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Documented worker with the right to permanent disability



The Supreme Court of Nevada ruled that an undocumented worker who continues to suffer from pain and mental trauma due to an accident at work is entitled to permanent total disability, despite an insurance administrator's insistence that he cannot work due to his immigration status. his disability

The state supreme court on Monday unanimously confirmed a district court ruling in Associated Risk Management Inc. v. Ibanez that the carpenter was entitled to PTD status under the state's "odd-lot doctrine." [19659002] Manuel Ibanez worked as a carpenter for High Point Construction Inc. In 2014, a falling two-four hit him in the head, shoulder and back. He was treated with surgery for the next few years and suffered both physical pain and mental trauma, according to court documents.

Mr. Ibanez applied for PTD status, and his employer's insurance administrator, Associated Risk Management, denied the request, finding that his disability was only temporary and that he would be employable if he were eligible to work legally in the U.S. A Nevada Division of Industrial Relations official confirmed the denial. , but an appellate official reversed the decision. A district court refused to review the decision and Associated Risk appealed to the Nevada Supreme Court.

Associated Risk claimed that Mr. Ibanez was entitled to light work, but the Supreme Court agreed with the appellant's conclusion on his disability ̵

1; based on the state's odd lottery doctrine. The doctrine states that workers can qualify for permanent disability if they are not completely handicapped but "so handicapped that they will not be employed regularly in any well-known branch of the labor market."

The Supreme Court also rejected the Associated Risk's argument that Mr Ibanez could not work solely because of his legal status. The court ruled that medical reports of his injuries supported his claims of disability and that his immigration status was "irrelevant." Catalog

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