Any appeal from the judgment of the
Nebraska Workers' Compensation Court shall be prosecuted and the procedure, including the designation
of parties, handling of costs and the amounts thereof, filing of briefs, certifying
the opinion of the Supreme Court or decision of the Court of Appeals to the
compensation court, handling of the bill of exceptions, and issuance of the
mandate, shall be in accordance with the general laws of the state and procedures
regulating appeals in actions at law from the district courts except as otherwise
provided in section 48-182 and this section. The proceedings to obtain a reversal,
vacation, or modification of judgments, awards, or final orders made by the
compensation court shall be by filing in the office of the clerk of the Nebraska
Workers' Compensation Court, within thirty days after the entry of such judgment,
decree, or final order, a notice of appeal signed by the appellant or his or her
attorney of record. No motion for a new trial shall be filed. An appeal shall
be deemed perfected and the appellate court shall have jurisdiction of the
cause when such notice of appeal shall have been filed in the office of the
clerk of the Nebraska Workers' Compensation Court, and after being so perfected
no appeal shall be dismissed without notice, and no step other than the filing
of such notice of appeal shall be deemed jurisdictional. The clerk of the
Nebraska Workers' Compensation Court shall forthwith forward a certified copy
of such notice of appeal to the Clerk of the Supreme Court, whereupon the
Clerk of the Supreme Court shall forthwith docket such appeal. Within thirty
days after the date of filing of notice of appeal, the clerk of the Nebraska
Workers' Compensation Court shall prepare and file with the Clerk of the Supreme
Court a transcript certified as a true copy of the proceedings contained therein.
The transcript shall contain the judgment, decree, or final order sought to
be reversed, vacated, or modified and all pleadings filed with such clerk.
Neither the form nor the substance of such transcript shall affect the jurisdiction
of the appellate court. Such appeal shall be perfected within thirty days
after the entry of judgment by the compensation court, the cause shall be
advanced for argument before the appellate court, and the appellate court
shall render its judgment and write an opinion, if any, in such cases as speedily
as possible. The judgment made by the compensation court shall have the same force and effect
as a jury verdict in a civil case. A judgment, order, or award of the compensation
court may be modified, reversed, or set aside only upon the grounds that (1)
the compensation court acted without or in excess of its powers, (2) the judgment,
order, or award was procured by fraud, (3) there is not sufficient competent
evidence in the record to warrant the making of the order, judgment, or award,
or (4) the findings of fact by the compensation court do not support the order
or award.
Notes of Decisions
Interiano-Lopez v. Tyson Fresh Meats, 883 N.W.2d 676 (Neb. 2016).
· cites it 3× “STANDARD OF REVIEW [1] Pursuant to Neb. Rev. Stat. § 48-185 (Cum. Supp. 2014), an appellate court may modify, reverse, or set aside a Workers’ Compensation Court decision only when (1) the compensa- tion court acted without or in excess of its powers; (2) the judgment, order, or…”
Nichols v. Fairway Bldg. Prods., 884 N.W.2d 124 (Neb. 2016).
· cites it 6× “Pursuant to Neb. Rev. Stat. § 48-185 (Cum. Supp. 2014), an appellate court may modify an award of the compensation court when there is not sufficient competent evidence in the record to support the award.”
Eddy v. Builders Supply Co., 304 Neb. 804 (Neb. 2020).
· cites it 3× “STANDARD OF REVIEW [1] Pursuant to Neb. Rev. Stat. § 48-185 (Cum. Supp. 2018), an appellate court may modify, reverse, or set aside a Workers’ Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or…”
Tchikobava v. Albatross Express, 876 N.W.2d 610 (Neb. 2016).
· cites it 3× “STANDARDS OF REVIEW [1,2] Pursuant to Neb. Rev. Stat. § 48-185 (Cum. Supp. 2014), an appellate court may modify, reverse, or set aside a Workers’ Compensation Court decision only when (1) the compensation court acted without or in excess of its powers; (2) the judgment, order,…”
Harmon v. Irby Constr. Co., 604 N.W.2d 813 (Neb. 1999).
· cites it 8× “(Liberty), appeal the review panel's decision affirming the trial judge's award of permanent total disability benefits and the trial judge's finding that Harmon's refusal to relocate did not constitute a failure to comply with his vocational rehabilitation plan. Harmon…”
Wynne v. Menard, Inc., 299 Neb. 710 (Neb. 2018).
· cites it 2× “CONCLUSION The compensation court erred in weighing the evidence with respect to Wynne's motion for summary judgment. Accordingly, we reverse the entry of summary judgment and remand the cause for further proceedings.”
Bower v. Eaton Corp., 301 Neb. 311 (Neb. 2018).
· cites it 2× “STANDARD OF REVIEW Under Neb. Rev. Stat. § 48-185 (Cum. Supp. 2016), the judgment made by the compensation court shall have the same force and effect as a jury verdict in a civil case and may be modified, reversed, or set aside only upon the grounds that (1) the compensation…”
Pearson v. Lincoln Tel. Co., 513 N.W.2d 361 (Neb. Ct. App. 1994).
· cites it 10× “Pearson relies upon Neb. Rev. Stat. § 48-185 (Cum. Supp. 1992), which provides: “The judgment made by the compensation court after review shall have the same force and effect as a jury verdict in a civil case.”
Larson Ex Rel. Larson v. Hometown Commc'ns, Inc., 540 N.W.2d 339 (Neb. 1995).
· cites it 8× “SCOPE OF REVIEW A judgment, order, or award of the compensation court may be modified, reversed, or set aside only upon the grounds that (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or award was procured by fraud; (3) there is not…”
Gifford v. AG Lime, Sand & Gravel Co., 187 N.W.2d 285 (Neb. 1971).
· cites it 16× “Section 48-185, R. R. S. 1943, and its predecessors since 1935, have provided for appeals from the district court to this court in workmen’s compensation cases.”
— Neb. Rev. Stat. § 48-185(3) — 3 cases
Larson Ex Rel. Larson v. Hometown Commc'ns, Inc., 540 N.W.2d 339 (Neb. 1995).
“SCOPE OF REVIEW A judgment, order, or award of the compensation court may be modified, reversed, or set aside only upon the grounds that (1) the compensation court acted without or in excess of its powers; (2) the judgment, order, or award was procured by fraud; (3) there is not…”
— Neb. Rev. Stat. § 48-185(4) — 1 case
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