Legal News

Nevada Supreme Court: The law firm of Diaz & Galt, LLC, recently won a case at the Nevada Supreme Court after six years of litigation. This case involved the death of a Washoe County Sheriff's Deputy, whereby Washoe County had denied Deputy Smith's widow her lifetime benefits, pursuant to the heart lung statute. Washoe County asserted that Deputy Smith had pre-existing conditions which he could have corrected.

Under NRS 617.457(1) a police officer who has been continuously employed as such for five years or more is entitled to a conclusive presumption that his heart disease is work related, unless, as set forth...the examining physician "ordered" him in writing to correct a predisposing condition that was within his ability to correct, and he failed to do so. The Supreme Court concluded that notice had not been properly given to Deputy Smith, which would have actually put him on notice that he had predisposing conditions which he needed to correct. Therefore, due to lack of proper notice, a conclusive presumption existed that, in fact, Deputy Smith's heart attack arose out of, and in the course of, his employment.

Permanent Total Disability Benefits: The law firm of Diaz & Galt, LLC, won lifetime benefits for a client who was 65 years old at the time of her injury. Mrs. Nolan sustained a serious lumbar injury while working as an Administrative Assistant, which resulted in a 30 percent disability. After completing a vocational rehabilitation program, her condition worsened and she could not return to work within her limitations. Permanent total disability benefits were awarded pursuant to the "odd lot doctrine" for the life of Mrs. Nolan.

Benefits for Injured Worker as a Result of Medical Care: Diaz & Galt, LLC, recently settled a case appealed to the Nevada Supreme Court for a delivery truck driver employed by Pepsi Cola. This case involved the kicking of a hand truck under cases of drinks which in turn caused an inflammation of his hip joint. The injured worker went to the hospital where he was injected with an anti-inflammatory, which in turn caused a serious infection, necessitating an entire hip replacement. D IAZ & G ALT, LLC, successfully negotiated and recovered a high six figure dollar amount for the injured worker.

Subrogation Case: Recently Diaz & Galt, LLC, negotiated a truck driver workers compensation case and successfully had reimbursed the self-insured employer, $73,800 dollars for costs expended.

Legislative News: In the past, when a spouse died as a result of an industrial injury and the widow or widower then remarried, their workers' compensation benefits ceased. Recently, the Legislature reversed this decision and will now allow ongoing lifetime benefits for the deceased injured worker's spouse, even if they remarry.

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