Strategies, Challenges, and Answers

Nevada’s Exclusive Remedy Provision Prevents Employees From Suing Insured Employers For On-The-Job Injuries In Nearly All Cases

“Have you been injured?” is a common question posed by personal injury attorneys who are looking for new clients.  But just because a person was injured in an accident does not mean that the injured person can prevail in a negligence suit against the person causing the harm. Take for example, a person injured on […]

First Things First

Diane Engle got hurt at work. She applied for and received worker’s comp benefits. She also claimed that a third party had contributed to her injuries. After closing her worker’s comp claim, Ms. Engle negotiated a settlement with the third party as well. Years later, Ms. Engle wanted to reopen her worker’s comp claim. Her […]

Collateral Source Is Still Good Law Despite Tri-County Equipment Decision

Following the California case of Howell v. Hamilton Meats & Provisions, Inc., 52 Cal. 4th 541, 257 P.3d 81, 128 CalRptr. 3d 658 (2011), the Nevada Law Blogs began wondering if Nevada would follow California’s lead and prohibit Plaintiff’s attorneys from introducing evidence of any medical bills that had been partially or totally forgiven by Plaintiff’s medical provider.  […]

A Workers’ Compensation Subrogation Lien Extends To A Nevada Injured Worker’s “Total Recovery” From The Third-Party Tortfeasor.

John Breen worked as a banquet chef at Caesars Palace.  He was refueling a portable stove.  It exploded causing him serious burns.  He died two days later. However, Mr. Breen’s family believed that he hadn’t died from the burns.  Rather they felt that medical malpractice killed him.  They sued the doctors who treated Mr. Breen before […]

The Nevada Supreme Court Clarifies Which On-The-Job Injuries Are Compensable Under Worker’s Compensation

For a few years there, it seemed that there might be hope that not all Nevada on-the-job injuries would be compensable under worker’s compensation.  It all started with the case of Rio Suite Hotel & Casino v. Gorsky, 113 Nev. 900, 939 P.2d 60 (Nev. 1997).  .  In Gorsky, the worker was headed to the […]