The question whether an employee is precluded from bringing a workmen's compensation action in one state because he has previously received payments under another state's statute arises where an injury or an employment relationship has ties with two or more states. This is a common problem because of existing differences in the various state compensation acts, and it is intensified because of increasing multistate business activities. The problem most frequently presented to the courts is whether the forum state will award second payments under its act when it authorizes a greater amount of compensation than the first state. Other facets of the problem have also been presented to the courts. For example, what happens when the employee has been denied compensation in the prior state; or when statutory differences exist relating to the employee's rights to bring actions outside the compensation act? The current importance of the question of applicability of Nebraska's act after prior payments have been received is pointed up by the following facts. The effect of receiving prior payments under another state's act is not specifically provided for in Nebraska's act. Nor has the effect of receiving prior payments been decided by the Nebraska Supreme Court. The decisions of other courts are, to some extent, in conflict; and the practice of the Nebraska Workmen's Compensation Court is contrary to the result of recent cases decided by other state courts.
II. Conflicts of Law and Workmen’s Compensation
III. The Nebraska Position
Ronald L. Sluyter,
Are Workmen's Compensation Proceedings Precluded in Nebraska Where Prior Payments Were Received under Another State's Act?,
42 Neb. L. Rev. 155
Available at: http://digitalcommons.unl.edu/nlr/vol42/iss1/6