Green Party cannot land on Nevada presidential ballot, U.S. Supreme Court rules. [TNI]
Question 1 resurrects attempt to remove Board of Regents from state constitution. [Nevada Current]
Las Vegas Valley police departments deny access to mugshots after 9th Circuit ruling. [RJ; 8NewsNow]
Lawsuit: Las Vegas violated open meeting laws in relation to LDS temple project. [RJ]
Lawsuit: Metro officers didn’t intervene as woman stabbed 68 times. [RJ]
CCSD’s chief financial officer out as district faces budget crisis. [RJ]
Las Vegas Justice of the Peace Cynthia Cruz resigns from leadership position. [8NewsNow]
Kentucky sheriff killed judge in his chambers. [CNN] Although this story isn’t directly connected to Vegas, we can certainly relate because of the tragedy that our own community experienced nearly six months ago. Speaking of that, how are you all doing?
Sometimes I agree with the Nevada Supreme Court, and sometimes I don’t. That’s how it goes. But rarely has a decision disgusted and infuriated me as much as the one handed down yesterday in Amtrust v. Vasquez. I realize that one person’s vote doesn’t mean a whole lot, but I will not cast mine for anyone who signed on to this piece of trash.
Breen and 40-ish years of precedent overruled. WC carrier gets a free ride on the third party claim. Which basically means that few of these cases will be taken going forward and the carriers will collect even less than they do now. How to shoot yourself in the foot while simultaneously screwing over the injured worker.
Is it a free ride? I mean they’re the ones who’ve legitimately paid for the medical treatment, it’s not particularly fair requiring them to participate in a second separate action just to get their due. Seems more like PI attorneys trying to double dip against other tortfeasors are the ones trying to get a free ride. The right to collect from those entities should lie in subrogation with the worker’s comp carrier.
Namely, we hold that:
(1) there is no requirement that an insurer intervene or otherwise participate in the injured worker’s third-party claim to recover on its lien under NRS 616C.215(5);
(2) the Breen formula, created in direct conflict with the controlling statute, has proven unworkable and is therefore abandoned in favor of a straightforward lien analysis, under which the insurer’s lien applies to recovery from any third parties for the covered injuries without an allocation of the injured employee’s litigation fees and costs; and
(3) in contradiction of our holding in Poremba, NRS 616C.215(5) mandates that an insurer collect from the “total proceeds” of any recovery of an injured worker, including any portion allocated to noneconomic injuries.
It has worked just fine for decades, and this decision will cause more problems than it will solve. Why should I take a case if all I am going to effectively just be a free lawyer for the carrier while my client potentially gets next to nothing on the third-party claim? The end result will be that instead of getting ten or twenty cents on the dollar, the carriers will get nothing unless they hire their own lawyers. Screw them.
Absolute trash of a decision that leaves so many doors open and will have to be re-litigated in the future. I cannot believe they authored this decision to be honest or why they overruled a 40-year precedent that nobody complained about.
Now WC liens will get nothing because nobody will touch a WC case in a third party setting. Or, else, all PI cases will have to be interplead and WC can suck it along with all other providers and the attorneys will get their full fees. The only ones hurt more will be the injured people.
I think the decision makes sense. If an insurer pays to rehab an employee, and the employee recovers from a third party, the insurer should be reimbursed. This is especially so given workers comp is generally inadmissible, allowing plaintiffs to appear as if they are out of pocket and double dip on the recovery. This also does away with shady practice of allocating all of a settlement to pain/suffering so as to avoid having to pay anything to the insurer.
This viewpoint ignores the reality of subrogation: without a third party recovery, there is no money to be subrogated. An injured worker has to recover $1 to pay back every .60 of the lien just to cover attorneys fees. Collecting money costs money. Why should the WC carrier get the benefit of money collected while bearing none of the costs?
It doesn’t seem like plaintiffs attorney’s really care about injured clients, it seems like they just care about their money and that is why they are made at this decision. If they really cared about injured clients they wouldn’t send them to fake doctors.
What about the make whole doctrine? It’s one thing to create a rule that prevents the worker from profiting at the expense of the carrier, it is another thing entirely to create a rule that penalizes the injured party to the extent that it is the negligent party that ultimately profits by placing all of the costs and risks of the litigation on the injured party while the WC carrier rides for free.
Workers comps liens are admissible. There’s a statute that allows them. It’s not a double dip. Workers comp doesn’t give you pain and suffering. And now workers comp can even steal pain and suffering from an injured worker. Attorneys fees remain the same. Injured workers get screwed.
Wow! That stabbing story is pretty bad. Sounds a lot like the Uvalde shooting. Cowards with badges spending billions of our tax dollars to do fuck all.
I do not like the law but it is has been the law for 170 years in one form or another: Police have no duty to protect or intervene. See Castle Rock v. Gonzales
We should always question law enforcement’s use of the “protect and serve” mantra when they genuinely were not created nor have evolved to do either.
Guest
Anonymous
September 21, 2024 11:48 am
I honestly don’t understand voters’ commitment to keeping the Board of Regents independently elected. All the regents are good for is causing drama and running up legal fees.
Guest
Anonymous
September 22, 2024 12:51 pm
86775-COA interesting findings considering the trial judge is one of the most experienced family court judges on the bench. Family court truly is a trash fire.
What’s the real reason Cruz stepped down from chief JP role?
I asked Ty from the other day and he said “The reason is latches sub Rosa res judicata with a hippity hop.” I hope that clears it up for you.
By latches, did you mean laches?
cuz she finna lose
Sometimes I agree with the Nevada Supreme Court, and sometimes I don’t. That’s how it goes. But rarely has a decision disgusted and infuriated me as much as the one handed down yesterday in Amtrust v. Vasquez. I realize that one person’s vote doesn’t mean a whole lot, but I will not cast mine for anyone who signed on to this piece of trash.
Summary please
Breen and 40-ish years of precedent overruled. WC carrier gets a free ride on the third party claim. Which basically means that few of these cases will be taken going forward and the carriers will collect even less than they do now. How to shoot yourself in the foot while simultaneously screwing over the injured worker.
Is it a free ride? I mean they’re the ones who’ve legitimately paid for the medical treatment, it’s not particularly fair requiring them to participate in a second separate action just to get their due. Seems more like PI attorneys trying to double dip against other tortfeasors are the ones trying to get a free ride. The right to collect from those entities should lie in subrogation with the worker’s comp carrier.
Namely, we hold that:
(1) there is no requirement that an insurer intervene or otherwise participate in the injured worker’s third-party claim to recover on its lien under NRS 616C.215(5);
(2) the Breen formula, created in direct conflict with the controlling statute, has proven unworkable and is therefore abandoned in favor of a straightforward lien analysis, under which the insurer’s lien applies to recovery from any third parties for the covered injuries without an allocation of the injured employee’s litigation fees and costs; and
(3) in contradiction of our holding in Poremba, NRS 616C.215(5) mandates that an insurer collect from the “total proceeds” of any recovery of an injured worker, including any portion allocated to noneconomic injuries.
It has worked just fine for decades, and this decision will cause more problems than it will solve. Why should I take a case if all I am going to effectively just be a free lawyer for the carrier while my client potentially gets next to nothing on the third-party claim? The end result will be that instead of getting ten or twenty cents on the dollar, the carriers will get nothing unless they hire their own lawyers. Screw them.
Absolute trash of a decision that leaves so many doors open and will have to be re-litigated in the future. I cannot believe they authored this decision to be honest or why they overruled a 40-year precedent that nobody complained about.
Now WC liens will get nothing because nobody will touch a WC case in a third party setting. Or, else, all PI cases will have to be interplead and WC can suck it along with all other providers and the attorneys will get their full fees. The only ones hurt more will be the injured people.
Sincerely thank you for taking the time to explain that.
Surely the av rated former PD/DA judges of the EJDC are apprecative of the explanation too.
I think the decision makes sense. If an insurer pays to rehab an employee, and the employee recovers from a third party, the insurer should be reimbursed. This is especially so given workers comp is generally inadmissible, allowing plaintiffs to appear as if they are out of pocket and double dip on the recovery. This also does away with shady practice of allocating all of a settlement to pain/suffering so as to avoid having to pay anything to the insurer.
I think the court properly applied the statute. 2:24’s concerns are something that can be addressed by the legislature.
This viewpoint ignores the reality of subrogation: without a third party recovery, there is no money to be subrogated. An injured worker has to recover $1 to pay back every .60 of the lien just to cover attorneys fees. Collecting money costs money. Why should the WC carrier get the benefit of money collected while bearing none of the costs?
The carrier can file their own lawsuit
Much like 7/7 NSC Justices, you haven’t had much real-world experience representing claimants in these cases, have you?
It doesn’t seem like plaintiffs attorney’s really care about injured clients, it seems like they just care about their money and that is why they are made at this decision. If they really cared about injured clients they wouldn’t send them to fake doctors.
What about the make whole doctrine? It’s one thing to create a rule that prevents the worker from profiting at the expense of the carrier, it is another thing entirely to create a rule that penalizes the injured party to the extent that it is the negligent party that ultimately profits by placing all of the costs and risks of the litigation on the injured party while the WC carrier rides for free.
Workers comps liens are admissible. There’s a statute that allows them. It’s not a double dip. Workers comp doesn’t give you pain and suffering. And now workers comp can even steal pain and suffering from an injured worker. Attorneys fees remain the same. Injured workers get screwed.
I blame the PI attorneys for this
Wow! That stabbing story is pretty bad. Sounds a lot like the Uvalde shooting. Cowards with badges spending billions of our tax dollars to do fuck all.
I do not like the law but it is has been the law for 170 years in one form or another: Police have no duty to protect or intervene. See Castle Rock v. Gonzales
Yeah…it’s the law but that don’t make it right. Also, can we get a refund?
We should always question law enforcement’s use of the “protect and serve” mantra when they genuinely were not created nor have evolved to do either.
I honestly don’t understand voters’ commitment to keeping the Board of Regents independently elected. All the regents are good for is causing drama and running up legal fees.
86775-COA interesting findings considering the trial judge is one of the most experienced family court judges on the bench. Family court truly is a trash fire.