In case either party at interest refuses to accept
any final order of the Nebraska Workers' Compensation Court, such party may,
within thirty days thereafter, file with the compensation court a notice of
appeal and at the same time the notice of appeal is filed, file
with the compensation court a praecipe for a bill of exceptions. Within seven weeks from the date the notice of appeal is filed, the court reporter
or transcriber shall deliver to the clerk of the Nebraska Workers' Compensation
Court a bill of exceptions which shall include a transcribed copy of the testimony
and the evidence taken before the compensation court at the hearing, which
transcribed copy when certified to by the person who made or transcribed the
record shall constitute the bill of exceptions. The transcript and bill of
exceptions shall be paid for by the party ordering the same, except that upon
the affidavit of any claimant for workers' compensation, filed with or before
the praecipe, that he or she is without means with which to pay and unable
to secure such means, payment may, in the discretion of the compensation court,
be waived as to such claimant and the bill of exceptions shall be paid for
by the compensation court in the same manner as other compensation court expenses.
The procedure for preparation, settlement, signature, allowance, certification,
filing, and amendment of a bill of exceptions shall be regulated and governed
by rules of practice prescribed by the Supreme Court except as otherwise provided
in this section.
When a bill of exceptions has been ordered according to law and the
court reporter or transcriber fails to prepare and file the bill of exceptions
with the clerk of the Nebraska Workers' Compensation Court within seven weeks from the date the notice of appeal is filed, the Supreme Court
may, on the motion of any party accompanied by a proper showing, grant additional
time for the preparation and filing of the bill of exceptions under such conditions
as the court may require. Applications for such an extension of time shall
be regulated and governed by rules of practice prescribed by the Supreme Court.
A copy of such order granting an extension of time shall be filed with the
Nebraska Workers' Compensation Court by the party requesting such extension
within five days after the date of such order.
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1946–2024 · leading case:
Carr v. Ganz, 916 N.W.2d 437 (Neb. Ct. App. 2018).
Carr v. Ganz, 916 N.W.2d 437 (Neb. Ct. App. 2018).
· cites it 4× “Because the December 23, 2016, order was not a final, appealable order until the January 19, 2017, order *20 was entered, Carr asserts his filing of a notice of appeal on February 7 was within the 30-day requirement of Neb.”
Thompson v. Kiewit Constr. Co., 603 N.W.2d 368 (Neb. 1999).
· cites it 6× “) Section 48-182 provides, inter alia, as follows: In case either party at interest refuses to accept any final order of the Nebraska Workers’ Compensation Court on original hearing, such party may, within fourteen days thereafter, file with the compensation court an application…”
Mata v. W. Valley Packing, 462 N.W.2d 869 (Neb. 1990).
· cites it 6× “COSTS OF THIS APPEAL At the time she filed her notice of appeal from the Workers' Compensation Court, Mata filed a poverty affidavit, pursuant to Neb.Rev.Stat. § 48-182 (Reissue 1988), requesting that the cost of a transcript and bill of exceptions be waived.”
Solheim v. Hastings Hous. Co., 37 N.W.2d 212 (Neb. 1949).
· cites it 4× “Thereafter the Hastings Housing Company, the Kearney Construction Company, and the Anchor Casualty Company, pursuant to stipulation of the parties, appealed to the district court for Lancaster County, as provided for by section 48-182, R. S. 1943. They filed verified *268…”
Sherwood v. Gooch Milling & Elevator Co., 453 N.W.2d 461 (Neb. 1990).
· cites it 2× “Regarding the alleged error with respect to the awarding of transcript costs, Neb. Rev. Stat. § 48-182 (Reissue 1988) is applicable.”
Camp v. Blount Bros. Corp., 238 N.W.2d 634 (Neb. 1976).
· cites it 2× “The plaintiff attempted to appeal from this award but the appeal was dismissed in the District Court for failure to file a petition on appeal within the time required by section 48-182, R. R. S. 1943. As a result of the injury to his right foot on March 9, 1970, the plaintiff…”
Peek v. Ayres Auto Supply, 51 N.W.2d 387 (Neb. 1952).
· cites it 2× “1943, or section 48-182, R. S. 1943. Solheim v. Hastings Housing Co.”
Schmidt v. ALFALFA, 475 N.W.2d 523 (Neb. 1991).
· cites it 2× “It does not provide for an appeal to this court from the order of a single judge.”
Hamm v. Champion Manufactured Homes, 645 N.W.2d 571 (Neb. Ct. App. 2002).
· cites it 2× “The Thompson court addressed the jurisdictional question relating to the Workers’ Compensation Court and stated, “[Section] 48-179 provides for appeals from findings, orders, awards, or judgments whereas § 48-182 provides for appeals from find orders.”
Battiato v. Falstaff Brewing Corp., 323 N.W.2d 105 (Neb. 1982).
· cites it 2× “Notice of appeal from a decision on rehearing in the Workmen’s Compensation Court must be filed within 1 month of the judgment, Neb. Rev. Stat. §§ 48-182 to 48-185 (Reissue 1978) and Giangrasso v.”
Geller v. Elastic Stop Nut Corp. of Am., 23 N.W.2d 271 (Neb. 1946).
· cites it 6× “That part of section 48-182, R. S. 1943, which is applicable here, provides: “* * * within fourteen days thereafter, file with the district court * * * , a verified petition * * * , together with a transcript of the pleadings before the compensation court and the orders of such…”
Box v. Bimbo Bakeries USA, No. A-22-981 (Neb. Ct. App. Oct. 10, 2023).
· cites it 2× “” It denied Box’s request, citing Neb. Rev. Stat. § 48-182 (Reissue 2021), which provides in relevant part that: The transcript and the bill of exceptions shall be paid for by the party ordering the same, except that upon the affidavit of any claimant for workers’ compensation,…”
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