48-129. Compensation; joint employers; liability.
In case any employee for whose injury or death compensation is payable under the Nebraska Workers' Compensation Act shall, at the time of the injury, be employed and paid jointly by two or more employers, as defined in section 48-114, such employers shall contribute to the payment of such compensation in proportion to their several wage liabilities to such employee. If one or more, but not all, of such employers should be subject to the Nebraska Workers' Compensation Act, then the liability of such of them as are so subject shall be to pay that proportion of the entire compensation which their proportionate wage liability bears to the entire wages of the employee, except that nothing in this section shall prevent employers from making any arrangement between themselves for a different distribution of the ultimate burden of compensation.
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Annotations
Under the facts of this case, the claimant was a loaned employee but there was no consensual relationship sufficient to create a new employer-employee relationship. Therefore, the lending employer remained liable for his workmen's compensation. B & C Excavating Co. v. Hiner, 207 Neb. 248, 298 N.W.2d 155 (1980).
Sections 48-129 and 48-168, R.R.S.1943, gives the Workmen's Compensation Court jurisdiction to consider the issue of joint employment. White v. Western Commodities, Inc., 207 Neb. 75, 295 N.W.2d 704 (1980).
Under the facts of this case, the Workmen's Compensation Court was clearly wrong in finding that the two defendants were joint employers of the plaintiff but was correct in finding an employer-employee relationship between one of the defendants and the plaintiff. White v. Western Commodities, Inc., 207 Neb. 75, 295 N.W.2d 704 (1980).
Joint employment and pro rata liability for compensation payments under this section exist only where there is an agreement between employers as to salary, wages, hours of employment, and terms of service. Henning v. City of Hebron, 186 Neb. 381, 183 N.W.2d 756 (1971).
In absence of joint arrangement, there cannot be any joint employment. Solheim v. Hastings Housing Co., 151 Neb. 264, 37 N.W.2d 212 (1949).
Joint employer is required to pay only that proportion of compensation which his proportionate wage bears to entire wages of employee. Summers v. Railway Express Agency, 134 Neb. 237, 278 N.W. 476 (1938).
To constitute joint employment, there must be concert of action between employers as to wages, hours of service, and term of service. Suverkrubbe v. Village of Fort Calhoun, 127 Neb. 472, 256 N.W. 47 (1934).