Lost Time Compensation

JasonManuma · #1 01-20-2009, 04:34 AM

My question involves workers compensation law for the state of: Nevada

My husband was hurt on the job about 1.5 yrs ago and has only now won all appeals to have his case accepted by Liberty Mutual (WC insurance carrier). Since then he has lost his job and has recieved no benefits and only now is having his case evaluated to start receiving. My question is: will he be paid for the yr and a half time lost as compensation? or just the time frame from his injury date till the date he was released from his job? Any other info of benefits he should recieve would also be helpful. His injury by the way would be cervical/thoracic/trapezious inj. Basically herniated discs in his neck and arthritis in his thoracic spine area etc. Thank You!

Mr. Knowitall · #2 01-22-2009, 04:34 PM

He lost his job for what reason? How long after his injury? Has he been declared disabled from working, or have work restrictions been imposed? What was the exact nature of the appeal he just won, and was he represented by a lawyer?

waitinginvegas · #3 01-22-2009, 06:23 PM

Hello Mr Knowitall-

First answer: my husband has herniated discs in his neck, and injury to his thoracic spine area, WC insurance denied his claim when he was first injured 1.5 yrs ago. In July 2009 it will officially be 2 yrs. He then appealed and has since won all appeals for WC insurer to accept his claim. He was put on restrictions for work from the time of injury up untill being released. Since he was denied WC benefits,he went on FMLA leave so his medical benefits and all other benefits at the time could be saved. When his FMLA was up, he was not able to return to work FULL DUTY and was then released from his job- Still with no WC benefits and his case in appeal. Like mentioned earlier, we have only now recieved acceptance by LIBERTY MUTUAL after 1.5 yrs and did not have an attorney represent us. So now my orginal question:

Will compensation for lost time include the 1.5 yrs we have been waiting?

waitinginvegas · #4 01-22-2009, 06:24 PM

Also he was released appox. 4 mos. after his injury and after returning from FMLA.

Mr. Knowitall · #5 01-22-2009, 07:34 PM

If they don't appeal, they'll pay whatever benefits are due. If they do appeal, you'll have to wait to see how the appeal turned out. As you chose not to answer my questions clearly, I have no way of guessing what benefits he may receive. You said "He was put on restrictions for work from the time of injury up untill being released" - if you meant that - his work restrictions were lifted - then he was released to work as of that date without restriction, and probably won't get subsequent wage loss benefits if he failed to do so. I really shouldn't even say that much, as you're forcing guesswork. Your husband can get a free consultation with a worker's compensation lawyer, so why not go for that option.

JasonManuma · #6 01-22-2009, 08:12 PM

Mr. Knowitall-
First off I am not sure if your name fits you, if you read my reply they obviously have not appealed, that is why they have now ACCEPTED my husband's claim- Also It stated that he was RELEASED from his job for not being able to work FULL DUTY- You know released as in FIRED,LET GO- HELLO!? Not released back to work?!! WTF?!You're obviously an attorney, which is why we didn't get one to begin with. You're reply did nothing but confuse my question, which was not confusing at all, then you had me retype my question w/answers that did not help you, for what reason I dont know, they seem to be the exact answers to your questions, but of course since you're obviously an Attorney your reply as in all your reply's to everyone's questions on here would be to seek an Attorney's Opinion, well buddy from the opinion's I've recieved from you thus far are- HELL NO I WILL NEVER SEEK AN ATTORNEY'S OPINION!!!YOU SUCK!!! MR. KNOW NOTHING!!