REGULATORY ACTIVITY:

• The Nebraska Workers' Compensation Court has activated its web-based data entry application for Diagnostic Related Group (DRG) reports. Hospitals and payors may report for themselves, or they may allow a third party to report for them.  To get more information regarding the DRG reports, go to https://www.wcc.ne.gov/programs-products-and-services/drg-reporting
• The Nebraska Workers’ Compensation Court website has been redesigned and relaunched using Google Sites for web pages, Google Forms for dynamic web forms, and Google Blogger for distribution of court news.  To visit the new web site, go to https://www.wcc.ne.gov/.

REGULATORY ACTIVITY:

• On April 19, 2018, Governor Ricketts approved LB953, which revises Neb. Rev. Stat. Section 48-139 of the Nebraska Workers' Compensation Act. Effective July 19, 2018, LB953 will impact the court's review of certain lump sum settlement applications with respect to unpaid medical expenses and consideration of Medicare's interests. To view the notice, go to https://www.wcc.ne.gov/news/nwcc_news.aspx.
• Jill Gradwohl Schroeder to assume the duties of NWCC Administrator effective July 23, 2018. Over the course of her career, Jill has participated in several law-related and community organizations, including the Nebraska State Bar Association Workers' Compensation Section (Executive Board 1993-1999); the National Alliance of Medicare Set Aside Professionals (Board of Directors 2005-2010); Leadership Lincoln (Board of Directors 2005-2009); Lincoln Bar Association (currently Chair of the Memorials Committee); and Cedars Youth Services (Board of Directors 2015 to present).

REGULATORY ACTIVITY:

• Posted notice that the Court's Statistical Report 2008-2017 is now available. This report summarizes information reported to the court by employers and insurers for work-related injuries and illnesses that occurred during calendar years 2008 through 2017, regardless of the year in which the reports were filed.  To view the report, go to https://www.wcc.ne.gov/news/nwcc_news.aspx.

REGULATORY ACTIVITY:

• Posted an announcement that Lorra O'Banion has been named Nebraska Workers' Compensation Court General Counsel. The appointment became effective on April 2, 2018.
• The Nebraska Workers' Compensation Court will be transitioning from IAIABC Claims Release 1 to IAIABC Claims Release 3.1 standard for electronic reporting of Workers' Compensation Injury and Payments.  A copy of the notice can be viewed at https://www.wcc.ne.gov/news/nwcc_news.aspx.

LEGISLATIVE ACTIONS:

Legislative Bill 953

The enacted legislation requires the Workers’ Compensation Court to approve a lump-sum settlement in cases in which (a) the employee at the time of settlement is eligible for Medicare, is a Medicare beneficiary, or has a reasonable expectation of becoming eligible for Medicare within 30 months; or (b) if medical, surgical, or hospital expenses incurred for treatment of the injury will not be fully paid as part of the settlement, if the employee’s attorney affirms that the settlement is in conformity with the compensation schedule and for the best interests of the employee or his or her dependents, under all the circumstances. It also addresses a recent Workers’ Compensation Court’s decision regarding the enforceability of late payment penalties. Currently, Neb. Rev. Stat. § 48-139(4) permits a fifty percent penalty for late payments to the employee, but the Workers' Compensation Court has found that the employee has already waived his or her rights to enforce this. LB 953 corrects this issue by making the entry of an order of dismissal a prerequisite to the discharge of a defendant from liability.  Effective Date July 18, 2018.

Legislative Bill 957

The legislation provides for certain payments by direct deposit, prepaid card, or similar electronic payment system.  It defines terms to harmonize provisions; and to repeal the original section. Effective Date July 18, 2018.

REGULATORY ACTIVITY:

• The Omaha office of the Nebraska Workers' Compensation Court will be temporarily relocated due to construction beginning Thursday March 1, 2018.  Office phone numbers will stay the same but will be unavailable from 4:00 p.m. to 5:00 p.m. on Wednesday February 28, 2018. During the four to six-week relocation period, the judges' assistants will contact parties prior to each trial and hearing with courtroom information.  Questions regarding this temporary relocation may be directed to the Office of the Clerk of the Court.  For more information regarding workers' compensation in Nebraska, please visit the court's web site at http:wcc.ne.gov, or call the court's information line at 1-800-599-5155 or 402-471-6468.

REGULATORY ACTIVITY:

• The court's revised Rules of Procedure document is available in portable document format (pdf). Amendments to the court's non-adjudicatory Rules 26 and 47 and Addendum 2 were adopted at a Dec. 13, 2017 public meeting. To view the rules, go to: http://www.wcc.ne.gov/legal/statutes.aspx#rules
• Effective Jan. 1, 2018, the mileage rate will become 54.5 cents 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.
• The court's revised Rules of Procedure are now available in portable document format (pdf). Amendments to the court's adjudicatory Rule 15 were adopted at a Dec. 13, 2017 public meeting and were approved by the Nebraska Supreme Court on Jan. 17, 2018. Amendments to the court's non-adjudicatory Rules 26, 47, and Addendum 2 were adopted at a Dec. 13, 2017 public meeting. To view the adopted rule amendments, go to https://www.wcc.ne.gov/legal/statutes.aspx.  To view a copy of the complete rules of procedure as revised go to: https://www.wcc.ne.gov/publications/rules.pdf.

REGULATORY ACTIVITY:

• A public hearing will be held December 13, 2017, 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:
  • Adopt Rule 15, Records Checked Out.
  • Amend Rule 26, Schedules of Fees for Medical, Surgical, and Hospital Services; and
  • Rule 47, Lump Sum Settlement.

Notice is also hereby given of a public meeting scheduled for December 13, 2017, immediately following the public hearing in Courtroom 1, 1010 Lincoln Mall, Suite 100, Lincoln, Nebraska, for the purpose of adopting the above-referenced revisions. The proposed rule amendments and revisions are available for inspection at the offices of the court at 1010 Lincoln Mall, Suite 100, in Lincoln, Nebraska; at 1221 ‘N’ Street, Suite 402, in Lincoln, Nebraska; at the Hall of Justice, Room 173, in Omaha, Nebraska; and may also be viewed on the court’s website at http://www.wcc.ne.gov/. Written comments may be directed to James Lillis, Public Information Officer, by mail at P.O. Box 98908, Lincoln, Nebraska, 685098908, or by email at james.lillis@nebraska.gov. Parties are encouraged to submit written comments prior to the public hearing as time for oral testimony at the hearing may be limited. Although no other items of business are contemplated or anticipated, other items may be added and if added, agendas for the public hearing and public meeting will be kept continually current and will be available for public inspection during normal working hours at the offices of the court listed above.

• Effective Jan. 1, 2018, the maximum weekly income benefit under the Nebraska Workers' Compensation Act will increase to $831.00. This amount applies to work-related injuries and illnesses occurring on or after Jan. 1, 2018.  This amount applies to work-related injuries and illnesses occurring on or after January 1, 2018.  This amount equals 100 percent of the state average weekly wage as determined by the Nebraska Workers' Compensation court.  The maximum is set according to a statutory formula.  The minimum weekly benefit remains at $49.00.

REGULATORY ACTIVITY:

• Erin N. Fox has rejoined the court to serve as its General Counsel, effective September 13, 2017.

REGULATORY ACTIVITY:

• Jackie Boesen assumed the duties of Administrator of the Nebraska Workers' Compensation Court effective July 3, 2017. Until the position of General Counsel is filled, Jackie will continue to serve as the court's General Counsel. As Administrator, Jackie will serve as the chief administrative officer for the court and the primary liaison between the Presiding Judge and administrative and operational functions of the court. The Administrator is also charged with implementing and enforcing the various administrative and regulatory provisions of the Nebraska Workers' Compensation Act, and serves as liaison to the Nebraska Legislature.
• CHI Health Creighton University Medical Center Bergan Mercy has now provided the court with the necessary information to complete the DRG and Trauma Services Inpatient Hospital fee schedules.
• Judge Hoffert was elected Presiding Judge of the Nebraska Workers' Compensation Court at the biennial meeting of the court's judges on June 29, 2017. The appointment was approved by the Nebraska Supreme Court on July 21, 2017.

REGULATORY ACTIVITY:

• Jackie Boesen assumed the duties of Acting Administrator of the Nebraska Workers' Compensation Court Effective June 2, 2017. Jackie, who will continue to serve in her role as the court's General Counsel, replaces Tamra Walz, who has recently resigned.
• The Department of Insurance has finalized Rule Title 230 Chapter 3 Regulation for Professional Employer Organization Registration Act.  The rules became effective on June7, 2017.