Category / Topic Archives: Benefits


Legislative Update on Bills Affecting Injured Workers
By Jason Weinstock on March 31, 2015

Steve Miller ran two articles today in the Nevada Journal on the proposed legislation that would allow injured workers greater rights to choose their treating physicians. Let’s hope that Nevada’s lawmakers read them and pay particular attention to how ineffective DIR is with regard to looking out for the interests of injured workers as we … Continue reading Legislative Update on Bills Affecting Injured Workers

2015 Cost of Nevada PPD Exam
By Jason Weinstock on March 18, 2015

Effective 2/1/15 through 1/31/16, the cost of a permanent partial disability evaluation on a Nevada workers’ compensation claim is $754.62. That is for two body parts. The cervical spine is considered one body part, the thoracic spine another body part, and the lumbar spine would be a separate body part. For each additional body part … Continue reading 2015 Cost of Nevada PPD Exam

Choose Your Doctor Legislation: Need Testimony and Letters
By Jason Weinstock on March 9, 2015

Nevada injured workers can do something about the current law that limits their choice of treating doctors to those on their industrial insurers’ provider lists. The Nevada Chiropractic Association has sponsored a bill, AB 187, that would amend current law and would allow injured workers to treat with a doctor who is willing to accept … Continue reading Choose Your Doctor Legislation: Need Testimony and Letters


Peripheral Nerve Physician in Las Vegas: Tim Tollestrup
By Jason Weinstock on March 9, 2015

There was a lengthy article in the Las Vegas Review Journal today about the only peripheral nerve surgeon in Las Vegas, Nevada- Tim Tollestrup, M.D. I wrote about meeting him previously in a post in October 2012. Since then, I’ve had half a dozen workers compensation claimants treat with him, with excellent results. Additionally, he … Continue reading Peripheral Nerve Physician in Las Vegas: Tim Tollestrup

Neurosurgeon Randal Peoples on Neck and Back Surgery
By Jason Weinstock on February 21, 2015

Neurosurgeon Randal Peoples, M.D. spoke to a dozen claimants’ attorneys and interested health care providers recently about his philosophy in treating spinal injuries. He acknowledged that he has a reputation for being conservative about recommending surgery and stated that being a good surgeon is knowing when not to operate. Dr. Peoples emphasized that the patient’s … Continue reading Neurosurgeon Randal Peoples on Neck and Back Surgery

The Blame Game- Unhealthy Lifestyles and Work Comp
By Jason Weinstock on February 4, 2015

I believe that people are responsible for their actions in life, particularly decisions they make that affect their own personal health. Although I represent injured people, I may personally disagree with a sensational jury verdict against a deep-pocket corporation where it doesn’t appear that the plaintiff (person suing) was looking out for their own health … Continue reading The Blame Game- Unhealthy Lifestyles and Work Comp


Prescription Help for Injured Workers
By Jason Weinstock on February 4, 2015

Yesterday I met with Amie Pellegrini, the Nevada business manager for IW Pharmacy, an online prescription company that services injured workers. My staff and I have been having such difficulty getting prescriptions filled timely for clients, with many administrators using intermediary drug companies that only confuse and delay medication fills. This company promises to quickly … Continue reading Prescription Help for Injured Workers

Mileage reimbursement update
By Jason Weinstock on January 14, 2015

Effective January 1, 2015, the reimbursement rate for workers compensation related travel has been increased from $.56 per mile to $.575 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 compensation … Continue reading Mileage reimbursement update

Your Privacy and Medical Authorization Releases
By Jason Weinstock on January 7, 2015

Some third-party administrators of Nevada workers’ compensation claims routinely send injured workers their own medical release forms which give the adjuster authorization to request any and all medical records from any medical providers. I don’t have my clients sign those overly broad medical releases. They are an invasion of the injured worker’s privacy, and injured … Continue reading Your Privacy and Medical Authorization Releases


Chiropractors in Nevada Rule the Rating List for PPD Exams
By Jason Weinstock on December 30, 2014

The Division of Industrial Relations (DIR) is the Nevada sub-agency responsible for maintaining a list of doctors authorized to perform impairment evaluations, also known as ratings, on injured workers with Nevada workers’ compensation claims. On December 14, 2014, the DIR updated its list of rating doctors to show which doctors have been added, or which … Continue reading Chiropractors in Nevada Rule the Rating List for PPD Exams

Rating for Sacroiliac Joint- Nevada PPD
By Jason Weinstock on December 26, 2014

I have had rating issues come up in the past on how to rate injuries to the sacroiliac joint, and fortunately I had two experienced rating doctors reason that they should be rated under the DRE categories for a low back injury. I say fortunately because some rating doctors would have taken the position that … Continue reading Rating for Sacroiliac Joint- Nevada PPD

IME Docs’ Perspective
By Jason Weinstock on November 9, 2014

 This past weekend (November 7-9, 2014), I spoke twice at a conference of the American Academy of Orthopedic Surgeons.  Orthopedic doctors from various states attending the particular sessions I taught were mostly older, and many were hired by industrial insurance adjusters to do independent medical exams on claims where attorneys were involved.   I had … Continue reading IME Docs’ Perspective


Injured Workers Wrongfully Billed for Medical Care
By Jason Weinstock on November 6, 2014

 If you are an injured worker with an accepted workers’ compensation claim in Nevada, you should not be receiving bills from hospitals, radiologists, labs, doctors, or physical therapists for treatment that was authorized by your adjuster. In fact, it is against the law for medical providers  on claims they know are accepted to bill the … Continue reading Injured Workers Wrongfully Billed for Medical Care

Nevada Insurers Often Wrong About Pre-existing Conditions
By Jason Weinstock on October 7, 2014

 Any injured worker over the age of 30 with a serious work injury is likely to find some reference in  his or her medical records to degeneration of the body part being examined.  Degenerative disc disease, for example, is actually a normal  part of the aging process.  But insurers and their third-party administrators start to … Continue reading Nevada Insurers Often Wrong About Pre-existing Conditions

Dr. Pirruccello Explains How to Rate Spinal Injuries
By Jason Weinstock on September 28, 2014

Virginia :  The primary purpose of my blog posts is to inform Nevada’s injured workers about the law and the claims process.  However, I occasionally like to offer my readers from the workers’ compensation industry a more detailed analysis of a current issue that requires a working familiarity with Nevada workers compensation claims.   The … Continue reading Dr. Pirruccello Explains How to Rate Spinal Injuries


What’s An Apportionment of Your PPD Award?
By Jason Weinstock on August 30, 2014

Forgive me for not explaining the word apportionment sooner in my past blog posts about permanent partial disability awards on Nevada workers’ compensation claims.   It’s a bad word, and it means subtraction from the percentage of impairment.  It the rating doctor writes in his report that he found you have a 10% whole body impairment, … Continue reading What’s An Apportionment of Your PPD Award?

Mark Kabins, M.D., Orthopedic spine surgeon
By Jason Weinstock on August 26, 2014

 Mark Kabins, M.D. spoke to a small group of claimants’ attorneys last week to  talk about treatment of work-related spinal injuries.  Dr. Kabins, a long-time resident of Las Vegas, was a very animated and passionate speaker about  treating injuries  under workers’ compensation  claims. He is a Diplomat of both the American Board of   Orthopedic … Continue reading Mark Kabins, M.D., Orthopedic spine surgeon

Dr. Maureen Mackey Dies
By Jason Weinstock on August 15, 2014

One of the best physicians to care for Nevada’s injured workers died recently following a long battle with cancer. I first met Dr. Maureen Mackey when I was working as an attorney for the State Industrial Insurance System, and she was employed as a physical rehabilitation doctor for the Jean Hanna Clark Rehabilitation Center in … Continue reading Dr. Maureen Mackey Dies


Out-of-State Medical Care for Nevada Injured Workers
By Jason Weinstock on August 11, 2014

 Nevada has a highly transient population, with people moving in and out of the state frequently, particularly in this volatile economy.  I remember the days when they used to publish the Las Vegas phone book twice a year. (Now no one uses a phone book; we use our smart  phones.)   When an injured worker … Continue reading Out-of-State Medical Care for Nevada Injured Workers

Temporary Partial Disability Benefits under Nevada Law
By Jason Weinstock on July 26, 2014

Temporary partial disability benefits  (TPD) are benefits that may be payable under the following circumstances: 1. You are working a temporary light duty job at a lesser wage because your duties are different, or you are making the same wage but your employer has reduced your hours each week; 2. You have a permanent job … Continue reading Temporary Partial Disability Benefits under Nevada Law

Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?
By Jason Weinstock on July 20, 2014

 Let’s assume that you have an accepted workers’ compensation claim in Nevada, and that your treating doctor has just released you with permanent work restrictions that would  ordinarily prevent you from being hired or going back to your regular duties at the job you had when you were injured.   The question is whether your … Continue reading Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?


Bad Law on Doctor Choice for Nevada Injured Workers
By Jason Weinstock on July 17, 2014

 Change Needed to Nevada’s Law on Physician Choice for Injured Workers A.     A Short History of the Law In 1913, Nevada first enacted the Nevada Industrial Insurance Act and the Nevada Occupational Disease Act, now known as NRS Chapters 616A-D, and NRS Chapter 617.  It was administered by the NIC (Nevada Industrial Commission).   The NIC … Continue reading Bad Law on Doctor Choice for Nevada Injured Workers

What To Do About Delays In Getting Medical Care
By Jason Weinstock on June 24, 2014

  1. First, know how long the adjuster has to approve or deny your doctor’s request.  Your adjuster has 30 days to accept or deny your Nevada work comp claim.  Expect only emergency care and clinic visits in the interim.  If your doctor doesn’t think that diagnostic tests or treatment are necessary now, your only … Continue reading What To Do About Delays In Getting Medical Care

Injured Workers Should Get Their Medical Records
By Jason Weinstock on May 18, 2014

All injured workers should get a copy of their medical records at some point.  Remember that your employer is being copied by the adjuster on all his/her letters to you and on some of your medical records.  You should know what your doctor says about you and your injury, particularly if you are having problems … Continue reading Injured Workers Should Get Their Medical Records


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