48-162.03. Compensation court; motions; powers.

292 words·~1 min read·/ne/chapter-48/48-162-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The Nebraska Workers' Compensation Court or any judge thereof may rule upon any motion addressed to the court by any party to a suit or proceeding, including, but not limited to, motions for summary judgment or other motions for judgment on the pleadings but not including motions for new trial. Several objects may be included in the same motion, if they all grow out of or are connected with the action or proceeding in which it is made.

(2)Parties to a dispute which might be the subject of an action under the Nebraska Workers' Compensation Act may file a motion for an order regarding the dispute without first filing a petition.

(3)If notice of a motion is required, the notice shall be in writing and shall state:

(a)The names of the parties to the action, proceeding, or dispute in which it is to be made;

(b)the name of the judge before whom it is to be made;

(c)the time and place of hearing; and

(d)the nature and terms of the order or orders to be applied for. Notice shall be served a reasonable time before the hearing as provided in the rules of the compensation court.

Under subsection

(1)of this section, the Nebraska Workers' Compensation Court has authority to rule on a motion for default judgment. Cruz-Morales v. Swift Beef Co., 275 Neb. 407, 746 N.W.2d 698 (2008).

The compensation court may rule upon any motion addressed to the court by any party to a suit or proceeding, including, but not limited to, motions for summary judgment or other motions for judgment on the pleadings but not including motions for new trial. Yost v. Davita, Inc., 23 Neb. App. 482, 873 N.W.2d 435 (2015).