Recent Blog Posts
WHY WE NEED TO FIGHT TO PROTECT THE 7TH AMENDMENT. By Herb Santos, Jr.
“In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” – The 7th Amendment… Read More »
IF MY CONDITION GETS WORSE, CAN I GET FUTURE MEDICAL TREATMENT FOR MY WORK INJURY?
One of the most valuable benefits for the injured worker in Nevada is the lifetime re-opening right. After a claim closes, an injured worker may be able to re-open the claim in the future. However, the process is difficult. The fact that the industrial condition hurts more is not enough to get a claim… Read More »
WHAT TYPE OF BENEFITS AM I ENTITLED TO RECEIVE IF I AM HURT ON THE JOB?
There isn’t a day that goes by where I don’t discuss workers’ compensation benefits with both clients and potential clients. In Nevada, when an employee suffers a work related injury, workers’ compensation benefits is the exclusive remedy. There are only two situations where the injured worker can elect to sue the employer. The first… Read More »
WHEN IS AN EMPLOYEE WITHIN THE COURSE AND SCOPE OF EMPLOYMENT
This is an issue which comes up almost every day in my practice. Insurance companies will look at any way to find that an injured worker was not in the “course and scope of employment” when the accident occurred. When looking at whether an injury occurred in the course of employment, we look at… Read More »
THE SUPREME COURT EXPANDS COVERAGE FOR THE TRAVELING EMPLOYEE
If you travel for work, you will find great interest in a recent Nevada Supreme Court case regarding the traveling employee. In Buma v. Providence, 135 Nev. Adv. Op. 60 (2019), the Court not only analyzed the issues surrounding the traveling employee, but they expanded the coverage available to them and essentially confirmed rules… Read More »
WHY YOU NEED TO REPORT EVERY ACCIDENT TO YOUR EMPLOYER
So you are going about your day and you are lifting a box when you feel a tweek in your low back. The pain is slight at first so you continue to work, hoping that it will go away. By the end of the day you are sore but you have been sore before…. Read More »
February 2019: WHEN IS AN EMPLOYEE WITHIN THE COURSE AND SCOPE OF EMPLOYMENT?
I just wrote an article for the ADVOCATE, the official publication of the Nevada Justice Association. The focus of the article centers on the issues surrounding the required analysis for determining whether an injured employee’s injury is within the course and scope of employment. Here is the article. WHEN IS AN EMPLOYEE WITHIN THE… Read More »
