Legal Question in Workers Comp in Nevada

in regards to double lumbar fusion

this is in regards to my other question ''lumbar fusion'' injured 06/07.

WC paid for everything. surgery, steroid shot, therapy, etc. I'm concerned for my husband and I future. His doctor already said he wont be able to do much of any physical work. I'm just concern of our compensation. What kind of settlement are we looking for. A price range would be great. thanks again.


Asked on 3/11/08, 2:50 pm

2 Answers from Attorneys

David Fischer Fischer Sanders, LLP

Re: in regards to double lumbar fusion

The final determination of what type of monetary settlement you should expect varies as it depends on a number of factors. The factors are your husband's average monthly wage at the date of injury, his percentage of permanent disability and a numerical factor set by the legislature.

If you would like to discuss your work comp matter further, feel free to give me a call at 702.384.1616 and ask for David Fischer.

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Answered on 3/11/08, 2:54 pm
Jim Herbe Black & Lobello

Re: in regards to double lumbar fusion

Thank you for your follow-up inquiry. A double lumbar fusion is a very serious injury that would result in a potentially very large permanent partial disability rating. Under the AMA Guides, a double fusion could be a 20% disability or more.

In determining the value of any potential settlement, there is a complex formula that looks at your husband's average monthly wage, continued employment life span, and a myriad of other factors.

If your husband is permanently disabled you would be able to apply for permanent total disability that would continue until retirement age.

If your husband has permanent work restrictions you would be eligible for vocational rehablitation benefits that would aid in finding your husband new employment.

Regarding your current attorney, if your husband has already been rated he would have a significant lien on your case. However, you do have the ability to fire your attorney at any time.

If you desire new counsel going forward to protect some of these other issues regarding your husband please feel free to contact my office to schedule a free consultation.

Regards,

Jim Herbe

702.966.5686

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Answered on 3/12/08, 7:48 pm


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