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Workers' Compensation Subrogation In All 50 States - 5th Edition - Hardcover
Workers' Compensation Subrogation In All 50 States - 5th Edition - Electronic
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§ 11.29 Nevada
§ 11.29[1] Statutory Subrogation Rights
Nevada's Industrial Insurance Act provides the rights and
remedies of an employee injured as the result of an injury sustained
in the course of employment.1 Nevada is one of the more confusing
states for workers' compensation subrogation. This is due in no small
part to the fact that, prior to January 1, 2000, Nevada was a
monopolistic state and had a public workers' compensation system
known as the State Industrial Insurance System (SIIS). The SIIS was
the only workers' compensation carrier allowed in Nevada and
Nevada law required every employer with one or more employees to
obtain workers' compensation coverage with the exception of certain
large employers who could be self-insured. On January 1, 2000, that
system changed to a private system of workers' compensation and
the SIIS changed its name to Employers Insurance Company of
Nevada. This change from a public to a private system has skewed
much of the workers' compensation subrogation law and made the
area a confusing one for claims handlers, lawyers and claimants.
Nevada was actually one of the first states to enact workers'
compensation laws with the primary purpose of providing economic
assistance to persons who suffered disability or death as a result of
their employment.2 Historically, Nevada courts have liberally
construed workers' compensation laws to grant benefits rather than
deny them.3 However, in 1993, the legislature adopted a new
legislative declaration for the industrial insurance statutes that
repudiates the application of common law principles and requires
statutes governing workers' compensation to be interpreted according
to their plain meaning.4
§ 11.29 Nevada
§ 11.29[1] Statutory Subrogation Rights
§ 11.29[2] Third Parties
§ 11.29[3] Allocation of Third-Party Recovery
§ 11.29[4] Attorneys' Fees and Costs
§ 11.29[5] Credit/Advance
§ 11.29[6] Related Subrogation Issues
§ 11.29[7] Statutes of Limitations
§ 11.29[8] Workers' Compensation in Nevada
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. Mr. Wickert is also a politician in Wisconsin, serving his fourth term as Town Supervisor in the Township of Cedarburg. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., he returned to his native Wisconsin in 1998 and co-founded the firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 300 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 250 insurance companies. Gary Wickert is also a commercial fiction author and his latest political thriller, Dark Redemption (Tudor Publishers), is available on Amazon.com.
Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also nationally certified as a Civil Trial Advocate by the National Board of Trial Advocacy (NBTA), for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For nearly twenty-five years, he has also served as an expert witness on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He is one of only a few lawyers to have ever represented a client before the United States Supreme Court on a subrogation issue, and was named one of Law & Politics and Milwaukee Super Lawyers magazine's Super Lawyers for 2005, 2006, and 2008. For a complete resume on Gary L. Wickert, see Appendix A-13 of this book.
