Legal Question in Workers Comp in Nevada

I have worked in a casino for almost 2 yrs. now without any type of sick leave etc. I was doing my job and suddenly I experienced stabbing pain in my right elbow when lifting coin bags. 14-16.5 lbs. on my shift.

I went to my chiropractor the next day he told me to wear an elbow band. I did, reported this to supervisor on duty at time.

I worked that Fri/Sat. following Mon. went back to chiropractor and he wrote a note saying No lifting or repetitve movement,I turned this in and my supervisor was rather curt about this. She called HR the gal wasn't in but someone told her "We don't know that it's a workmans comp issue. I was put off 1 day then next day given my Aflac papers to have filled out by Dr. My chiro doesn't do this. So he referred me to a ortho Dr. they said sounds like a Workman's comp issue and to go back to get the proper papers. Now I went to their Dr. who said it is work related injury and have now been Denied. I have a hearing date for 9/1.

Can you advise me how this goes?

I have letters from 2 doctors and 1 verbal from the ortho office.

This is crazy to me.

Asked on 8/14/09, 4:35 pm

2 Answers from Attorneys

Jim Herbe Black & Lobello
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Thank you for your inquiry to my office.

From your message it seems like you sustained a repetitive motion injury to your elbow from lifting your coin bags at work. The most important thing when determining whether an injury is compensable as a work comp injury are the medical reporting from your doctor.

Additionally, every work comp claim requires you to fill out C-1 & C-4 forms at the start of each claim. If your case is in the Clark County, Nevada area feel free to contact my office to discuss your case in more detail.

Regards,

Jim Herbe, Esq.

702.307.1355

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8/19/09, 5:22 pm
David Fischer Fischer Sanders, LLP
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The hearing is relatively informal. Visit my blog and you will find an overview of what take place at the HO. http://www.nevadaworkcomplaw.blogspot.com

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8/19/09, 6:08 pm

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