HEAVICAN, C.J.
This case comes to us from the Nebraska Workers' Compensation Court. Thomas E. Burnham was injured while working for The Pacesetter Corporation, and in 2007, the Nebraska Court of Appeals granted summary affirmance to Burnham confirming his award. This appeal arises from Burnham's attempts to enforce the award against appellees, The Pacesetter Corporation and Liberty Mutual Group (Liberty Mutual), its insurance carrier, through the compensation court, first by filing a motion to enforce the award and then by filing a motion to compel. In both cases, the compensation court found it did not have jurisdiction. Burnham appeals those decisions, which have been consolidated for purposes of this appeal.
The background and procedural posture of this case involve multiple appeals and multiple motions. Briefly, after several appeals, the Court of Appeals upheld the decision of the compensation court, finding that Burnham had suffered a 65-percent loss of earning capacity. The Court of Appeals also affirmed the imposition of a waiting-time penalty and attorney fees.
On May 15, 2009, Burnham initiated a garnishment action in the Douglas County District Court to collect his award. The district court garnished $28,191.90 from Liberty Mutual and ordered Liberty Mutual to deliver that amount to the court, pending appeal. The Court of Appeals eventually summarily affirmed that order on January 13, 2010, in case No. A-09-730.
While the garnishment proceeding was on appeal, Burnham filed his "Motion for Enforcement of Award and Notice of Hearing" in the compensation court on February 10, 2009, and filed a "Motion to Compel re: Liberty Mutual's Violation of Court Orders" on December 8. That court denied both motions, finding that it did not have the authority to enforce collection of its own awards and that Burnham had a sufficient remedy in the district court. The three-judge review panel of the compensation court affirmed those decisions, and Burnham appeals. Burnham alleges that our recent decisions in Russell v. Kerry, Inc.
Burnham assigns, consolidated and restated, that the compensation court erred when it determined that it did not have the authority to enforce the judgment or compel
Determination of a jurisdictional issue which does not involve a factual dispute is a matter of law which requires an appellate court to reach an independent conclusion.
An appellate court independently decides questions of law.
We note at the outset that during oral argument, Burnham claimed he was seeking clarification from the compensation court as to the penalties that were ordered. Burnham makes no argument in his brief regarding clarification, but instead argues that the compensation court has the authority to enforce the judgment against appellees, to compel appellees to pay what they owe, and to find appellees in contempt for failing to follow that court's order. Appellees argue that any award must be enforced through the district court. We agree that Burnham's remedy must be pursued in the district court.
Burnham appealed the decisions of the compensation court, and those two appeals were consolidated in the present case. Burnham acknowledges that he received payment of $28,191.90 through the garnishment action, but alleges that the waiting-time penalty was not part of that garnishment action and that he is still owed in excess of $90,000. Although Burnham does not explain why he omitted the waiting-time penalties from his motion for garnishment, he stated that he filed the actions that make up the current appeal in response to our decision in Russell v. Kerry, Inc.
In Russell, the employee received an award before the compensation court.
In Russell, the compensation court found that it did not have jurisdiction over the second enforcement action while the appeal of the first enforcement order was pending. We disagreed, finding that the compensation court did have jurisdiction to assess a waiting-time penalty, attorney fees, and interest for all delinquent payments.
Here, the three-judge review panel stated:
The three-judge review panel further stated that although interest continued to accrue, the amount of the award was to be determined by the district court.
We find that to the extent that Burnham is asking for a clarification of his award, as suggested during oral argument, the compensation court has the authority to do so. Contrary to Burnham's allegation, however, although the compensation court does have jurisdiction to clarify its award, it does not have the authority to enforce the collection of its award. Nor does the compensation court have the authority to issue contempt citations. In Russell,
In Burnham's case, the award was finalized in 2006, and a waiting-time penalty and attorney fees were assessed at that time as well. But as the compensation court noted, "[a]ny argument that there was a continuing obligation to pay benefits terminated on May 1, 2006, when the 300[-]week statutory maximum period for payment of benefits occurred." Therefore, unlike in Russell, where there were two separate violations, the compensation court had no reason to impose a second penalty on appellees for failing to pay weekly benefits.
In a supplemental letter, Burnham also relies on Smeal Fire Apparatus Co. v. Kreikemeier,
The compensation court is not a court of general jurisdiction, but, rather, is a statutorily created court.
After our decision in Thomas v. Omega Re-Bar, Inc.,
Neb.Rev.Stat. § 48-188 (Cum.Supp. 2008) provides Burnham with a sufficient remedy. Under that statute, Burnham may file his award with the district court, which will give it the same force and effect as a judgment of the district court.
We therefore find Burnham's assignment of error without merit and affirm the decision of the three-judge review panel of the compensation court finding that it did not have jurisdiction over Burnham's motions.
The Workers' Compensation Court is a statutorily created court and has only the authority granted to it by statute. The Nebraska Workers' Compensation Act does not grant the compensation court the authority to enforce the collection of its awards. Under § 48-188, a worker must seek such enforcement through the district court. We therefore affirm the decision of the three-judge review panel of the compensation court.
AFFIRMED.