Koterzina v. Copple Chevrolet, Inc. , 249 Neb. 158 ( 1996 )

Wright, J.,

dissenting.

I dissent from the majority’s opinion, which holds that the Fund is liable to Koterzina for interest on 100 percent of the compensation from September 3, 1992. I would award interest on the compensation from the date that the award was filed in the district court. It is the filing of the compensation award under Neb. Rev. Stat. § 48-188 (Reissue 1993) which is the date from which interest should be computed. Section 48-188 provides that “[u]pon filing, such order, award, or judgment shall have the same force and effect as a judgment of such district court . . . .”

I disagree that § 48-188 has a “nunc pro tunc” effect on the workers’ compensation award. Pursuant to Neb. Rev. Stat. § 45-103.01 (Reissue 1993), judgment interest accrues from the date of rendition of the judgment. As the statute applies to workers’ compensation awards, the judgment is not rendered until it is filed in the district court pursuant to § 48-188. The compensation award becomes a judgment in the district court for purposes of § 45-103.01 on the date it was filed in the district court.

The majority opinion affirms the Court of Appeals’ holding that Neb. Rev. Stat. § 48-125(2) (Reissue 1993) is the exclusive interest statute for workers’ compensation awards and allows interest only where attorney fees are awarded. Since attorney fees were not awarded, no interest could be assessed in the compensation court. It is inconsistent for the majority to conclude that § 48-125(2) is the exclusive interest statute for workers’ compensation awards and retroactively modify the compensation award by allowing interest to the date of the workers’ compensation award. There is nothing in § 48-188 which makes interest awards retroactive to the date of the workers’ compensation award. It is only upon filing of the workers’ compensation award in the district court that interest commences.

Connolly, J., joins in this dissent.