Recent Case Law

Nebraska Workers' Compensation Decisions of Note

 

Dukes v. University of Nebraska, 12 Neb. App. 539, 679 NW2d 249 (May 18, 2004)

 
Facts:  Plaintiff suffered a work accident and injury to his right arm and hand on April 5, 1994.  On March 6, 1998 plaintiff and defendant entered into a lump sum settlement agreement settling plaintiff's permanency claim regarding the member disability, and leaving his body as a whole claim to be dealt with at a later time.  On July 17, 2000, plaintiff filed a petition alleging he suffered psychological injury as a result of the accident and was permanently and totally disabled. The trial court found plaintiff was permanently and totally disabled as a result of his psychiatric condition and awarded plaintiff benefits.  In its award the trial court awarded defendant a credit for the lump-sum payment.  Plaintiff appealed as to the credit and the Review Panel affirmed.

 
Issue:  Whether the trial court erred in granting defendant a credit for the prior lump-sum payment.

 
Rule:  Workers' compensation statutes do not allow for a credit to be given to an employee when the parties have entered into a lump-sum settlement for one injury and have reserved the dispute on another alleged injury that happened at the same time.

 
Holding/Reasoning:  On appeal, the court reviewed the language of §§ 48-139, 48-140 and 48-141 and held that the language indicated that all lump-sum settlements are "final."  The court further held that the statutory language of these statutes also indicated that not only can these settlements not be modified in the future, but also that such settlements cannot be considered when determining future workers' compensation awards. Therefore, the court held that the review panel erred when it affirmed the trial court's determination that defendant was entitled to a credit for the lump-sum payment made on plaintiff's member injury.