Yearly Archives: 2015


Low Back Pain is Leading Cause of Occupational Disability
By Jason Weinstock on December 23, 2015

According to the Department of Labor, low back pain accounts for one-third of all occupational mesculoskekletal injuries and illnesses resulting in work disability.  A recent article in the Journal of Occupational and Environmental Medicine, December 2015,  states that two thirds of low back pain cases return to work within 1 month, but a substantial number … Continue reading Low Back Pain is Leading Cause of Occupational Disability

7 Useful Definitions for Understanding Your PPD Evaluation
By Jason Weinstock on December 21, 2015

In order to fully understand your Permanent Partial Disability evaluation, you need to know the meaning of a few of the important terms used by the rating doctors: AMA Guide to Evaluation of Permanent Impairment, 5th Edition-   This is the book that the rating doctors in Nevada must use when determining the injured worker’s percentage … Continue reading 7 Useful Definitions for Understanding Your PPD Evaluation

Misdiagnosis and Traumatic Brain Injuries
By Jason Weinstock on December 11, 2015

I am attaching a good article from another law firm on the Misdiagnosis and Traumatic Brain Injuries.  With injured workers often receiving sub-optimal medical care even when they can speak up and voice complaints, the worker with a brain injury is at greater risk of not getting appropriate care.   If you question whether a loved … Continue reading Misdiagnosis and Traumatic Brain Injuries


Horror Stories On Opt-Out and Workers’ Comp Laws Worse than Nevada’s Laws
By Jason Weinstock on November 12, 2015

Every year I attend a Larson Advisory Board luncheon scheduled during the National Workers’ Compensation and Disability Conference in Las Vegas.  Advisory Board members are attorneys from various states who blog and contribute articles on workers’ compensation law to the Larson’s Series of publications.  The Board members discuss trends and the hottest legal issues. This … Continue reading Horror Stories On Opt-Out and Workers’ Comp Laws Worse than Nevada’s Laws

Can’t Afford to Pay for Medical Care?
By Jason Weinstock on November 4, 2015

Many of our clients are unable to afford medical treatment for their injuries because they do not have health insurance. If you are not receiving medical treatment and you do not have health insurance, be aware that Open Enrollment to participate in a health insurance plan through Marketplace Exchanges (the Affordable Care Act or “Obamacare”) … Continue reading Can’t Afford to Pay for Medical Care?

Work Comp attorneys have been busy!
By Jason Weinstock on October 16, 2015

The monthly meeting of the workers’ compensation attorneys who represent injured workers was named the Workers Comp Working Group by the Nevada Justice Association with the presentation of a plaque. It was given to attorneys from the group who attended the annual NJA conference this past weekend in Long Beach California. JP Kemp, Jason Mills, … Continue reading Work Comp attorneys have been busy!


Shame on DIR-Lame response to petition
By Jason Weinstock on September 14, 2015

I wish I could say I’m surprised by the lame response by DIR (Division of Industrial Relations) to the Petition I file d in July for DIR to do its job and have an actuary review the discount rate used to convert permanent partial disability awards to present value lump sums.  After you read DIR’s … Continue reading Shame on DIR-Lame response to petition

Rating hearing impairments
By Jason Weinstock on September 2, 2015

I get so many questions about hearing impairments that I am attaching a link to a recent explanation written by rating doctor Michael Glick, D.O., that appeared in the DIR Medical Unit’s Seminar 2015 newsletter. Please note that a 5% for tinnitus converts to a 2% whole person award. Some doctors will award for tinnitus … Continue reading Rating hearing impairments

DIR Conference Oriented Toward Insurers
By Jason Weinstock on August 24, 2015

The fifth annual Division of Industrial Relations Workers’ Compensation conference, held on August 19 and 20, 2015, was attended mostly by people servicing employers , insurers,  and third-party administrators in the workers’ compensation industry in Nevada.  Few of the speakers focused on educating the attendees about the needs of injured workers, with the notable exception … Continue reading DIR Conference Oriented Toward Insurers


Getting benefits after you win your case
By Jason Weinstock on August 21, 2015

I have a lot of information on my website, blog posts, and Youtube videos for those injured workers in Nevada who want to represent themselves at hearings.  But it appears that I haven’t addressed an important topic for those of you who successfully contest a claim denial and win your case in front of a … Continue reading Getting benefits after you win your case

DIR Undertakes Long-Overdue Review of Discount Rate
By Jason Weinstock on August 20, 2015

The following is an article from WorkCompCentral, an online workers’ compensation news reporting service and resource center for the work comp industry and injured workers.   I haven’t received a response from DIR to the Petition to Amend Regulation that I filed on July 29.  DIR has 30 days to respond to that Petition.  I am … Continue reading DIR Undertakes Long-Overdue Review of Discount Rate

Guest Blog Post by Stacy Rocheleau, Esq
By Jason Weinstock on August 17, 2015

Family law attorney Stacy Rocheleau with RIGHT Lawyers has written a guest blog post for my clients on how to stay married.  Thanks, Stacy for the great advice:   Divorce Lawyer Marriage Tips by Stacy Rocheleau, Esq.  Learning how to have a better marriage from a divorce lawyer might seem a little odd.   My job … Continue reading Guest Blog Post by Stacy Rocheleau, Esq


Lump Sum PPD Awards Not Right in Nevada
By Jason Weinstock on August 3, 2015

Question:  Why is the PPD lump sum so much less than the total  installment amount?   Answer:  An injured worker may take up to a 25% whole person permanent partial disability award in a lump sum reduced to  present value under Nevada law (NRS 616C.495).  Present value means the current worth of all the installment payments … Continue reading Lump Sum PPD Awards Not Right in Nevada

2015 Changes to Nevada Police/Firefighter Heart and Lung Laws
By Jason Weinstock on July 24, 2015

The 2015 legislative session made a major change in SB 153 to the heart and lung statutes regarding the application of a conclusive presumption of compensability. A conclusive presumption means that the ill police officer or firefighter does not have to prove that an occupational exposure caused a disabling heart or lung disease. It also … Continue reading 2015 Changes to Nevada Police/Firefighter Heart and Lung Laws

Permanent Partial Disability Evaluations-2014
By Jason Weinstock on July 13, 2015

Thank you to Katherine Godwin, Supervisor of the Medical Unit, at the Devision of Industrial Relations-Workers Compensation Section, for providing me with the number of rating evaluations in Nevada for fiscal year 2014 (July 1, 2013 through June 30, 2014). A total of 5405 ratings were assigned by DIR, with 1249 in the North, 3749 … Continue reading Permanent Partial Disability Evaluations-2014


New Spanish blog
By Jason Weinstock on July 13, 2015

Please spread the word that I am also writing a Spanish blog now, accessible from my website. As with my English blog posts, I  write my own articles unless I’m featuring a guest author.  (Yes, my legal assistant does need to help me with translation and grammar.)  My Spanish posts will focus on the  needs … Continue reading New Spanish blog

New Nevada Supreme Court Decision on Suing Contractors
By Jason Weinstock on July 7, 2015

Employers who comply with Nevada law by purchasing workers’ compensation insurance are protected from lawsuits for personal injuries brought by injured workers.  The injured worker’s exclusive remedy when the accident is work-related is to seek workers’ compensation benefits by following the procedures in the Nevada Industrial Insurance Act (NRS Chapter 616).  Co-workers are also protected … Continue reading New Nevada Supreme Court Decision on Suing Contractors

Nevada Work Comp Benefits for Injuries after 7/1/15
By Jason Weinstock on June 29, 2015

Nevada employees whose work-related accident or occupational illness occurs after 7/1/15 are entitled to receive the lesser of 2/3 of their actual average monthly, or 2/3 of the state maximum average monthly wage of $5,426.25.   If the injured worker was making more than the state maximum, she is only entitled to receive 2/3 of the … Continue reading Nevada Work Comp Benefits for Injuries after 7/1/15


Sterling Education’s Advanced Workers’ Compensation Seminar
By Jason Weinstock on June 24, 2015

Sterling Education Services provides educational seminars all over the country for several fields of law, including workers compensation. On August 19, 2015, Sterling Education is hosing their 13th Annual Advanced Workers’ Compensation forum at the Embassy Suites in Las Vegas, Nevada. Each year, this forum proves to be an exceptional opportunity for all professionals involved … Continue reading Sterling Education’s Advanced Workers’ Compensation Seminar

Injured Workers in Nevada Survive 2015 Legislative Changes
By Jason Weinstock on June 2, 2015

The 78th session of the Nevada legislature closed last night with a close call for Nevada’s most severely injured workers.   The self-insured employers’ lobbyist tried a last minute attack on how  permanent partial disability awards are calculated by pushing for adoption of the 6th edition of the AMA Guides to Evaluation of Permanent Impairment.  Changing … Continue reading Injured Workers in Nevada Survive 2015 Legislative Changes

Work-Related Traumatic Brain Injuries in Nevada
By Jason Weinstock on June 1, 2015

Traumatic brain injuries that happen at work are almost always caused by a fall from a ladder, the roof of a building, the top of a truck, scaffolding, or on a construction site.   The injured worker may or may not lose consciousness immediately following the accident, and there are usually other physical injuries such as … Continue reading Work-Related Traumatic Brain Injuries in Nevada


Physician Progress Report: Get one every doctor visit
By Jason Weinstock on May 27, 2015

Following every visit to your authorized treating doctor, be sure to ask the doctor or his assistant for a copy of the doctor’s physician progress report.  There is a DIR-approved form that most doctors use, although some have modified the form to include their office address, phone number, and have slightly different boxes for slightly … Continue reading Physician Progress Report: Get one every doctor visit

Cancer in Nevada Firefighters
By Jason Weinstock on May 20, 2015

Fire fighters have a law entitling them to workers’ compensation benefits under a law written especially for fire fighters.  NRS 617.453 provides for a rebuttable presumption that a cancer is work-related for fire fighters with 5 years or more of full-time, continuous employment if the   person was exposed to a known carcinogen and the carcinogen is … Continue reading Cancer in Nevada Firefighters

Should I Attend a PPD When I Need More Treatment?
By Jason Weinstock on May 15, 2015

As you know, I offer a free review of your Nevada  rating evaluation on your workers’ compensation claim if you fax it to me with what you think might be wrong with the rating. My fax number is (702) 731-9097.  Additionally, I will be posting one of my readers’ questions regarding permanent partial disability awards … Continue reading Should I Attend a PPD When I Need More Treatment?


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