Category / Topic Archives: Appeals
The 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 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.
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
The 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
If 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
For 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
I 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
If 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
Injured 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
A 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
I 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
1. 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
Under 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
1. 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