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  1. #1
    Join Date
    Sep 2016

    Default How to Appeal a Workers Comp Denial

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

    9 months ago I started working for a solar company doing unskilled manual labor. My job was very easy, but it involved getting on and off of ladders every few seconds for 10-14 hours. Because of the strain that can have on your ankles, usually we would switch every hour so half of us would be on the ladder and half of us would be off of it. A new foreman came in and though she was very nice, she decided all of the young people would be on the ladders all day, and all of the older people didn't have to at all. About 4-6 weeks after being on the ladder (I'm a "young person" at 26) I came into work one day and noticed the nerves below my ankle were extremely swollen, I had a limp when walking, and a pain when moving my ankle in certain directions. I still have pictures but it was really bad. They have an EMT on site who iced my ankle for a few hours and told my foreman not to have me work on my feet for the the next couple days, which meant I couldn't do anything. They also asked me to sign a form waiving my right to file for workers compensation which I refused.
    Two days later I was sitting down exactly as I was asked to, and the main boss makes eye contact with me noticing me sitting briefly. The next day I was laid off. I saw a doctor as soon as I could on Monday (I was laid off on Friday) who told me I should file for workers compensation which I did immediately. My claim was denied because I filed it after getting laid off, which is apparently an automatic disqualifier. I was told I'd have to pay out of pocket for the doctor bills since I didn't have insurance, but I don't know if they ever sent me the bill so I need to look into that. Anyway I had an ultrasound (I think) on my foot, and they told me they would call me to schedule a follow up which never happened. Me being the lazy person that I am never called them back and assumed my foot was fine. Fast forward 7 months later and although there is no visible swelling, I still hobble around my house kind of like a much more subtle version of Quasimodo. I started a new job a couple months after being laid off doing manual labor, and although I never complained about my ankle it did interfere with my ability to do my job enough that I think it could have been a contributing factor in my getting laid off from that job after a few months, though an official reason was never given. I was just shy of being able to file for unemployment so I missed that benefit as well when working for the solar company.

    I know I should have done a lot of things different. I probably should have appealed the workers comp claim which I don't know if that's possible 7-8 months later. I probably should have followed up on the results of my ultrasound/CT test/whatever they did. But as I walk around my house with a limp from the nerve damage to my foot, I thought I would at least see if anyone competent could give me advice. Is there anything I can do at this point legally or am I out of luck?

  2. #2
    Join Date
    Sep 2011

    Default Re: Was Denied Workers Comp 7 Months Ago, Do I Have Any Options

    You must file an appeal within 70 days of the date of the insurance company letter of denial.
    there maybe some caselaw that allow an exception. you can contact the Nevada attorney for inured worker for more information:

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