Nebraska Statutes 81-8,318. Compensation; claim; requirements; Risk Manager; State Claims Board; powers and duties
(1) To receive compensation under the In the Line of Duty Compensation Act, a claim for the compensation must be filed with the Risk Manager within one year after the date of death of the public safety officer who was killed in the line of duty. Such claim shall be on a form prescribed by the Risk Manager and shall include:
Terms Used In Nebraska Statutes 81-8,318
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(a) The name, address, and title or position of the public safety officer who was killed in the line of duty;
(b) A copy of the form filed in accordance with subsection (4) of section 81-8,317, if any. If no such form has been filed, the claim shall include the name and address of the person or persons to whom compensation is payable under subdivision (3)(b) of section 81-8,317 ;
(c) A sworn statement providing a full factual account of the circumstances resulting in or the course of events causing the death of the public safety officer; and
(d) Such other information as the Risk Manager reasonably requires.
(2) The Risk Manager shall send written notice to all claimants within two weeks after the initiation of a claim indicating whether or not the claim is complete. For purposes of this subsection, a claim is complete if a claimant has submitted to the Risk Manager all documents and information required under subsection (1) of this section. If a claim is incomplete, the Risk Manager shall include in the written notice a list of the documents or information which the claimant must submit in order for the claim to be complete. If a claim is complete, the State Claims Board shall make an investigation of the claim in the manner provided in the State Miscellaneous Claims Act. Upon completion of such investigation, and no later than forty-five days after receipt of a complete claim, the State Claims Board shall approve or deny such claim in accordance with section 81-8,300 and the Risk Manager shall send written notice to the claimant stating whether the claim has been approved or denied. If a claim is denied, the notice shall include the reason or reasons for the denial. If a claimant is dissatisfied with a denial, he or she may file an application for review with the Risk Manager in accordance with subsection (2) of section 81-8,300. If a claim is approved, compensation shall be paid to the claimants entitled to such compensation in accordance with subsection (3) of section 81-8,300.