FEE SCHEDULE NEWS:

• A new medical fee schedule has been adopted with an effective date of January 1, 2018. The fee schedule is based on 2018 CPT codes, descriptions, modifiers and the National Correct Coding Initiative as established by Centers for Medicare and Medicaid Services.  New conversion factors have been adopted.  The next update is scheduled for January 2019.
• The state has also adopted changes to Inpatient DRG/Trauma hospital rates with an effective date of January 1, 2018. The next update is expected in January 2019.

REGULATORY ACTIVITY:

• Nebraska held a public hearing on December 13, 2017 regarding adopting Rule 15 and amending rule 26 and 47.

REGULATORY ACTIVITY:

• Posted a notice regarding Nebraska Workers' Compensation Court Trials, hearings, Filings and Deliveries.  To view the notice, go to https://www.wcc.ne.gov/home/court-news/2020-7-news
• A message to attorneys regarding trials in the Nebraska Workers’ Compensation Court; Posted: 10 Jun 2020 12:33 PM PDT. Counsel:  This email is intended as a courtesy request from me (the presiding judge) to you (the frequently practicing attorneys in our court). As you all know, trials are being conducted in traditional fashion now. In other words, trials are being held live and in person rather than by video (unless video is requested and ordered by the trial judge).  Despite this return to live trials, things are still not normal. One challenge this court faces is access to courtrooms outside of Lincoln and Omaha. As you know, jury trials were suspended in most (if not all) counties. Counties are trying to play catch up now, leading to lack of access to some courthouses outside of Douglas and Lancaster counties. To be clear, we have been able to reserve a courtroom in some courthouses outside of Douglas and Lancaster counties, but this can vary from day to day and county to county. So, what I am asking of you as practicing attorneys in our court is to think about those upcoming trials you have in venues outside of Lincoln and Omaha. At least seven days before the trial date, ask yourself: Is this case ready for trial or is it clear a continuance is going to be needed? If you and opposing counsel agree that a continuance is needed, please contact the judicial assistant of the trial judge, and inform her that a continuance will be requested. This saves our court time trying to find a courtroom.  Is my client willing to move this trial to Lincoln or Omaha if there is not a courtroom available in the county courthouse where the case is venued? Discuss this possibility with your client and opposing counsel. Please let the judicial assistant know if the parties are willing to move the trial to another county in the event there is no access to the venued courthouse.  Is my client willing to move this trial to a nearby venue if there is not a courtroom available in the county courthouse where the case is venued? Discuss this possibility with your client and opposing counsel. You will need to work with the judicial assistant to see what courthouses are available.     Is my client willing to conduct the trial by video? We use Google Meet for our video platform. It is simple and the clerk will test with everyone to ensure connectivity. You will need a computer, laptop, tablet, or smartphone with a camera and microphone. Not all parties have to appear by video. Discuss the options with your client and opposing counsel.  We are trying to return our normal procedure as much as possible. In some cases, it is still not feasible. I ask for your cooperation and assistance to make this easier for everyone involved, including your clients. If you have any questions on access to county courthouses, please contact the judicial assistant or the clerk of the court.  To view this message, go to https://nebraskawcc.blogspot.com/.
• The Division of Industrial Relations of the Department of Business and Industry hereby adopts the Actuarial Annuity Table, pursuant to NRS 616C.495 (5), effective July 1, 2020.  A copy of the Actuarial Annuity Table as adopted is attached hereto. To view this notice and the attached table, go to http://dir.nv.gov/WCS/Important/

REGULATORY ACTIVITY:

• Issued an administrative order regarding trials and evidentiary hearings in June.  To view the order, go to https://www.wcc.ne.gov/home/court-news.

REGULATORY ACTIVITY:

• The Nebraska Workers’ Compensation Court has issued an Order stating that all trials and evidentiary hearings scheduled in May 2020 will be conducted by video teleconference or by telephone. However, the parties to the trials and hearings scheduled for May 18 and after may file a motion requesting that these be held in person, either in Douglas or Lancaster County. To view the notice, go to https://www.wcc.ne.gov/home/court-news.
• The Nebraska Supreme Court has issued a new administrative order regarding novel coronavirus and COVID-19 disease. During this time, please eFile with the Nebraska Workers’ Compensation Court as much as possible. Please contact us for assistance in setting up eFiling at 402-471-6468 or 800-599-5155 (toll free). The Clerk's Office is willing to provide training or other assistance to anyone who needs it.  To view this notice, go to https://www.wcc.ne.gov/home/court-news.

REGULATORY ACTIVITY:

• New audience-oriented website format: Posted: 05 Mar 2020: Our website has been reorganized for use by different audiences. Workers, employers, and others can find their information in one or two clicks.  Most “bookmarked” links to our website will no longer work. We hope the new format will help offset this issue. Future content updates should not impact your bookmarks.  We welcome your feedback about the website.  To view the new website, go to https://www.wcc.ne.gov/.
• Published a message from the Presiding Judge regarding Nebraska Workers' Compensation Court's operations during the CONVID-19 pandemic.  To view this message, go to https://www.wcc.ne.gov/home/court-news.

REGULATORY ACTIVITY:

• The Nebraska Workers’ Compensation Court Electronic Data Interchange (EDI) Claims Release 3.1 tables have been updated with changes identified as Version 1.3. For more information, please visit our EDI website (https://nwccedi.info/news).

REGULATORY ACTIVITY:

• Effective January 1, 2020, the mileage rate will become $0.575 per mile for travel to seek medical treatment or while participating in an approved vocational rehabilitation plan. This conforms to the reimbursement rate paid to State of Nebraska employees. See related news release (https://www.wcc.ne.gov/legal-practice-statutes-and-rules/benefit-rates/mileage-rate-news-release).
• 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). An amendment 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 22, 2020. Amendments to Rules 26, 29, 30, 47, and Addenda 2 and 3 were adopted at a public meeting on December 18, 2019.

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, 2020. The next update is expected in January 2021.

REGULATORY ACTIVITY:

•  Released the Fiscal Year 2019 Annual Report. To view the report, go to https://www.wcc.ne.gov/information-for-the-public/court-forms-and-publications/annual-reports.
• Posted notice of adoption of amendments to Rules 2, 26, 29, 30, 47, and Addenda 2 and 3 were adopted at a public meeting on December 18, 2019. Non-adjudicatory Rules 26, 29, 30, 47, and Addenda 2 and 3 became effective December 18, 2019. Adopted amendments to adjudicatory Rule 2 will become effective only upon review and approval by the Nebraska Supreme Court. (https://www.wcc.ne.gov/home/public-hearings-and-public-meetings ) To view this notice, go to https://www.wcc.ne.gov/home/court-news 

REGULATORY ACTIVITY:

• Posted proposed amendments to workers' compensation rules.  The rules proposed to be amended are Rule 2, 26, 29, 30 and 47 also amend addendum 2 and addendum 3.  A copy of the proposed rules can be viewed at https://www.wcc.ne.gov/home/public-hearings-and-public-meetings/proposed-rule-amendments.
• Effective January 1, 2020, the maximum weekly income benefit under the Nebraska Workers’ Compensation Act will increase to $882.00. This amount applies to work-related injuries and illnesses occurring on or after January 1, 2020.  To view this notice, go to https://www.wcc.ne.gov/legal-practice-statutes-and-rules/benefit-rates/benefits-news-release.

REGULATORY ACTIVITY:

• The Nebraska Workers’ Compensation Court confirms the requirements set out in Nebraska’s Electronic Data Interchange (EDI) Claims Release 3.1, Version 1.2 have been effective since August 26, 2019.