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 the job.  Under Nevada law, if a person is injured in the course and scope of employment, the injured worker cannot succeed in a suit against a properly insured employer except under … [Read more...]

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.  Then came the Nevada case of Tri–County Equip. & Leasing, LLC v. Klinke, 128 Nev. Adv. Op. 33, 286 P.3d 593 (2012). We … [Read more...]

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 his death.  The family recovered a $1,000,000 medical malpractice settlement.Enter stage left . . . Mr. Breen’s employer . . . Caesars . . .  with its hand … [Read more...]

Nevada Kicks The Can Down The Road On The “Billed Vs. Paid” Issue

Plaintiffs often hope to recover a medical provider’s higher “billed” rate, even though the same medical provider accepts in full satisfaction a lesser “paid” amount from an insurance company.  We noted HERE that some states have either refused to allow evidence of the higher “billed” amount or have allowed rebuttal evidence that the doctor accepted the lower “paid” amount in satisfaction of the bill.As reported HERE, the Nevada Supreme Court case of Tri-County Equip. & Leasing, LLC., v. … [Read more...]

“Billed vs. Paid” Controversy Across The Country

In December, 2011, the Nevada Law Blogs addressed the question of whether the Nevada Supreme Court would limit Plaintiffs to presenting evidence of the amount that their medical providers accepted in full payment, rather than allowing Plaintiffs to present evidence of the much higher unadjusted bill.  See HERE.The Nevada Supreme Court decision still has not come down.  Even so, discussions from other states regarding this topic have taken off.  For example, on Linked In, attorneys from the … [Read more...]