Category / Topic Archives: Benefits
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
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
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
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
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 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
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
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
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
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
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
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
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?