Insurer sent settlement payment to the employer’s attorney on the 30th day after entry of an order approving lump sum settlement. However, the payment was not delivered to counsel for the employee until the 31st day after the lump sum order was entered. The Court of Appeals held that a 50% penalty on the $265,000.00 settlement check was due. Had the adjuster sent the check via UPS directly to counsel for plaintiff there would be no penalty due, even though it arrived on the 31st day, because it was sent within 30 days as required byBrown v. Harbor Fin. Mortgage Corp., 267 Neb. 218, (2004).
Harris v. Iowa Tanklines, Inc.,20 Neb. App. 513 (2013)