Release of Liability Procedures
Neb. Rev. Stat. § 48-139(1)(a) lists the factors that determine whether a Lump Sum Settlement Application must be submitted to the Worker’s Compensation Court for review, or whether the parties may submit a Release of Liability (release). A release cannot be filed if:
- The employee is not represented by counsel;
- The employee, at the time the settlement is executed, is eligible for Medicare, is a Medicare beneficiary, or has a reasonable expectation of becoming eligible for Medicare within 30 months after the date the settlement is executed;
- Medical, surgical, or hospital expenses incurred for treatment of the injury have been paid by Medicaid and Medicaid will not be reimbursed as part of the settlement;
- Medical, surgical, or hospital expenses incurred for treatment of the injury will not be fully paid as part of the settlement; or
- The settlement seeks to commute amounts of compensation due to dependents of the employee.
A $15.00 filing fee must be included with the release.
If the case has not previously been assigned a docket number, an Addendum 3 must be submitted with the release.
Section 48-139(4) of the Act requires an order of dismissal to be entered on all cases in which a release of liability is filed. Also, Rule 47(J) requires the parties to file a receipt, satisfaction, or joint stipulation for dismissal on all such cases.
The receipt, satisfaction, or joint stipulation for dismissal does not need to accompany the release of liability and can be filed after the employer has made payment to the employee. Upon filing of the receipt, satisfaction, or joint stipulation for dismissal, the parties must submit a proposed order of dismissal to the clerk’s office as an email attachment to email@example.com.
The receipt, satisfaction, or joint stipulation for dismissal cannot be accepted via email. These filings must be submitted in paper format via regular mail (U.S. Postal Service), delivery (personal delivery, FedEx, UPS, etc.), or facsimile (FAX). The proposed order is the only document accepted via email attachment. Such attachment must be provided in either editable Microsoft Word format (*.doc or *.docx) or Rich-Text Format (*.rtf).