Yikes! It is bad enough to hurt yourself at work one time, but can you
imagine doing it again, shortly after you originally injured yourself?
What happens then? This is really complicated where there are two injuries
and successive employers.
When this happens, the Appeals Officer typically is the one who has to
make a ruling of law which Employer is responsible for the injury. The
question that we all ask is whether the injured worker has had a recurrence
of the first injury, or whether there is an aggravation, resulting in
a new injury. If it is a recurrence, then it belongs on the first injury,
while an aggravation would belong on the second injury. This is a very
tricky area of the law, so it is very important to obtain Counsel for
Many times, Employers will simply blame each other, which is why the Appeals
Officer often times has to make the decision. In Nevada, there is something
called the Last Injurious Exposure Rule.
See Grover C. Dils Med. Ctr. v. Menditto, 112 P.3d 1093 (2005). This case discusses what is considered a recurrence
and what is considered an aggravation.
Depending upon what the law says, it may affect which Employer is responsible
for your entire injury, regardless of whether it was first or second.
Like many areas in
Workers’ Compensation in Nevada, the Last Injurious Exposure Rule unique to each and every case,
and requires careful evaluation by an experienced lawyer to ensure you
are in the best position possible for securing the compensation and benefits you need.
Contact Shook & Stone if you have questions about your case!