Category / Topic Archives: Benefits
On October 8, 2020, the Nevada Supreme Court published their decision in Clark County v. Brent Bean, 136 Nev. Adv. Op. 65 (2020). The Court took the opportunity to agree with the District Court’s reasoning to deny Clark County’s Petition for Judicial Review that permanent partial disability (“PPD”) benefits differ from temporary total disability (“TTD”) … Continue reading The Nevada Supreme Court Says That PPD Benefits Can Be Paid After An Employee Retires.
Previously, I wrote a blog about SB 381, which was a bill passed in the 2019 legislative session that changed how workers’ compensation developed and published their provider lists. SB 381 was codified in the Nevada Revised Statutes at NRS 616C.087. This new statute dictates how many doctors for each specialty an insurer must has … Continue reading New Workers’ Compensation Provider Lists
Frequently I am asked by potential clients and current clients whether there is a settlement at the end of their workers’ compensation case or how much their case is worth. This question is often hard or impossible to answer. Sometimes, I can estimate whether I think you are likely to have a permanent partial disability … Continue reading 3 Things to Check to Determine If Your PPD Award / Workers’ Compensation Settlement Is Correct.
A lot of clients have this question. Frustration often sets in immediately after the injury, but can be made worse if the injured employee feels she is not being treated fairly at work, is not receiving TTD (pay for being out of work) benefits, receiving TTD benefits, or their employer is not following their work … Continue reading If I Have A Workers’ Compensation Claim, Can I Find a New Job?
For Fiscal Year 2021, which began on July 1, 2020, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,275.73. This is applicable to injuries on claims filed after July 1, 2020. If you have a claim established already, this increase will not affect your benefits. The maximum temporary total … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2020 (FY 2021).
In a previous blog post I talked about SB 381, which was passed in the 2019 legislative session. SB 381 created some much-needed changes and added regulation in how the Division of Industrial Relations (DIR) compiles their treating provider list. Prior to SB 381 the DIR’s treating provider list had over 4,000 providers, 50% of … Continue reading New Treating Panel of Workers’ Compensation Doctors is Now Posted!
In 2015 Attorney Virginia Hunt, along with a group of other claimant’s attorneys, determined that the Division of Industrial Relations (DIR) had been slacking on their statutory duties to update the actuarial annuity table used in the calculation of permanent partial disability (PPD) awards. It was determined that the actuary table being used had not … Continue reading New 2020 Actuarial Tables Released On June 23, 2020, Go Into Effect On July 1, 2020.
If you are injured at work, it is important to know what you are entitled to and what are Nevada workers’ compensation benefits. The Nevada Industrial Insurance Act (NIIA) is the act that governs Nevada’s workers’ compensation in conjunction with NRS 616 – 617 and NAC 616 – 617. In short Nevada’s workers’ compensation benefits … Continue reading What Are Nevada Workers’ Compensation Benefits?
When you are injured at work, your treating physician gives you a physician’s progress report (PPR) or a work activity report. These reports inform you, your workers’ compensation adjuster, and your employer of any work restrictions you may have. The PPR will guide your light duty job offer. On the PPR there is a place … Continue reading What Are Light Duty Job Offers and What Should I Look For?
Effective January 1, 2020, the mileage reimbursement decreased for 2020. The rate for workers compensation related travel has been decreased from 58 cents per mile to 57.5 cents per mile. The Division of Industrial Relations publishes the change at the beginning of every year. This years change was announced on January 3, 2020, and can … Continue reading Workers’ Compensation Mileage Reimbursement Decreased for 2020, Effective January 1, 2020.
Changes to Nevada Workers Compensation Law for Stress (PTSD) Claims and Concurrent Wages After the Passing of AB 492.By Jason Weinstock on December 27, 2019 Posted in Average Monthly Wage,Concurrent wages,Legislative proposals,psychological injury
AB 492 was a “two birds with one stone” bill that was passed during the 2019 legislative session. The bill brought much needed changes to Nevada workers compensation law for both stress claims and the calculation of concurrent wages! Changes Made to the Statute for Stress Claims. NRS 616C.180 is the statute that governs claims … Continue reading Changes to Nevada Workers Compensation Law for Stress (PTSD) Claims and Concurrent Wages After the Passing of AB 492.
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.
Vocational rehabilitation is one the few things/programs I like about the Nevada workers’ compensation system. In short it offers injured workers the ability to learn a new trade and find a job, when they can no longer return to their previous employment. See my blog on vocational rehabilitation for more information. The conclusion of the … Continue reading 2019 Brought Positive Changes To Vocational Rehabilitation!
The Division of Industrial Relations (DIR) held an important training this week (11/13/19) to discuss the implementation of new workers’ compensation provider lists after the passing of SB 381. The DIR is part of the State of Nevada Department of Business and Industry. They are the regulatory agency that more or less oversees workers’ compensation … Continue reading The Division of Industrial Relations Held an Important Training this Week (11/13/19).
Nevada workers’ compensation doctors are typically picked from the workers’ compensation insurer’s provider list. What does that even mean? Workers’ compensation insurance companies have a list of doctors who are in their network and are willing to see injured workers. Recent changes in the law effective in January 2020 will require these insurance companies to … Continue reading Picking a Workers’ Compensation Doctor in Nevada.
Occasionally, an injured worker’s injuries are so severe that even after medical treatment has concluded they cannot return to work doing what they used to do. Injured workers in this position may not be out of options for future employment… often they will be eligible for vocational rehabilitation. What is vocational rehabilitation? Vocational rehabilitation consists … Continue reading What happens if you can’t return to your pre-injury employment?
Average Monthly Wage for Fiscal Year 2020 Increases. For Fiscal Year 2020, which begins on July 1, 2019, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,096.60. This is applicable to injuries on claims filed after July 1, 2019. If you have a claim established already, this increase will … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2019 (FY 2020).
Claimants love it and insurers don’t… the famous/infamous NRS 616C.145. Prior to the 1990’s Nevada workers’ compensation claims used to be liberally construed in favor of the injured worker, claims would move much faster, and the whole process was much less burdensome than it is today. It was in the 1990’s that the wind shifted … Continue reading Nevada Workers Compensation Law NRS 616C.145
The “PPR” serves several very important purposes. The PPR (Physician’s Progress Report) can be viewed as an injured worker’s report card from their treating physician. Insurance adjusters often get these reports directly from the treating doctor, however, injured workers can also get a copy after each appointment with their doctor. It is my recommendation that … Continue reading Why is the infamous PPR (Physician’s Progress Report) so important?
In most cases, it is the Insurer who is responsible for paying the cost of a Permanent Partial Disability exam. However, in some cases, the burden falls on the injured worker. Unfortunately, this burden just got a bit heavier for injured workers to carry in these rare situations. Effective February 1, 2016, the cost of … Continue reading Cost of PPD increased
An FCE is a Functional Capacity Evaluation that takes about 2-3 hours at a physical therapist’s office selected by the adjuster to help the treating doctor determine whether the injured worker should have permanent work restrictions. More and more treating physicians are requesting that they be done before the doctor gives permanent work restrictions. Unfortunately, … Continue reading What happens when your FCE is invalid?
Effective January 1, 2016, the reimbursement rate for workers compensation related travel has been decreased significantly from 57.5 cents per mile to 54 cents per mile. Injured workers are eligible for mileage allowance under NAC 616C.150. Mileage is eligible for reimbursement if the injured worker is traveling to a doctor’s appointment related to his or her workers … Continue reading Mileage reimbursement decreased in 2016
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
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