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- Title
ELIMINATING A MOST CONVENIENT FORUM: THE CASE FOR RESTRICTING THE EXTRATERRITORIAL OPERATION OF NEB. REV. STAT. SECTION 48-115(2)(B).
- Authors
Zink, Robert A.; Zink II, Walter E.
- Abstract
This article suggests that the Nebraska Legislature abolish section 48-115(2)(b) so as to conform strictly with the recommendations offered by the National Commission on State Workers' Compensation laws. The absence of substantive statutory, judicial, or academic support for the business localization test, even in its most constitutional form, provides an adequate basis to justify its elimination from the lexicon of Nebraska's workers' compensation laws. Additionally, any new formulation of section 48-115(2) needs to be written so as to provide an exclusive basis for Nebraska courts to assert subject matter jurisdiction over qualifying workers' compensation claims, thereby definitively eliminating existing common-law tests.
- Subjects
NEBRASKA; LABOR laws; LEGISLATIVE bodies; COURTS; WAGES; JURISDICTION
- Publication
Creighton Law Review, 2004, Vol 38, Issue 1, p1
- ISSN
0011-1155
- Publication type
Article