Rule 48: Informal Dispute Resolution

A. Resolution of any workers’ compensation dispute or controversy is available on an informal basis. Any party may contact the court to request resolution by informal means, or a judge of the court may, on his or her own motion, refer the parties to informal dispute resolution.

B. Any dispute regarding medical, surgical, or hospital services furnished or to be furnished under section 48-120 may be submitted by the provider of such services.

1. Such dispute may include the reasonableness and necessity of any medical treatment provided or to be provided to the injured employee.

2. Such dispute may include the application of the medical and hospital fee schedules or payment for services rendered by an independent medical examiner.

C. Any dispute regarding services provided by a certified vocational rehabilitation counselor under section 48-162.01 may be submitted by a party or the vocational rehabilitation counselor providing such services.

D. Before any dispute involving medical treatment or medical issues related to managed care may be submitted to the court for informal dispute resolution, the internal dispute resolution procedure of the managed care plan shall first be exhausted.

E. The court shall identify all parties to the dispute and notify all parties and any other participants of the proposed informal means of resolving the dispute. The court staff shall by informal means, which may include telephone contact, determine the nature and extent of the dispute or controversy and attempt to resolve it. The court staff may request the parties and any other participants to identify, in writing, the issues that are disputed and to be submitted for resolution by informal means. The court staff may require that the parties and any other participants appear and submit relevant information. At the conclusion of the informal resolution process, a written statement shall be issued to all parties and any other participants by the court that documents the results of the informal resolution process.

1. Any party who requests such informal dispute resolution shall not be precluded from filing a petition pursuant to section 48-173.

2. Any settlement reached as the result of informal dispute resolution shall be final and not subject to readjustment only if the settlement is in conformity with the Nebraska Workers’ Compensation Act.