48-156. Judges; quorum; powers.
211 words·~1 min read·
/ne/chapter-48/48-156A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A majority of the judges of the Nebraska Workers' Compensation Court shall constitute a quorum to adopt rules and regulations, as provided in sections 48-163 and 48-164 , to transact business, except when the statute or a rule adopted by the compensation court permits one judge thereof to act. The act or decision of a majority of the judges constituting such quorum shall in all such cases be deemed the act or decision of the compensation court, except that a majority vote of all the judges shall be required to adopt rules and regulations.
The plain and ordinary meaning of the quorum requirement of this section is that review of a disputed claim must be conducted by no less than three judges of the Workers' Compensation Court. Hagelstein v. Swift-Eckrich Div. of ConAgra, 257 Neb. 312, 597 N.W.2d 394 (1999).
Absent statutory disqualification, bias, or other cause shown, it is not prejudicial for the one judge of the Workmen's Compensation Court to serve as one of the judges of that court on rehearing. Schademann v. Casey, 194 Neb. 149, 231 N.W.2d 116 (1975).
A majority of the court as a quorum is empowered to transact business. City of Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576 (1937).