Category / Topic Archives: Benefits


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?

Cost of Rating Exams Up Again: Get It Right the First Time
By Jason Weinstock on March 12, 2013

     Effective February 1, 2013, the Nevada fee schedule that governs health care providers under the Nevada workers’ compensation system, raised the PPD (permanent partial disability) reimbursement to $718.96.    If the rating physician is rating more than two body parts, he or she can charge an additional $240.11 for each additional body part.  For … Continue reading Cost of Rating Exams Up Again: Get It Right the First Time


Does An Injured Worker Have to Go to Their Doctor?
By Jason Weinstock on March 10, 2013

     Injured employees in Nevada have a limited right to choose a treating doctor.  The workers’ compensation insurer or third-party administrator for the employer has a list of doctors that have contracted to provide medical care at reduced fees.  Once the injured worker’s claim is accepted, he or she has the right to ask for a … Continue reading Does An Injured Worker Have to Go to Their Doctor?

More Unfair Tactics Against Nevada’s Injured Workers
By Jason Weinstock on March 2, 2013

 The most important benefit under the Nevada workers’ compensation system is the injured employee’s right to get medical treatment.  I have prior blog posts about the limitations on that right that are written into Nevada law, such as the limited right to choose a treating doctor.  I also just wrote about insurers’ attempts to deny … Continue reading More Unfair Tactics Against Nevada’s Injured Workers

Are Hernias Ratable?
By Jason Weinstock on January 19, 2013

 Inguinal hernias are common work-related injuries for men, often caused by increased abdominal pressure during heavy  lifting. According to the November/December 2012 AMA Guides Newsletter, men have a 27% lifetime risk of an inguinal hernia.  Genetics, overall body conditioning, and development of a person’s abdominal musculature have a lot to do with risk of a … Continue reading Are Hernias Ratable?


Change Doctors NOW !!
By Jason Weinstock on January 6, 2013

Nevada law requires third-party administrators and self-insurers of workers’ compensation claims to send accepted claimants a notice of their right to choose a different doctor from the appropriate provider list.  Not all TPA’s and insurers are sending this notice.  If they do send it, most injured workers don’t read or understand how important it is … Continue reading Change Doctors NOW !!

Mileage Reimbursement Increase for 2013
By Jason Weinstock on January 5, 2013

Effective January 1, 2013, the mileage reimbursement payable pursuant to NRS 616C.150 is increased one cent per mile from 55.5 cents to 56.5 cents. The rules for reimbursement remain the same.  If you travel more than 20 miles one way for authorized medical care (including therapy, diagnostic testing, office visits to the doctor), you should … Continue reading Mileage Reimbursement Increase for 2013

Treating Pain with a Video Game
By Jason Weinstock on November 29, 2012

Many of my clients with very severe injuries must learn to accept that they will live with pain the rest of their lives. After they exhaust all that doctors have to offer and realize that there is no “fix”, these clients either adapt and live reasonably happy and productive lives, or they stay miserable. How … Continue reading Treating Pain with a Video Game


More Money: Don’t Miss These Benefits
By Jason Weinstock on October 26, 2012

 A few of the benefits that Nevada injured workers overlook include the following: 1. Prescription coverage  Make sure that your pharmacy has your claim number, and the phone and fax number for your adjuster.  If the adjuster sends you a pharmacy card, be sure to use it.  If your pharmacy tells you they are waiting … Continue reading More Money: Don’t Miss These Benefits

Complex Regional Pain Syndrome
By Jason Weinstock on October 13, 2012

How to treat chronic pain was a topic addressed by several of the featured speakers at the WILG convention in Las Vegas this weekend.  (WILG is a non-profit organization that assists attorneys in advocating the rights of injured workers.)  Dr. Steven Simon, M.D. of the Kansas University Medical Group spoke about CRPS complex regional pain … Continue reading Complex Regional Pain Syndrome

Chronic Pain: New Help with Peripheral Nerve Surgery
By Jason Weinstock on October 13, 2012

A featured speaker at the WILG convention today was Dr. Tim Tollestrup, M.D., a Las Vegas physician who specializes in peripheral nerve surgery.    Dr. Tollestrup had recently operated successfully on one of my clients with a crush injury to his foot,  so I was interested in knowing more about him and his approach to treating … Continue reading Chronic Pain: New Help with Peripheral Nerve Surgery


Post-Traumatic Stress Research
By Jason Weinstock on October 8, 2012

Here’s an intersting article on PTSD:that sheds some light on why subsequent events that are minor can trigger such a strong reaction in the PTSD patient.   http://psychcentral.com/news/2012/10/08/mice-study-suggests-brain-switch-implicated-in-ptsd/45723.html?

Untaxed Tip Earnings Included in AMW
By Jason Weinstock on September 14, 2012

     In Sierra Nevada Administrators v. Negriev, the Nevada Supreme Court held that when an injured employee reports tip income to his or her employer, that income is included in the average monthly wage calculation.  The average monthly wage calculation is used to determine how much an injury worker receives for compensation benefits. The injured worker … Continue reading Untaxed Tip Earnings Included in AMW

Questions You Absolutely Must Ask the Surgeon
By Jason Weinstock on September 8, 2012

     Unless you have a very obvious surgical problem, it usually takes two to three months for the adjuster on your worker’s compensation claim to schedule a consultation with an orthopedist or a neurosurgeon.   I like to remove my clients quickly from the clinic mill, with a request for change of physicians right away.  Otherwise, the  clinic … Continue reading Questions You Absolutely Must Ask the Surgeon


Average Monthly Wage Increased for Fiscal Year 2013
By Jason Weinstock on June 24, 2012

 For Fiscal Year 2013, which begins on July 1, 2013, the maximum average monthly wage used to calculate workers’ compensation benefits will be increased to $5,222.63.  This is applicable to injuries on claims filed after July 1, 2013.  If you have a claim established already, this increase will not affect your benefits.  The maximum temporary … Continue reading Average Monthly Wage Increased for Fiscal Year 2013

Will Accepting a PPD Award Affect My Job?
By Jason Weinstock on June 2, 2012

Question by an injured worker:  Will accepting a permanent partial disability (PPD)  award affect my job?    Answer:  It shouldn’t.  Having permanent work restrictions may affect your job, but your accepting a PPD award shouldn’t.   Here’s why.  PPD awards for injured workers with Nevada workers’ compensation claims are based on a combination of three … Continue reading Will Accepting a PPD Award Affect My Job?

Can You Be Fired While You Have a Nevada Comp Claim?
By Jason Weinstock on May 1, 2012

Both employers and injured workers are unsure about the law on firing an injured worker who is actively treating with a doctor on an accepted workers’ compensation claim in Nevada.  Most people know that an injured worker cannot be fired simply because he or she files a claim for workers’ compensation benefits. There is an … Continue reading Can You Be Fired While You Have a Nevada Comp Claim?


Problems Obtaining Prescription Drugs
By Jason Weinstock on April 18, 2012

If your claim is accepted and your authorized treating physician prescribes medication for you, but your pharmacist tells you that there is a problem, follow these steps   1. Have a copy of your claim acceptance letter with your claim number and name and address of your third-party administrator or insurer in hand when you … Continue reading Problems Obtaining Prescription Drugs

Undocumented Workers Are Entitled to Most Work Comp Benefits
By Jason Weinstock on April 9, 2012

Injured workers in Nevada who do not have proper written proof of their right to legally work in the United States are entitled to the same benefits as any other injured worker, except for vocational rehabilitation benefits.  All injured workers are entitled to medical care for a work-related injury while working for a Nevada employer, even if … Continue reading Undocumented Workers Are Entitled to Most Work Comp Benefits

Benefits Unfairly Suspended? Fight Back!
By Jason Weinstock on March 26, 2012

Workers’ compensation insurers and their TPA’s often suspend compensation benefits when an unrelated  medical problem  surfaces to delay surgery or  treatment for the work injury.  Insurers call it "Care Interrupt". I call it kicking an injured worker when he’s already down. For example, I had an injured worker last month who was scheduled for a work-related back surgery.  She … Continue reading Benefits Unfairly Suspended? Fight Back!


Am I Entitled to a PPD Award If I’m Released Full Duty?
By Jason Weinstock on March 14, 2012

 Injured workers, employers, and even doctors on workers’ comp provider lists in Nevada remain confused about whether an injured worker who is able to return to work full duty is entitled to a permanent partial disability award.  Depending on the injury, an injured worker may be entitled to a rating evaluation and an award,  even … Continue reading Am I Entitled to a PPD Award If I’m Released Full Duty?

Patient Advocate a Necessity If You Are Hospitalized
By Jason Weinstock on March 8, 2012

Most injured workers who call me for advice are frustrated with poor medical care or problems obtaining good care as a result of insurance issues.   Making sure that injured workers get the best possible medical care is what I do for a living, so I didn’t need a personal experience to convince me how important … Continue reading Patient Advocate a Necessity If You Are Hospitalized

Should I Agree to the Insurer’s Rating Doctor?
By Jason Weinstock on March 6, 2012

If your treating physician on your accepted workers’ compensation claim in Nevada reports to your claims adjuster that you may have a ratable impairment, you should be scheduled for an impairment evaluation  30 days later.  This evaluation, also called a rating,  will be done by one of the 138 doctors and chiropractors who have been … Continue reading Should I Agree to the Insurer’s Rating Doctor?


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