REGULATORY ACTIVITY:

• The Nebraska Workers’ Compensation Court has activated its web-based data entry application for Diagnostic Related Group (DRG) reports Hospitals and payers may report for themselves , or they may allow a third party to report for them.  Section 48-120.04 of the Nebraska Worker’s Compensation Act requires covered hospitals, workers’ compensation insurers, self-insured employers, and risk management pools to report claim and stop-loss threshold counts by Diagnostic Related Group (DRG) to the court. Recent changes to the reporting statute also require reporters to identify bills that dealt with trauma services. Hospitals and payors may report for themselves, or they may allow a third party to report for them.  To view this notice, go to https://www.wcc.ne.gov/home/court-news.

REGULATORY ACTIVITY:

• The Nebraska Workers’ Compensation Court congratulates Allen Kassebaum upon his induction into the Central States Association Hall of Fame at its 2019 Spring Seminar in Madison, Wis. on June 20 (https://twitter.com/IAIABC/status/1141786581445074947). The Central States Association is an association of jurisdictional workers’ compensation agencies from the central region of the U.S., including Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. Allen has been an active participant in Central States Association activities since 2005 and has twice served as that organization’s president and vice president. Allen currently manages the Nebraska Workers’ Compensation Court’s Regulatory Programs section, which is responsible for the medical services, compliance (including electronic data interchange), and self-insurance programs of the court.
• Announced the publication of an updated statistical report.  The report Statistical Report, 2009-2019 summarizes information reported to the Nebraska Workers’ Compensation Court by employers and insurers for work-related injuries and illnesses that occurred during calendar years 2009 through 2018, regardless of the year in which the reports were filed. To view the report, go to https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/statistical-reports/cy-2009-2018-statistical-report.

REGULATORY ACTIVITY:

• On May 15, 2019, the Nebraska Workers’ Compensation Court transitioned its Electronic Data Interchange (EDI) system to Release 3.1. Effective as of May 15^th, the court will no longer accept data using the Release 1.0 format. For approximately eight days on and after May 15, trading partners should expect a longer than usual time between transmissions of data to the court and return of an acknowledgement from the court. The court will receive, and process all submitted reports using Release 3.1 format during the transition process. In order to ensure the long-term success of the transition to Release 3.1, additional analysis and testing of the system by the court will take place on and after May 15. Acknowledgements for reports submitted between May 15 and May 22 may not be available until May 23. The court will return acknowledgements in the usual form and manner once the court has confirmed the transition process has been successfully completed. To view this announcement, go to https://nwccedi.info/news.
• The 2017 Nebraska Survey of Occupational Injuries and Illnesses and Nebraska Census of Fatal Occupational Injuries are now available (https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/bureau-of-labor-statistics-reports).
• The Nebraska Workers’ Compensation Court’s revised Rules of Procedure are now available (https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/rules-of-procedure). Amendments to Rules 2, 3, 47, and Addendum 2 were adopted at a public meeting on April 11, 2019. Non-adjudicatory Rule 47 and Addendum 2 became effective April 11, 2019. Adopted amendments to adjudicatory Rules 2 and 3 became effective May 8, 2019, following review and approval by the Nebraska Supreme Court.  Please note that newly adopted and approved summary judgment procedures are contained in Rule 3, E. If there are any questions regarding summary judgment procedures, please call the court’s Information Line at 402-471-6468 or 800-599-5155 (toll free) and ask to speak with the Clerk’s Office.  To view this notice, go to https://www.wcc.ne.gov/home/court-news.  

REGULATORY ACTIVITY:

• On April 11, 2019 the Workers' Compensation Court adopted amendments to Rules 2, 3, 47 and addendum 2.  Rule 47 and Addendum 2 became effective April 11, 2019.  Adopted amendments to Rules 2 and 3 will become effective only upon review and approval of the Nebraska Supreme Court. To view this notice, go to https://www.wcc.ne.gov/home/court-news.

REGULATORY ACTIVITY:

• Posted a vocational rehabilitation meeting announcement and results of the January 25, 2019 meeting on their web site.  The next meeting of the vocational rehabilitation counselors is set for April 12, 2019.  To view the meeting notice and results of the January 25th meeting, go to https://sites.google.com/wcc.ne.gov/nwcc/home/vr-meetings/vr-2019-01-25-meeting-results.

• Notice is hereby given of a public hearing scheduled for April 11, 2019, beginning at 9:30 a.m., in Courtroom 1, 1010 Lincoln Mall, Suite 100, Lincoln, Nebraska, for the purpose of accepting testimony regarding the adoption of revised Rules of Procedure in accordance with NEB. REV. STAT. § 48-163 and Rule 68 of the Workers’ Compensation Court Rules of Procedure, specifically: Amend Rule 2, Filings; Rule 3, Pleadings; Rule 47, Lump Sum Settlement; and Addendum 2, U.S. Life Table. Notice is also hereby given of a public meeting scheduled for April 11, 2019, immediately following the public hearing in Courtroom 1, 1010 Lincoln Mall, Suite 100, Lincoln, Nebraska, for the purpose of adopting the above-referenced revisions.  To view the notice, agenda, and proposed rules, go to https://www.wcc.ne.gov/home/public-hearings-and-public-meetings.
• NWCC has posted the Nebraska EDI Claims Release 3.1, Version 1.1 EDI Requirement Tables that are immediately available for download at https://nwccedi.info/.  You will find the updated tables under the “EDI Requirements” links on the left-hand side of the page.  To view the notice, go to https://nwccedi.info/news.
• With ongoing delays of U.S. Postal Service deliveries in the wake of recent flooding, the Nebraska Workers’ Compensation Court is taking steps to ensure that filings and other communications will continue to be received and delivered in a timely manner (https://www.wcc.ne.gov/home/court-news/2019-3-news).  To view this notice, go to https://www.wcc.ne.gov/home/court-news.

REGULATORY ACTIVITY:

• The Nebraska Workers’ Compensation Court’s revised Rules of Procedure are now available (https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/rules-of-procedure). Amendments to the court’s adjudicatory Rule 2 was adopted at a December 20, 2018 public meeting and approved by the Nebraska Supreme Court on January 23, 2019. Amendments to the court’s non-adjudicatory Rules 26, 47, and 50 were adopted at a December 20, 2018 public meeting. To view the rules, go to https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/rules-of-procedure.
• The Nebraska Workers’ Compensation Court has released enhancements to its eFiling system. Electronic Service (eService) is now available and appeal pleadings can now be eFiled (https://www.wcc.ne.gov/home/court-news/2019-1-news).  Rule 2,D was amended effective January 23, 2019 to allow for these enhancements (https://supremecourt.nebraska.gov/sites/default/files/rule_amendments/WCC2Amds.pdf).
• Daily processing of Electronic Data Interchange (EDI) batch files by the Nebraska Workers’ Compensation Court is temporarily suspended. This will result in delays in the court’s acknowledgements that EDI trading partner data has been received and processed. EDI Trading Partners should continue submitting their data transactions as usual, as we expect to resume daily processing within the next 48 hours.

REGULATORY ACTIVITY:

• Effective Jan. 1, 2019, the mileage rate will become $0.58 per mile for travel to seek medical treatment or while participating in a vocational rehabilitation plan. This conforms to the reimbursement rate paid to State of Nebraska employees.
• A recording of the recent Nebraska Workers’ Compensation Court Electronic Data Interchange Release 3.1 informational webinar is now available for online viewing.  To view the webinar, go to https://nwccedi.info/news.

FEE SCHEDULE NEWS:

• The state has adopted a new medical fee schedule and new Inpatient DRG/Trauma hospital rates with an effective date of January 1, 2019. The next update is expected in January 2020.

REGULATORY ACTIVITY:

• Effective January 1, 2019, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act increased to $855.00. This amount applies to work-related injuries and illnesses occurring on or after January 1, 2019.
• Has published Fiscal Year 2018 Case Summaries. To access the summaries, go to https://www.wcc.ne.gov/legal-practice-statutes-and-rules/appellate-court-decisions.
• Amendments to Rules 26, 47, and 50 were adopted at a public meeting on December 20, 2018.  Rule 26 became effective January 1, 2019. Rules 47 and 50 became effective December 20, 2018. Adopted amendments to Rule 2 became effective only upon review and approval of the Nebraska Supreme Court. To view the adopted rules, go to https://www.wcc.ne.gov/home/public-hearings-and-public-meetings.

REGULATORY ACTIVITY:

• Please submit requests for records maintained by the Nebraska Workers’ Compensation Court to our online record request form: https://www.wcc.ne.gov/information-for-the-public/record-requests. Such requests may also be faxed to 402-471-2700, sent by postal mail to Nebraska Workers’ Compensation Court, P.O. Box 98908, Lincoln NE 68509-8908, or delivered to our street address in person or by delivery service (UPS, FedEx, etc.) to Nebraska Workers’ Compensation Court, 1221 N Street, Suite 402, Lincoln, NE 68508. Requests may include injury and payment reports, pleadings, vocational rehabilitation records, insurance coverage records, workers' compensation-related statistics, and other records maintained by the Nebraska Workers’ Compensation Court.
• Effective January 1, 2019, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $855.00. This amount applies to work-related injuries and illnesses occurring on or after January 1, 2019. To view the notice, go to https://www.wcc.ne.gov/legal-practice-statutes-and-rules/benefit-rates/benefits-news-release.
• Posted notice of a public meeting to be held on December 20, 2018 at 9:30 a.m. in Courtroom 1 at 1010 Lincoln Mall, Suite 100, Lincoln, Nebraska, for the purpose of accepting testimony regarding adoption of revised rules of procedure in accordance with Neb. Rev. Stat. Section 48-163 and Rule 68 of the Workers' Compensation Court Rules of Procedure.  To view the notice, go to https://www.wcc.ne.gov/home/public-hearings-and-public-meetings/notice-of-public-hearing-and-public-meeting.   To view the agenda, go to  https://www.wcc.ne.gov/home/public-hearings-and-public-meetings/agenda-of-public-hearing-and-public-meeting.  To view a copy of the proposed amended rule, go to https://www.wcc.ne.gov/home/public-hearings-and-public-meetings/proposed-rule-amendments.

REGULATORY ACTIVITY:

• The Vocational Rehabilitation meeting announcement and results of the 4/20/2018 meeting are now available.  To view the announcements and results of the 4/20/2018 meeting, go to https://www.wcc.ne.gov/home/vr-meetings
• In advance of its transition to a new electronic reporting release standard, the Nebraska Workers' Compensation Court has launched a new website for its Electronic Data Interchange (EDI) trading partners.  The website will provide information needed by trading partners to prepare and test their claims processing systems to ensure that they will be in compliance with the new release standard when it is launched in May of 2019.   The website can be viewed at https://nwccedi.info/ .
• The Vocational Rehabilitation quarterly meeting scheduled for 11/02/2018 has been cancelled. The schedule of quarterly meetings for 2019 is now available.  To view this notice, go to https://www.wcc.ne.gov/home/court-news.  To view the 2019 schedule, go to https://www.wcc.ne.gov/home/vr-meetings.  The next informal meeting between court staff and certified vocational rehabilitation service providers is tentatively scheduled for Friday, January 25, 2019, 10:00 AM, at the Nebraska Workers’ Compensation Court’s Administrative Offices, 1221 ‘N’ Street, Suite 402, in Lincoln.