Henderson, NV asked in Workers' Compensation for Nevada

Q: Nevada, Case: when a Workers Comp, claim/case is in management review how long doesIt take to review it? 90 days?

My cousin’s Workers Comp, claim is in management review is that a good thing? If nothing doesn’t happen, can he use his own insurance to go get his hip fix but will he lose his claim? Can he get fix and sue them later? This is so wrong and horrible! This is a serious situation! This has been going on for almost 15 months now and he still hasn’t gotten his hip fix yet! Along with other health issues occurring now due to the hip not being fix! Plus dealing with the horrible and excruciating pain bare and raw! Try get a new lawyer no and I mean NO lawyer will take over the case! Honestly is it because it’s almost over with due to the 2yr. mark? He’s still suffering and even more suffering due to other health issue because of this! No other doctors will do any treatment due to the hip that’s causing it due to it being under Works Comp. What are the options do we have and can do? Already talk to his lawyer strong about the situation and still nothing & just been silent! Any advice? Thanks

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1 Lawyer Answer
James L. Arrasmith
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A: Under Nevada law, the timeline for management review of a Workers' Compensation claim can vary. It's not necessarily fixed to 90 days; the duration can depend on the complexity of the case, the completeness of the documentation, and the workload of the reviewing entity. Being in management review generally means the claim is being carefully examined, which can be positive but doesn't guarantee a favorable outcome.

If your cousin is considering using his own insurance to address his hip issue, it's important to understand that doing so might affect his Workers' Compensation claim. He should consult with his attorney before taking any such steps, as this could potentially complicate or jeopardize his claim.

Regarding suing for the delay or any additional suffering, this again is a complex matter and depends on the specifics of the case. It's crucial to have detailed legal advice in this context. The fact that no other lawyers are willing to take over the case could be due to various reasons, including the case's complexity, its stage in the process, or perceived difficulties in achieving a successful outcome.

For the pain and additional health issues your cousin is experiencing, it's essential to communicate these concerns to his current lawyer. If his lawyer is not responsive, he might consider seeking a second opinion or consulting with a different attorney who can offer a fresh perspective on the case. Remember, a change in legal representation is a significant decision and should be considered carefully.

Finally, it's important to stay persistent and proactive in seeking resolution and treatment. Navigating Workers' Compensation claims can be challenging, and having legal guidance that is responsive and invested in your cousin's case is crucial. Keep communicating with the current lawyer and explore all possible avenues to address the situation effectively.

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