Workers' Compensation Attorney

On June 4, 2020, the Senior Appeals Officer at the Nevada Department of Administration, Appeals Division, released a statement regarding the Department of Administration’s plan to reopen. June 4, 2020, also marked the start of casino reopening, a major step in the economic recovery for Nevada. The Senior Appeals Office is putting in place a 5-phase plan to reopen the Department of Administration, that puts safety of their employees, attorneys, and injured workers to the forefront. Below is a recap of the workers’ compensation COVID-19 update issued by the Senior Appeals Officer.

Phase 1 (The Department of Administration is currently in this phase.)

• • No in-person hearings or appeals.
    • Only telephonic hearings and appeals.
  • All documents must be submitted/filed via USPS.
  • Requests for hearings before the Hearing/Appeals Officers may be filed by email at hearingsandappeals@admin.nv.gov.
  • Department of Administration staff are taking extreme precautions to sanitize equipment and continue to maintain following social distancing guidelines.

Phase 2 (Estimated effective date 6/22/2020.)

• • Documents can be filed at the Victims of Crime office (Suite 210-A) inside the Department of Administration (2200 S. Rancho Dr., Las Vegas, NV 89102).
    • All persons entering the building are required to wear a mask and may be subject to infrared thermometer checks.
  • All hearings before the Hearing Officers will continue to be done telephonically.
  • All hearings before the Appeals Officers will continue to be done telephonically, unless a request to hold a video conference hearing is granted.
    • Currently, only one courtroom has the capability to conduct video hearings.

Phase 3 (Estimated effective date is 30-45 days after Phase 2.)

• • In-person hearings will be available by request only, for hearings before the Appeals Officers.
    • This is contingent upon successful installation of protective Plexiglass barriers at the lobby of the front counter.
    • Only 2 courtrooms will be open for in-person hearings and participants are to wait in their cars or parking lot until called by the appeals officer.

Phase 4 (Estimated effective date is 30-45 days after Phase 3.)

• • Documents and requests for hearings can return to being filled at both the Hearings and Appeals office front counters.
    • Contingent on Plexiglass being installed at both front counters.
  • In-person hearings before the Hearing Officers will be available by request only.
    • Only 2 hearing rooms will be available in both the morning and afternoon.
    • Participants are to wait in their cars or parking lot until called by the hearing officer.

Phase 5 (Estimated effective date is 30-45 days after Phase 4.)

• • Both lobbies for Hearings and Appeals are reopened to allow participants to wait inside the building for their hearings.
    • Seating will be arranged to maintain social distancing.
  • It will be considered to open additional courtrooms/hearing rooms for in-person hearings.
    • They Department of Administration will try to implement a system that allows counsel to choose between an in-person, video, or telephonic hearing when notices of hearing are sent out.

Though many claimants, attorneys (on both sides), and hearing/appeals officers would like things to return to “normal,” I applaud the Senior Appeals Officer for giving some guidance and providing clearer guidelines to a reopening and “new normal.”

The Department of Administration is still behind in scheduling hearings and appeals that were filed, as there were over 1500 hearings and appeals filed during the closure. Patience and understanding is going to be necessary as we all await hearing and appeal dates.

Give me a call or send an email for a free consultation if you have questions or concerns about your Nevada workers’ compensation claim.