Neb. Rev. Stat. » Chapter 48
Nebraska Revised Statutes

Neb. Rev. Stat. § 48-172 (2026)

Compensation court; no filing fees; exceptions; costs; when allowed

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Except as provided in sections 48-138 and 48-139, there shall be no filing fees charged by the Nebraska Workers' Compensation Court. When a reasonable attorney's fee is allowed the employee against the employer as provided in section 48-125, the compensation court shall further assess against the employer as costs of the employee the cost of depositions if admitted into evidence and may further assess against the employer the fees and mileage for necessary witnesses attending the proceedings at the instance of the employee. Both the necessity for the witness and the reasonableness of the fees shall be approved by the compensation court. Such witnesses shall be reimbursed for their necessary mileage at the rate provided in section 81-1176.

Notes of Decisions
Cited in 7 cases, 1939–1997 · leading case: Inserra v. Vill. Inn Pancake House, 247 N.W.2d 625 (Neb. 1976).
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Inserra v. Vill. Inn Pancake House, 247 N.W.2d 625 (Neb. 1976). · cites it 6× “The applicable statute on the taxation of costs by the Nebraska Workmen’s Compensation Court is section 48-172, R. R. S. 1943, which provides: “Each applicant for an order or an award by the Nebraska Workmen’s Compensation Court shall pay all the expense of his own making;…”
Sherwood v. Gooch Milling & Elevator Co., 453 N.W.2d 461 (Neb. 1990). · cites it 3× “With respect to expert witness fees, Neb. Rev. Stat. § 48-172 (Reissue 1988) is applicable.”
Anstine v. State, Dep't of Banking & Receivership Div., 288 N.W. 525 (Neb. 1939). · cites it 2× “” Section 48-172, Comp. St. Supp. 1937, reads: “All disputed claims for workmen’s compensation shall be submitted to the Nebraska workmen’s compensation court for a finding, award, order or judgment.”
Varela v. Fisher Roofing Co., 567 N.W.2d 569 (Neb. Ct. App. 1997). · cites it 4× “Varela also assigns error in the failure to award costs against Fisher and Union under Neb. Rev. Stat. § 48-172 (Reissue 1993). STANDARD OF REVIEW Findings of fact made by the Workers’ Compensation Court trial judge are not to be disturbed upon appeal to a review panel unless…”
Mulder v. Minnesota Mining & Mfg. Co., 361 N.W.2d 572 (Neb. 1985). · cites it 4× “Prior to the 1983 amendment to Neb. Rev. Stat. § 48-172 (Reissue 1984), the statute did not contain a specific provision regarding witness fees.”
Surratt v. Otoe Food Prods. Co., 21 N.W.2d 862 (Neb. 1946). · cites it 4× “g forth the time within which action may be instituted, is as follows: “In case of personal injury, all claim for compensation shall be forever barred unless, within one year after the accident, the parties shall have agreed upon the compensation payable under this act, or…”
Elwood v. Panhandle Concrete Co., 463 N.W.2d 622 (Neb. 1990). · cites it 2× “We also agree with Elwood that he should be allowed compensation for his costs, as required by Neb. Rev. Stat. § 48-172 (Reissue 1988), which provides in part: When a reasonable attorney’s fee is allowed the employee against the employer as provided in section 48-125, the…”
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