Category / Topic Archives: Appeals
Workers Compensation New Case Law Updates in 2023
By Jason Weinstock on March 18, 2024 Posted in Nevada Supreme Court2023 Workers’ Compensation New Case Law Update The Nevada Supreme Court/Court of Appeals published 4 opinions in workers’ compensation cases this past year. These 4 cases have had an immediate impact on the way cases are viewed and moving forward. While the summary below is my interpretation of the cases, it is important to know … Continue reading Workers Compensation New Case Law Updates in 2023
Appealing a Hearings or Appeals Officer’s Decision.
By Jason Weinstock on January 31, 2020 Posted in Appeals,Information CenterThe deadline for appealing a Hearings or Appeals Officer’s decision is 30 days. This is a shorter time frame than the typical appeal deadline for determinations from the adjuster. Deadlines to appeal are quick, frequent, and jurisdictional in workers’ compensation. Jurisdictional in this sense means that if you fail to appeal a Hearing Officer or … Continue reading Appealing a Hearings or Appeals Officer’s Decision.
The Nevada Supreme Court Addresses the Traveling Employee Rule in Recent Decision.
By Jason Weinstock on December 20, 2019 Posted in Appeals,Benefits,Information CenterThe Nevada Supreme Court has not previously clarified how to treat an employee who travels for work and is injured while away. The question in Buma v. Providence Corp. Development is whether employees that travel for work are covered by workers’ compensation insurance and to what degree. The analysis starts with NRS 616C.150(1) that states … Continue reading The Nevada Supreme Court Addresses the Traveling Employee Rule in Recent Decision.
Getting benefits after you win your case
By Jason Weinstock on August 21, 2015 Posted in Appeals,Benefits,Claims,Information CenterI 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
Petitions for Judicial Review in Nevada
By Jason Weinstock on January 9, 2015 Posted in AppealsThe most important hearing on a contested workers’ compensation case in Nevada is the one before the the appeals officer, because that hearing is recorded, it is the last avenue for presenting witnesses or documentary evidence on the contested issue, and the appeals officer’s decision is difficult to attack. However, any of the parties who … Continue reading Petitions for Judicial Review in Nevada
When a Win is Not a Win- Stay Orders
By Jason Weinstock on October 1, 2014 Posted in Appeals,ClaimsIf an injured worker in Nevada successfully convinces a hearing officer to reverse an adjuster’s action on a claim, the insurer and/or the employer has the right to file an appeal to an appeals officer. The insurer or employer must file their appeal within 30 days (plus 3 days for mailing of the hearing officer’s … Continue reading When a Win is Not a Win- Stay Orders
Representing Yourself at Hearings on Your Nevada Comp Claim
By Jason Weinstock on March 31, 2014 Posted in AppealsFor those people who want or who must represent themselves at the first level of hearings, you need to read the Rules of Practice. These are the rules that the hearing officers expect attorneys and hearing advocates to know when they appear for a hearing. Although the hearing officers do not expect unrepresented … Continue reading Representing Yourself at Hearings on Your Nevada Comp Claim
Nevada Hearings and Appeals:What to Expect
By Jason Weinstock on January 7, 2014 Posted in AppealsI put together a series of videos on hearings and appeals to show injured workers the physical location of the two offices where hearings and appeals are held on contested Nevada workers’ compensation claims, and what to expect at each hearing. The address for the Hearings Division and Appeals Division is 2200 S. Rancho Drive, … Continue reading Nevada Hearings and Appeals:What to Expect
Hearings and Appeals Statistics for 2012
By Jason Weinstock on October 10, 2013 Posted in AppealsIf you are wondering how often the hearings or appeals officer rule in favor of insurers or injured workers, here are a few statistics from the Department of Administration Hearings Division that may give you a rough idea. These statistics are for the state’s fiscal year that runs from July 1, 2011 to June … Continue reading Hearings and Appeals Statistics for 2012
The Non-Response (De Facto) Denial
By Jason Weinstock on August 23, 2013 Posted in AppealsInjured workers have the right to file an appeal if the claims adjuster does not respond to a written request within 30 days. Attorneys are usually the only ones that know that when the adjuster fails to respond, it is called a de facto denial, and a hearing officer can decide whether the requested benefits … Continue reading The Non-Response (De Facto) Denial
Drug and Alcohol Intoxication Not Always a Losing Case
By Jason Weinstock on April 26, 2012 Posted in AppealsA blog post by Thomas A. Robinson for Lexis Nexis discusses a recent case involving Utah’s law that presumes that an injured worker is intoxicated and that the accident was caused by intoxication if any illicit drug or alcohol is found in the injured worker after the accident. The case concerns a construction worker who stepped off … Continue reading Drug and Alcohol Intoxication Not Always a Losing Case
After the Appeals Hearing Is Too Late
By Jason Weinstock on May 25, 2011 Posted in AppealsI receive many calls from injured workers who want me to take their case after they lost their case at the appeals officer level. Unfortunately, neither I, nor any of the more experienced workers’ compensation attorneys, will agree to take over a case after the appeals officer hearing. Here’s why you won’t be able to find a … Continue reading After the Appeals Hearing Is Too Late
5 Tips for Doing It Yourself at the Hearings Officer Level
By Jason Weinstock on March 21, 2011 Posted in Appeals1. File the request for hearing on time at the right place. Each time your adjuster sends a letter regarding your medical care or your benefits, appeal rights are included at the end of that letter. A request for hearing form should be included so that you may file an appeal if you disagree with the letter. You have … Continue reading 5 Tips for Doing It Yourself at the Hearings Officer Level
More Probable Than Not
By Jason Weinstock on March 15, 2011 Posted in Appeals,ClaimsUnder Nevada workers’ comp law, the burden of proof is on the injured worker to show that it is more probable than not that the injury or claimed occupational disease is work-related. This makes it very difficult to get a claim accepted if your doctor isn’t certain that your injury or illness should be treated under a comp claim. Your doctor … Continue reading More Probable Than Not
8 Letters that May Require Legal Action Now
By Jason Weinstock on March 11, 2009 Posted in Appeals1. The claim acceptance or denial letter. If your claim is denied, no medical or compensation benefits will be paid, and the clinic that provided emergency medical care will start billing you. You must file a request for hearing within 70 days of the date of the denial letter on the form included with the … Continue reading 8 Letters that May Require Legal Action Now
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