Nebraska Workers' Compensation Court

Nebraska Workers' Compensation Court
State Seal of Nebraska
Established1935
JurisdictionNebraska
LocationLincoln and Omaha, Nebraska
Composition methodMissouri Plan
Authorised byNebraska Revised Statutes
Appeals toNebraska Court of Appeals
Number of positions6
WebsiteOfficial Website
Presiding Judge
CurrentlyJulie A. Martin[1]
SinceJuly 1, 2025
Lead position endsJune 30, 2027

The Nebraska Workers' Compensation Court is a court in the U.S. state of Nebraska with exclusive jurisdiction over workers' compensation disputes.

History

The Workers' Compensation Court was established in 1935 by the Nebraska Legislature as the Workmen's Compensation Court with three judges. The court was given exclusive original jurisdiction over claims arising under the state's workers' compensation laws, and the state's district courts were originally given appellate jurisdiction over the compensation court's decisions.[2] While other judges in the state were elected at the time, judges on the compensation court were appointed by the Governor to renewable six-year terms, and no more than two members of the court could be members of the same political party. Originally, one judge was designated as a representative of employers, one as a representative of workers, and only one was required to be an attorney.[3]

In 1963, the Legislature required that future judges appointed to the court to be attorneys, with the same qualifications as district court judges.[4] In 1965, the Legislature added a fourth judge and lengthened the term of office to eight years.[5] The Legislature reverted to six-year terms in 1967, adopted the Missouri Plan for members of the court,[6] which resulted in the creation of a judicial nominating commission for the court and a requirement that judges run in nonpartisan retention elections every six years.[7]

The Legislature expanded the court to five judges in 1975 and provided that appeals would be heard by the Nebraska Supreme Court, not district courts.[8] In 1983, the court was expanded to six judges.[9] In 1986, the court's name was changed to the Workers' Compensation Court.[10] In 1988, over Governor Kay Orr's veto, the Legislature increased the size of the court to seven judges,[11] but reduced it to six judges in 2023, with the Business and Labor Committee citing a reduced workload.[12] In 1991, Judge Laureen K. Van Norman, appointed by Governor Ben Nelson, became the first woman to serve as a judge on the court.[13]

Organization and jurisdiction

When a claim is filed, one of the six judges is assigned to hear the claim in the county in which it was filed and renders a decision on the claim.[14] Following a change to the workers' compensation system in 2011, either party may appeal directly to the Court of Appeals, though some cases are reheard by three-judge panels.[15]

The court administers the Workers' Compensation Court Trust Fund, "reviews qualifications of employers who want to be self-insured," and is responsible for "certifying vocational rehabilitation providers, administering the medical, surgical and hospital fee schedules, providing the independent medical examiner system, certifying managed care plans, creating publications and providing informal dispute resolution."[16]

The members of the court elect a Presiding Judge on July 1 of every odd-numbered year to serve a two-year term, which must be approved by the Supreme Court. The presiding judge "rule[s] on all matters submitted to the compensation court," with the exception of the initial hearings.[17] The Presiding Judge also appoints a clerk and administrator of the court.[18]

Members

Current members of the Nebraska Workers' Compensation Court[19]
Judge Took office Appointed by Law school Retained
Julie A. Martin, Presiding Judge December 23, 2014 Dave Heineman (R) Creighton 2018, 2024
John R. Hoffert October 4, 2001 Mike Johanns (R) Nebraska 2004, 2010, 2016, 2022
Thomas E. Stine September 13, 2011 Dave Heineman (R) South Dakota 2014, 2020
Daniel R. Fridrich September 18, 2012 Dave Heineman (R) Nebraska 2016, 2022
Dirk V. Block December 8, 2016 Pete Ricketts (R) Creighton 2020
Brynne Holsten Puhl April 24, 2024 Jim Pillen (R) Nebraska n/a

References

  1. ^ "Annual Report: Fiscal Year 2025" (PDF). Nebraska Workers' Compensation Court. 2025. Retrieved January 4, 2026.
  2. ^ Domina, David A. (1972). "Appellate Review of Workmen's Compensation Cases in Nebraska". Nebraska Law Review. 51 (4): 638–39.
  3. ^ "Workmen's Compensation Legislation in the United States and Canada, 1935". Monthly Labor Review. 42 (5): 1254. 1936. JSTOR 41820069.
  4. ^ "Amended State Aid Measure Is Advanced". The Grand Island Independent. February 21, 1963. p. 10. Retrieved January 4, 2026 – via Newspapers.com.
  5. ^ Herman, Dick (December 2, 1965). "Spirit of Law Violated? Craft Raises Question On Court Appointee". Lincoln Evening Journal. p. 1. Retrieved January 4, 2026 – via Newspapers.com.
  6. ^ "About Two of Every Three Bills Introduced in 1967 Nebraska Legislature Are Now in the Books". Omaha World-Herald. July 30, 1967. p. 6-B. Retrieved January 4, 2026 – via Newspapers.com.
  7. ^ Sittig, Robert (1984). "The Judiciary". In Miewald, Robert D. (ed.). Nebraska Government and Politics. Lincoln, Nebraska: University of Nebraska Press. pp. 92–94.
  8. ^ "Senator Protests Lobbying". Omaha World-Herald. April 23, 1975. p. 31. Retrieved January 4, 2026 – via Newspapers.com.
  9. ^ Krajicek, David J. (July 10, 1983). "Women May Be Next for Major Judgeships". Omaha World-Herald. p. 1-B. Retrieved January 4, 2026 – via Newspapers.com.
  10. ^ "Lawmakers pass bill that makes workmen's comp workers' comp". Lincoln Journal. March 14, 1986. p. 1. Retrieved January 4, 2026 – via Newspapers.com.
  11. ^ "Lawmakers override several vetoes". The Grand Island Independent. April 9, 1988. p. 1. Retrieved January 4, 2026 – via Newspapers.com.
  12. ^ Committee Statement (Corrected) - LB426 (PDF) (Report). Nebraska Legislature - Business and Labor Committee. January 30, 2023. p. 1. Retrieved January 4, 2026.
  13. ^ "Van Norman new judge for workers' comp". Lincoln Star. July 7, 1993. p. 25. Retrieved January 4, 2026 – via Newspapers.com.
  14. ^ "Nebraska Revised Statute 48-161". Nebraska Legislature. 2026. Retrieved January 4, 2026.
  15. ^ 70th Annual Report: Fiscal Year 2012 (PDF) (Report). Nebraska Workers' Compensation Report. 2011. p. 1. Retrieved January 4, 2026.
  16. ^ Heltzel, Kate, ed. (2025). Nebraska Blue Book, 2024-25 (PDF). Office of the Clerk of the Nebraska Legislature. p. 774. Retrieved January 3, 2026.
  17. ^ "Nebraska Revised Statute 48-155". Nebraska Legislature. 2026. Retrieved January 4, 2026.
  18. ^ "Nebraska Revised Statute 48-157". Nebraska Legislature. 2026. Retrieved January 4, 2026.
  19. ^ "Judges of the Court". Nebraska Workers' Compensation Court. Retrieved January 4, 2026.