Category / Topic Archives: Information Center
In a previous blog, I wrote about how workers’ compensation is the exclusive remedy for employees to recover benefits for an injury that occurred at work. Does workers compensation cover every injury that occurs at work? No, workers’ compensation doesn’t automatically apply to all injuries just because they occurred at work. The injury must arise … Continue reading What Does Workers’ Compensation Cover?
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!
Occupational diseases are what you probably think they are… a disease or illness that you have developed or contracted through your employment. Different from an occupational injury, occupational diseases/illnesses often have gradual onsets rather than one specific traumatic occurrence. Occupational diseases can be anything from carpel tunnel syndrome, silicosis, mesothelioma, heart disease, lead poisoning and … Continue reading What is an Occupational Disease?
Just because you have a workers’ compensation claim does not mean you cannot also sue the person that caused your injury! However, if the person that caused your injury was an employee or due to the negligence of your employer, you are stuck with just a workers’ compensation claim. What are examples of when I … Continue reading Can I have a workers’ compensation and personal injury claim?
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.
All too often I hear from client’s “I don’t want to sue my employer… I love where I work!” Occasionally, I will also hear, “I hate my employer… this is all their fault, can I sue them?” My response to both of these clients is the same. In Nevada, an injured worker can not sue … Continue reading What Does Workers’ Compensation Being An Exclusive Remedy Mean?
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
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
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
It isn’t always clear what the difference between a work-related illness and an illness that doesn’t originate in work activities but is made worse when the employee must try to work. Even when it is obvious and doctors directly report that an illness is caused by an employee’s particular work duties, you can count on most … Continue reading Occupational Illnesses Frequently Denied by Insurers
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
Every year I attend a Larson Advisory Board luncheon scheduled during the National Workers’ Compensation and Disability Conference in Las Vegas. Advisory Board members are attorneys from various states who blog and contribute articles on workers’ compensation law to the Larson’s Series of publications. The Board members discuss trends and the hottest legal issues. This … Continue reading Horror Stories On Opt-Out and Workers’ Comp Laws Worse than Nevada’s Laws
Many of our clients are unable to afford medical treatment for their injuries because they do not have health insurance. If you are not receiving medical treatment and you do not have health insurance, be aware that Open Enrollment to participate in a health insurance plan through Marketplace Exchanges (the Affordable Care Act or “Obamacare”) … Continue reading Can’t Afford to Pay for Medical Care?
The monthly meeting of the workers’ compensation attorneys who represent injured workers was named the Workers Comp Working Group by the Nevada Justice Association with the presentation of a plaque. It was given to attorneys from the group who attended the annual NJA conference this past weekend in Long Beach California. JP Kemp, Jason Mills, … Continue reading Work Comp attorneys have been busy!
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
The fifth annual Division of Industrial Relations Workers’ Compensation conference, held on August 19 and 20, 2015, was attended mostly by people servicing employers , insurers, and third-party administrators in the workers’ compensation industry in Nevada. Few of the speakers focused on educating the attendees about the needs of injured workers, with the notable exception … Continue reading DIR Conference Oriented Toward Insurers
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 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
Please spread the word that I am also writing a Spanish blog now, accessible from my website. As with my English blog posts, I write my own articles unless I’m featuring a guest author. (Yes, my legal assistant does need to help me with translation and grammar.) My Spanish posts will focus on the needs … Continue reading New Spanish blog
Employers who comply with Nevada law by purchasing workers’ compensation insurance are protected from lawsuits for personal injuries brought by injured workers. The injured worker’s exclusive remedy when the accident is work-related is to seek workers’ compensation benefits by following the procedures in the Nevada Industrial Insurance Act (NRS Chapter 616). Co-workers are also protected … Continue reading New Nevada Supreme Court Decision on Suing Contractors