(1) At the time a petition
or motion is filed, one of the judges of the Nebraska Workers' Compensation
Court shall be assigned to hear the cause. It shall be heard in the county
in which the accident occurred, except as otherwise provided in section 25-412.02
and except that, upon the written stipulation of the parties, filed with the
compensation court at least fourteen days before the date of hearing, the
cause may be heard in any other county in the state.
(2) Any such
cause may be dismissed without prejudice to a future action (a) by the plaintiff,
if represented by legal counsel, before the final submission of the case to
the compensation court or (b) by the compensation court upon a stipulation
of the parties that a dispute between the parties no longer exists.
(3) Notwithstanding
subsection (1) of this section, all nonevidentiary hearings, and any evidentiary
hearings approved by the compensation court and by stipulation of the parties,
may be heard by the court telephonically or by videoconferencing or similar
equipment at any location within the state as ordered by the court and in
a manner that ensures the preservation of an accurate record. Hearings conducted
in this manner shall be consistent with the public's access to the courts.
Notes of Decisions
Interiano-Lopez v. Tyson Fresh Meats, 883 N.W.2d 676 (Neb. 2016).
· cites it 28× “Neb. Rev. Stat. § 48-177 (Cum. Supp. 2014) gives a work- ers’ compensation plaintiff the explicit right to dismiss the cause without prejudice so long as the plaintiff is represented by counsel and requests dismissal before the final submission of the case to the court.”
Knapp v. Vill. of Beaver City, 728 N.W.2d 96 (Neb. 2007).
· cites it 15× “No further elucidation was necessary for our independent review of this issue of law. CONCLUSION For the reasons discussed, we affirm the judgment of the compensation court review panel which affirmed the order of the trial judge dismissing Knapp’s action without prejudice to…”
Fentress v. Westin, Inc., 304 Neb. 619 (Neb. 2019).
· cites it 17× “Neb. Rev. Stat. § 48-177 (Cum. Supp. 2018) is a voluntary dismissal of a case which removes the case from the compensation court’s docket.”
Grady v. Visiting Nurse Ass'n, 524 N.W.2d 559 (Neb. 1994).
· cites it 4× “In denying the plaintiff's motion, the compensation court relied upon Neb.Rev. Stat. § 48-177 (Reissue 1993). That statute provides in part: "Upon a motion for dismissal duly filed by the plaintiff, showing that a dispute between the parties no longer exists, the compensation…”
Schademann v. Casey, 231 N.W.2d 116 (Neb. 1975).
“§§ 48-177 and 48-179, R. R. S. 1943. The record here fails to show either error or prejudice.”
Adler v. Jerryco Motors, Inc., 193 N.W.2d 757 (Neb. 1972).
“the findings of fact are not supported by the evidence as disclosed by the record, and, if so found, the cause shall be considered de novo upon the record.”
Light v. Nebraska Workmen's Comp. Court, 89 N.W.2d 833 (Neb. 1958).
· cites it 4× “Issues were made and hearing was had before one judge of the compensation court pursuant to the provisions of section 48-177, R.R.S.1943. The result of that hearing was a finding "assuming, but specifically not so finding, that the plaintiff did suffer an accident as he has…”
Dyer v. Hastings Indus., Inc., 528 N.W.2d 363 (Neb. Ct. App. 1995).
· cites it 2× “Neb. Rev. Stat. § 48-177 (Reissue 1993). There is no provision in the statutes for a summary judgment motion or for a motion for judgment on the pleadings.”
— Neb. Rev. Stat. § 48-177(1) — 1 case
Fentress v. Westin, Inc., 304 Neb. 619 (Neb. 2019).
“Neb. Rev. Stat. § 48-177 (Cum. Supp. 2018) is a voluntary dismissal of a case which removes the case from the compensation court’s docket.”
— Neb. Rev. Stat. § 48-177(2) — 2 cases
Interiano-Lopez v. Tyson Fresh Meats, 883 N.W.2d 676 (Neb. 2016).
“Neb. Rev. Stat. § 48-177 (Cum. Supp. 2014) gives a work- ers’ compensation plaintiff the explicit right to dismiss the cause without prejudice so long as the plaintiff is represented by counsel and requests dismissal before the final submission of the case to the court.”
Fentress v. Westin, Inc., 304 Neb. 619 (Neb. 2019).
“Neb. Rev. Stat. § 48-177 (Cum. Supp. 2018) is a voluntary dismissal of a case which removes the case from the compensation court’s docket.”
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