Kimminau v. Uribe Refuse Service and EMC Insurance Company

Summary

The Nebraska Supreme Court held that the Workers' Compensation Court was authorized under Neb. Rev. Stat. § 48-120(8) to order an employer to directly reimburse a health insurance carrier for medical expenses paid on behalf of a workers' compensation claimant. The court disapproved Dawes v. Wittrock Sandblasting & Painting to the extent it conflicted with the statute, reversed the review panel's decision, and remanded for further proceedings.

Holdings

1. Neb. Rev. Stat. § 48-120(8) authorizes and requires the Workers' Compensation Court to order an employer to directly reimburse a medical insurer or other payor for reasonable medical, surgical, and hospital services supplied to a workers' compensation claimant under § 48-120, even though the court lacks jurisdiction to resolve every contractual dispute involving a third-party insurer.

Questions Presented

1. Whether the Nebraska Workers' Compensation Court had authority under Neb. Rev. Stat. § 48-120(8) to order an employer to directly reimburse a health insurance carrier for medical expenses paid for a workers' compensation claimant's compensable injury.
2. Whether Dawes v. Wittrock Sandblasting & Painting controlled despite the express reimbursement language of § 48-120(8).

Disposition

reversed_and_remanded