “16 While, under § 48-161, the compensation court may determine the existence of insurance, such jurisdiction is not exclusive.”
Thomas v. Omega Re-Bar, Inc., 451 N.W.2d 396 (Neb. 1990). · cites it 4× “Section 48-161 provides that "[a]ll disputed claims for workers' compensation shall be submitted to the Nebraska Workers' Compensation Court for a finding, *399 award, order, or judgment.”
Kruid v. Farm Bureau Mut. Ins. Co., 770 N.W.2d 652 (Neb. Ct. App. 2009). · cites it 6× “Thus, until the 1990 amendment, only the district court had jurisdiction of issues of insurance coverage pursuant to its general grant of jurisdiction under Neb.”
Davis v. Crete Carrier Corp., 725 N.W.2d 562 (Neb. Ct. App. 2006). · cites it 2× “The *246 Appellants asserted that the compensation court had jurisdiction pursuant to Neb. Rev. Stat. § 48-161 (Reissue 2004) to decide any issue ancillary to the resolution of Davis’ right to compensation benefits, including the issues raised by the Appellants in their motion…”
ITT Hartford v. Rodriguez, 543 N.W.2d 740 (Neb. 1996). · cites it 3× “In concluding that it lacked subject matter jurisdiction, the district court relied on Neb. Rev. Stat. § 48-161 (Reissue 1993), which provides in pertinent part: “All disputed claims for workers’ compensation shall be submitted to the [compensation court] for a finding, award,…”
Nerison v. Nat'l Fire Ins. Co., 757 N.W.2d 21 (Neb. Ct. App. 2008). · cites it 4× “The review panel concluded accordingly that Nerison did not comply with a mandatory requirement to elect to bring himself within the provisions of the Nebraska Workers' Compensation Act. The review panel then reviewed the trial judge's findings with respect to Nerison's claims…”
Curtice v. Baldwin Filters Co., 543 N.W.2d 474 (Neb. Ct. App. 1996). · cites it 3× “Neb. Rev. Stat. § 48-161 (Reissue 1993) provides in part: “All disputed claims for workers’ compensation shall be submitted to the Nebraska Workers’ Compensation Court for a finding, award, order, or judgment.”
Fid. & Cas. Co. of Ny v. Kennard, 75 N.W.2d 553 (Neb. 1956). · cites it 2× “1943, provides may be done by either party, * * Section 48-161, R. R. S. 1943, provides: “All disputed claims for workmen’s compensation shall be submitted to the Nebraska Workmen’s Compensation Court for a finding, award, order or judgment.”
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