Category / Topic Archives: Benefits


Meals and Lodging
By Jason Weinstock on May 13, 2014

The Nevada Division of Industrial Relations has determined that meals and lodging for attending physician appointments will be paid at per diem reimbursement rates set by the U.S. General Services Administration. The rates vary by season and by the city or county that is your destination.  Your request for reimbursement for meals and lodging should … Continue reading Meals and Lodging

Dr. Dettling Talks About Shoulder/Knee Work Injuries
By Jason Weinstock on May 7, 2014

Orthopedic surgeon James Dettling, M.D. specializes in shoulder and knee injuries.  About half his patients are injured workers treating under a Nevada workers’ comp claim.   He and long-time medical assistant, Patrick Boland, and their indispensable office manager, Diane,  stopped by my office today to meet my assistants and to chat over lunch.  I’ve known Dr. … Continue reading Dr. Dettling Talks About Shoulder/Knee Work Injuries

Low Back Pain: Work-Related or Not?
By Jason Weinstock on March 9, 2014

Most people, excluding  lawyers, are likely to tell you that it is an obvious fact that strenuous activity involving load on the back in occupations with heavy lifting, twisting, bending, and carrying  will cause more back injuries.  Athletes and medical  professionals are less likely to make the injury causation assumption, and will respond that people … Continue reading Low Back Pain: Work-Related or Not?


Can I Hire a Lawyer after I Get My PPD Offer on My Nevada Claim?
By Jason Weinstock on February 23, 2014

  Can I Hire a Lawyer After I Get My PPD Rating?   Yes, you may.  Just make sure that you are getting experienced guidance and good value for paying an attorney fee at this late stage of the claim, and be aware that attorneys’ fees will differ from one attorney to the next on … Continue reading Can I Hire a Lawyer after I Get My PPD Offer on My Nevada Claim?

Quiz on Nevada Work Comp PPD Awards
By Jason Weinstock on February 18, 2014

  Test your knowledge of permanent partial disability awards on Nevada workers’ compensation claims with the following quiz.  I will post the answers next week with explanations. Have fun!  Quiz Time-  How Much Do You Know About PPD’s in Nevada? True  or  False?          Even if an injured worker has a surgery … Continue reading Quiz on Nevada Work Comp PPD Awards

Physical Therapist Karen Crawford Knows Nevada’s Injured Workers (And She Cares!)
By Jason Weinstock on January 29, 2014

One of the benefits of being self-employed  and writing my own blog is that I can express my opinion  on what is right with Nevada’s workers’ compensation system, and what needs improvement or overhauling.  I accept no "favors" from medical providers I mention as providing superior service to injured workers.  I like to let hurt employees … Continue reading Physical Therapist Karen Crawford Knows Nevada’s Injured Workers (And She Cares!)


Rating Physician Richard Kudrewicz Dies
By Jason Weinstock on December 7, 2013

The workers’ compensation community lost one of the most authoritative and fairest rating  physicians on November 30, 2013.  Richard Kudrewicz, M.D. , or Dr. K, as most of us called him, performed about ten times as many permanent partial disability evaluations on Nevada injured workers as most of the rating physicians on the DIR’s rotating … Continue reading Rating Physician Richard Kudrewicz Dies

What’s My Nevada Claim Worth?
By Jason Weinstock on November 22, 2013

     I looked at a very interesting award calculator devised by a Maryland attorney based on his review of thousands of work comp awards in Maryland. It asks the injured worker to put a number from 1 though 10 on the level of pain and interference with activities for their injury,r the average weekly … Continue reading What’s My Nevada Claim Worth?

How to Stop Getting Medical Bills on Your Nevada Work Comp Claim
By Jason Weinstock on November 8, 2013

  Injured workers with accepted workers’ compensation claims should not be getting bills for medical treatment from  hospitals, doctors, an anesthesiologist, or radiologist.  You know whether you have an accepted claim or not by whether you have received a letter from your self-insured employer or from a third-party administrator that says your claim is accepted. … Continue reading How to Stop Getting Medical Bills on Your Nevada Work Comp Claim


Concussions from Work Accidents
By Jason Weinstock on November 6, 2013

Obtaining appropriate medical treatment for  post-concussive symptoms  from a work accident can be as frustrating as the symptoms of a concussion.  A concussion is the term use to generally describe a head injury that may or may not result in the loss of consciousness.  It is unusual for someone who has a severe blow to … Continue reading Concussions from Work Accidents

Injured While Working for Two Employers?
By Jason Weinstock on October 22, 2013

   What happens when you are injured working for one employer, and you have two jobs and two different employers?  This is called concurrent employment in the Nevada regulations    If you are like most injured workers and you never talk to your claim’s adjuster,  you might not know how important your second employment is … Continue reading Injured While Working for Two Employers?

Maximum Compensation FY 2014
By Jason Weinstock on September 23, 2013

For those with accidents occurring after July 1, 2013 through July 1, 2014, the maximum state average monthly wage is $5,290.70.   That figure comes from the Nevada Department of Employment, Training and Rehabilitation, Employment Security Division.   That figure is the maximum amount that can be used as an injured worker’s average monthly wage if the … Continue reading Maximum Compensation FY 2014


What Happens When You Refuse Treatment on Your Work Comp Claim
By Jason Weinstock on July 1, 2013

 Nevada injured workers with neck or back injuries frequently ask about what will happen to their claim if they refuse a particular treatment recommendation.   Usually those Nevada injured workers have not noticed improvement in their neck or back injuries after several sessions of physical therapy, medication  and job restrictions. Their treating doctor may then refer the patient … Continue reading What Happens When You Refuse Treatment on Your Work Comp Claim

Mileage Reimbursement Should Be Sent in Every 60 Days
By Jason Weinstock on July 1, 2013

 When a claim is accepted, almost all insurers include a form that has a brief explanation of benefits available under Nevada workers’ compensation law.  There is a lot of information included, and it is in fine print.  Very few injured workers bother to read it.  However, it does state that an injured worker must send … Continue reading Mileage Reimbursement Should Be Sent in Every 60 Days

Is Your Insurer Requiring a Psych Eval Before Authorizing Back Surgery?
By Jason Weinstock on June 17, 2013

There is a recent trend among insurers andtheir medical review companies to require a psychological evaluation before authorizing a low back surgery.  Neurospsychologist Louis Mortillaro, PhD is asked to do many of these evaluations for the purpose of determining whether the patient is likely to benefit from a back surgery.  Basically, the insurer doesn’t want … Continue reading Is Your Insurer Requiring a Psych Eval Before Authorizing Back Surgery?


Time Line for Permanent Partial Disability Awards
By Jason Weinstock on June 15, 2013

 30 days after your doctor says you are stable and ratable, your adjuster must send you a letter scheduling your PPD exam.  (The exam however, doesn’t have to take place within 30 days.)   NRS 616C.490(2). 14 days after your rating exam, the rating doctor should send the rating report to the adjuster. NRS 616C.490(6). 14 … Continue reading Time Line for Permanent Partial Disability Awards

Common Spine Surgeries for Injured Workers
By Jason Weinstock on May 27, 2013

 Before an injured worker undergoes a neck or back surgery, he or she should be familiar with a few medical terms and what specific procedure the surgeon is recommending.   Ask your doctor to write down the name of the surgery, and have him explain exactly what will be done.  If you or your adjuster … Continue reading Common Spine Surgeries for Injured Workers

Is Your Insurer Requiring a Psych Eval Before Authorizing Back Surgery?
By Jason Weinstock on May 27, 2013

 There is a recent trend among insurers and their medical review companies to require a psychological evaluation before authorizing a low back surgery.  Neurospsychologist Louis Mortillaro, PhD is asked to do many of these evaluations for the purpose of determining whether the patient is likely to benefit from a back surgery.  Basically, the insurer doesn’t … Continue reading Is Your Insurer Requiring a Psych Eval Before Authorizing Back Surgery?


Speak English, Please
By Jason Weinstock on May 17, 2013

 Thank you to the International Vocational Rehabilitation Counselors Association for inviting me to attend their educational conference last week. It was hosted by certified counselors Gerry Davis, Cindi Rivera, and  retired counselor Jack Dymon at the State of Nevada Bureau of Vocational  Rehabilitation.   The focus of the conference was working with multi-cultural groups, and educational and training resources for … Continue reading Speak English, Please

Problems with Your Vocational Rehab Counselor?
By Jason Weinstock on May 15, 2013

 I was just sharing some war stories on line with other claimants attorneys about our experiences with particular vocational rehabilitation counselors.  There is no question that some counselors do a poor job of assisting injured workers with realistic and fair plans for returning the injured worker to work.  However, the injured worker can make the … Continue reading Problems with Your Vocational Rehab Counselor?

Why Nothing is Happening on Your Claim
By Jason Weinstock on March 28, 2013

 Most injured workers who call my office are fed up with delays in getting decent medical care or getting compensation checks from the workers’ compensation adjuster.  Here’s a list of why you might be having problems:     1. Your claim hasn’t been accepted yet.      The adjuster handling your claim for your self-insured employer,  or  the … Continue reading Why Nothing is Happening on Your Claim


Home Health Care by Spouses
By Jason Weinstock on March 25, 2013

After a serious Nevada work accident and hospitalization, the injured worker may require a nurse, then unskilled nursing care at home to go to the bathroom, bathe, and make meals.  This need for home health care often falls through the cracks if the treating surgeon forgets to prescribe attendant care, or the hospital coordinator doesn’t follow through getting it authorized with … Continue reading Home Health Care by Spouses

Suspended Benefits for a Non-industrial Medical Condition
By Jason Weinstock on March 23, 2013

Some injured workers are delivered a low blow by their adjuster when their treating surgeon for their Nevada work comp injury finds that they first take care of a unrelated medical problem before surgery can go forward. For example, many hurt workers will find that their blood pressures spike from being in pain from the … Continue reading Suspended Benefits for a Non-industrial Medical Condition

Are They Calling Your Herniated Disc a Lumbar Strain?
By Jason Weinstock on March 22, 2013

There is a renewed trend among particular self-insured employers and third-party administrators (TPA’s) in Nevada to send a Notice of Claim Acceptance for "lumbar strain only" on  low back injury claims.  My fellow claimants’  attorneys are also noticing an increase in claims where adjusters are denying medical treatment for a herniated disc,  because the claim was accepted for … Continue reading Are They Calling Your Herniated Disc a Lumbar Strain?


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