POREMBA VS. SO. NEVADA PAVING

Poremba vs. Southern Nevada Paving: Workers' Compensation Victory

This case involved a worker named Poremba who had received workers' compensation benefits and later settled a lawsuit against a third party (not his employer) related to the same injury. When Poremba tried to reopen his workers' compensation claim for additional benefits, the insurance company denied his request. The insurer argued that Poremba had to use up all his third-party settlement money first before they would consider reopening his case.

The Nevada Supreme Court sided with Poremba and overturned the denial. The court ruled that insurance companies cannot require workers to exhaust their third-party settlement funds before reopening a workers' compensation claim. Additionally, the court decided that insurers cannot seek reimbursement from portions of settlements that compensate for non-economic damages like pain and suffering.

This ruling is important for workers because it protects their right to pursue both workers' compensation benefits and third-party lawsuits without unfair restrictions. Workers can now reopen their workers' compensation cases even if they have settlement money remaining from other sources, and they can keep the portions of settlements meant to compensate them for their pain and suffering.