Dragon v. Cheesecake Factory

The recent amendment for finalizing lump-sum settlements under Neb. Rev. Stat. 48-139(4) is procedural in nature and therefore applies to this workers’ compensation case, which was pending on appeal when section 48-139 was amended.Employer and Employee reached a lump-sum settlement and filed a verified release with the court using the process set out in section 48-139(3) and (4). Employer did not pay the amounts owed under the statutory deadline, and Employee moved for late payment penalties under section 48-139(4). The Workers’ Compensation Court overruled Employee’s motion and dismissed Employee’s petition with prejudice. While the matter was pending on appeal, the Legislature amended section 48-139 to specifically include a penalty provision for late payments of lump-sum settlements. The Supreme Court vacated the order of dismissal and remanded the cause with directions to award late payment penalties under section 48-139(4), holding that Employee was entitled to a late payment penalty. View "Dragon v. Cheesecake Factory" on Justia Law