Recent Case Law

Nebraska Workers' Compensation Decisions of Note

 

Brown v. Harbor Financial Mortgage Corp., 267 Neb. 218, 673 NW2d 35 (January 9, 2004)

 
Facts:  Plaintiff suffered a work accident and injury on October 28, 1999.  On August 28, 2002, the trial court entered an award ordering defendants to pay disability benefits.  On September 25, 2002, a check was processed in the amount of $39,079.58 representing the payment of workers' compensation benefits owed pursuant to the award.  The check was dated September 25, 2002 and the envelope containing the check was addressed to appellee's counsel and was postmarked on September 26, 2002.  The check was received on September 30, 2002.  Plaintiff thereafter filed a motion pursuant to §48-125, seeking an assessment of waiting-time penalties claiming she received the check more than 30 days after the entry of the award.  The trial court found that the plaintiff was entitled to "receive" payment under §48-101, and that those payments were delinquent under §48-125 if not received within 30 days of the award.  Trial court concluded that defendant's payment was delinquent and awarded a waiting time penalty in the amount of $19,539.79 plus attorney fees.  Review Panel affirmed.  Defendant appealed.

 
Issue:  Whether the payment was delinquent under §48-125(1).

 
Rule:  Assessment of waiting-time penalties was not warranted against employer, where payment of workers' compensation owed was not sent after 30 days from the date of the award, and thus payment was not delinquent.

 
Holding/Reasoning:  The court found that the specific provisions of §48-125 rather than the general language of 48-101 governed and that the lower courts' reliance upon §48-101 was in error.  Court found that the phrase "such payments" contained in the second sentence of §48-125(1) refers to all "amounts of compensation" provided for in the first sentence of the statute, and held that compensation "sent" within 30 days is not delinquent.  Court held that because the envelope was postmarked September 26, 2002, the payment at issue was not "sent" after 30 days from the date of the award and was not delinquent.  Court further noted that the envelope was sent with sufficient postage by mail and was properly addressed.  Reversed.