Legal Question in Workers Comp in Nevada

Knee injury

I had knee surgery in 1986 for a knee injury in calif. Several month's after the surgery I went back to work full time with no limitations. I moved to las vegas and went to work in construction. In 2005 after almost 20 year's I injured the same knee and got a tear. lawyer's for the workmanscomp say that the cause of my problem is from the pre-exsisting surgery in calif 20 years ago and I would have to go there first. I worked for this company in Las Vegas for 3 year's full time with no pains or problem's. How can they say I have to go to

Calif. first??

Asked on 3/12/09, 11:21 am

2 Answers from Attorneys

David Fischer Fischer Sanders, LLP

Re: Knee injury

Did you make a claim back in 2005 for the Nevada injury? You have ninety days from the date of injury to see a work comp doctor.

Pre-existing conditions are not automatically excluded from coverage under Nevada work comp even if you had an injury to the same body part prior. The question is whether the new accident is a substantial contributing cause of the new injury, if yes, then you are still entitled to benefits under Nevada work comp. When it comes time for your PPD the rating physician will, however, be able to apportion any part of your injury he feels more fully attributable to your prior accident.

I hope this helps. If you would like to discuss further, you can reach me at 702.449.6010.

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Answered on 3/12/09, 1:02 pm
John Shook Shook & Stone

Re: Knee injury

They can't. Worker's compensation is required to accept the claim if you suffered an injury as a result of an on-the-job accident. Even if you had a pre-existing knee injury from 1986 you would still be entitled to make the claim here in Nevada if your 2005 accident aggrivated, precipitated or accelerated your pre-existing condition. If you wish to discuss your rights in greater detail please call me at 3808900.

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Answered on 3/12/09, 5:29 pm

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