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Nebraska Workers' Compensation: Motion to Continue Payments Explained

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When a Motion to Continue Payments Is Needed

In Nebraska, a worker who has stopped receiving workers' compensation benefits may file a motion to continue payments if the employer believes the claim is still valid but has been interrupted by a denial, settlement, or other administrative action. This motion is a formal request to the Nebraska Department of Labor (NDOL) to reinstate benefits while the dispute is resolved.

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Grounds for Filing

Typical reasons include:

  • Employer disputes the medical necessity of a treatment or the extent of injury.
  • Employer seeks to negotiate a settlement that could affect payment status.
  • Employer wants to delay payment pending a hearing on the claim's validity.

The motion must be filed within 30 days of the event that triggered the stop in benefits, and the employee must provide supporting documentation.

Procedure and Timing

After filing, the NDOL reviews the motion and may grant or deny it. If granted, payments resume immediately. If denied, the employee must appeal to the Nebraska Workers' Compensation Review Board within 15 days. The board's decision is final unless appealed to the Nebraska Supreme Court.

Impact on the Employee

Reinstated payments provide continued medical coverage, wage replacement, and other benefits. However, if the motion is denied and the claim is ultimately found invalid, the employee may lose future benefits and could face recovery actions from the employer.

Impact on the Employer

Employers can use the motion to delay cash outlays while resolving disputes. However, prolonged withholding of payments can lead to penalties under Nebraska law, including interest and potential legal costs if the employee successfully appeals.

DocumentRelevance
Nebraska Workers' Compensation ActDefines payment procedures and employee rights.
NDOL Administrative RulesSpecifies filing deadlines and required evidence.
Nebraska Supreme Court CasesInterpretation of motion outcomes.

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