Two NFIB-supported workers’ compensation bills sent to the governor for his signature.
State Director Bob Hallstrom reports from Lincoln on the small-business agenda for the legislative week ending April 18, adjournment day.
The Legislature adjourned sine die April 18, having concluded all of its work for the 2018 session. On the final day, lawmakers acted on approximately 25 bills on Final Reading. The Legislature completed the session having passed 156 individual bills, with numerous other measures adopted by way of amendment to those bills.
The following senators, who are departing the Legislature, either due to term-limits or because they are not seeking re-election, gave their farewell speeches on the final day of the session:
- Sen. Roy Baker (Lincoln)
- Sen. Lydia Brasch (Bancroft)
- Sen. Burke Harr (Omaha)
- Sen. Bob Krist (Omaha)
- Sen. John Kuehn (Heartwell)
- Sen. Tyson Larson (O’Neill)
- Sen. Paul Schumacher (Columbus)
- Sen. Jim Smith (Papillion).
With the Legislature having failed to adopt meaningful property tax relief, voters may face a property tax relief initiative on the General Election ballot.
Workers’ Compensation Bills Sent to Governor
The following workers’ compensation bills have been approved by the Legislature and forwarded to Gov. Pete Ricketts for his signature.
Legislative Bill 953 – Workers’ Compensation – Approval of Lump Sum Settlements: Introduced by Sen. Joni Albrecht (Thurston), LB 953 will address issues relating to the approval of lump-sum settlements by the Workers’ Compensation Court. The bill will establish a conclusive presumption that the lump-sum settlement is made in conformity with the compensation schedule and for the best interests of the employee or his or her dependents under all of the circumstances, if the employee’s attorney elects to affirm these facts in the application for an order approving the settlement. The conclusive presumption will apply to cases in which (a) the employee is eligible for Medicare, is a Medicare beneficiary, or has a reasonable expectation of becoming eligible for Medicare within 30 months of executing the settlement; or (b) medical, surgical, or hospital services provided to the employee are not paid by the employer, or any person other than Medicaid, who has made any payment to the supplier of medical, surgical, or hospital services provided to the employee, is not reimbursed by the employer.
The bill also addresses a recent Workers’ Compensation Court decision regarding the enforceability of late payment penalties. Currently, a 50 percent penalty is imposed on each payment to the employee that is made more than 30 days after the release is filed with the Compensation Court. LB 953 will make the entry of an order of dismissal a prerequisite to the discharge of a defendant from liability, thereby clarifying that the penalty provision would still apply until the Court enters an order of dismissal with prejudice.
Amendments were also adopted to LB 953 that will enhance the ability of medical providers to recover under the health insurance coverage of an employee for expenses that remain unpaid as part of the lump sum settlement, which are disputed and for which compensability has been denied by the employer.
Legislative Bill 957 – Workers’ Compensation – Electronic Payment of Benefits: Introduced by Sen. John Lowe (Kearney), LB 957 will authorize, upon written or electronic agreement of an employer or insurer and an employee entitled to compensation under the Workers’ Compensation Act, payments to be made by electronic means (direct deposit, prepaid card, or similar electronic payment system).
Previous Reports and News Releases
April 13 Report—Further Tax Relief Dead for the Session
April 6, Report—Tax Reform Hits Road Block in Final Days of Session
March 30 Report—Budget Bill, Tax Relief Await Senators After Easter Break
March 23 Report—NFIB Members Urged to Push for Passage of Three Workers’ Comp Bills
March 16 Report—11 Late-Night Sessions Scheduled for Legislature
March 9 Report—Nebraska Legislature Gives First-Round Approval on State Tax Bill
March 2 Report—NFIB Rallying Troops for Support of Workers’ Compensation Bill
February 23 Report—Three NFIB-Backed Workers’ Compensation Bills Advance
February 16 Report—NFIB Working on Data Breach, Credit Reporting Bill
February 9 Report—Senator Seeks to Reverse Legislature’s Call for Constitutional Convention
February 2 Report—Session a Third Complete, Tax Reform Still on Front Burner
January 26 Report—Floor Debate Coming up on Minimum Wage, Ban the Box
January 19 Report—Deadline for Bill Introduction Passes in Lincoln
January 17 Guest Editorial—Nebraska Congressional Delegation Thanked
January 12 Report—NFIB Scores Victory in First Week of Session
January 12 News Release—Comment on Gov. Ricketts’ State-of-the-State Speech
January 5 Report—Nebraska Legislature Opens for 2018 Business
[Photo courtesy of Unicameral Update, “The Nebraska Legislature’s official news source since 1977.”]
