Nebraska Supreme Court Affirms State Comp Court Lacked Jurisdiction Over Out-of-State Employer of Injured Nebraska Resident

The Nebraska Supreme Court affirmed the determination of the Nebraska Workers’ Compensation Court that it lacked jurisdiction over Appellant’s petition and dismissing his claim, holding that the compensation court correctly dismissed Appellant’s petition for injuries sustained on the job in Alaska.

Appellant was a Nebraska resident when he was hired by Trident Seafoods, a State of Washington corporation without a permanent presence in Nebraska. Appellant sustained a work-related injury while working at Trident Seafoods’ Alaska plant. Appellant filed a petition in the Nebraska Workers’ Compensation Court claiming benefits under the Nebraska Workers’ Compensation Act. The compensation court dismissed the petition for lack of jurisdiction, finding that Trident Seafoods was not a statutory employer under Neb. Rev. Stat. 48-106(1). The Supreme Court affirmed, holding that Trident Seafoods was not a statutory employer, and therefore, the Nebraska Workers’ Compensation Act did not apply. The Nebraksa Supreme Court explained that the Nebraska Workers' Compensation Act bestows jurisdiction on the WCC to decide only matters involving at least one “employer” and “employee.”

Source: and Justia US Law





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