Tag Archives: Appeals

How the Coronavirus Has Been Affecting Nevada’s Workers’ Compensation Community.
By Jason Weinstock on March 18, 2020 Posted in Information Center

The Nevada workers’ compensation community includes, but is not limited to injured workers, claimant’s attorneys, the Department of Administration, healthcare providers, third-party administrators, insurers, employers, and defense attorneys. The Coronavirus is affecting workers’ compensation for everyone in some way or another. The effect of the Coronavirus on Nevada’s workers’ compensation community is being felt the … Continue reading How the Coronavirus Has Been Affecting Nevada’s Workers’ Compensation Community. →

Getting benefits after you win your case
By Jason Weinstock on August 21, 2015 Posted in Appeals,Benefits,Claims,Information Center

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 →

When a Win is Not a Win- Stay Orders
By Jason Weinstock on October 1, 2014 Posted in Appeals,Claims

 If an injured worker in Nevada successfully convinces a hearing officer to reverse an adjuster’s action on a claim, the insurer and/or the employer has the right to file an appeal to an appeals officer.  The insurer or employer must file their appeal within 30 days (plus 3 days for mailing of the hearing officer’s … Continue reading When a Win is Not a Win- Stay Orders →

Representing Yourself at Hearings on Your Nevada Comp Claim
By Jason Weinstock on March 31, 2014 Posted in Appeals

    For those people who want or who must represent themselves at the first level of hearings, you need to read the Rules of Practice.  These are the rules that the hearing officers expect attorneys and hearing advocates to know when they appear for a hearing.  Although the hearing officers do not expect unrepresented … Continue reading Representing Yourself at Hearings on Your Nevada Comp Claim →

Nevada Hearings and Appeals:What to Expect
By Jason Weinstock on January 7, 2014 Posted in Appeals

 I put together a series of videos on hearings and appeals to show injured workers the physical location of the two offices where hearings and appeals are held on contested Nevada workers’ compensation claims, and what to expect at each hearing.  The address for the Hearings Division and Appeals Division is 2200 S. Rancho Drive, … Continue reading Nevada Hearings and Appeals:What to Expect →

Hearings and Appeals Statistics for 2012
By Jason Weinstock on October 10, 2013 Posted in Appeals

 If you are wondering how often the hearings or appeals officer rule in favor of insurers or injured workers, here are a few statistics from the Department of Administration Hearings Division that may give you a rough  idea.   These statistics are for the state’s fiscal year that runs from July 1, 2011 to June … Continue reading Hearings and Appeals Statistics for 2012 →

The Non-Response (De Facto) Denial
By Jason Weinstock on August 23, 2013 Posted in Appeals

Injured workers have the right to file an appeal if the claims adjuster does not respond to a written request within 30 days.  Attorneys are usually the only ones that know that when the adjuster fails to respond, it is called a de facto denial, and a hearing officer can decide whether the requested benefits … Continue reading The Non-Response (De Facto) Denial →

Drug and Alcohol Intoxication Not Always a Losing Case
By Jason Weinstock on April 26, 2012 Posted in Appeals

A blog post by Thomas A. Robinson for Lexis Nexis discusses a recent case  involving Utah’s law that presumes that an injured worker is intoxicated and that the accident was caused by intoxication if any illicit drug or alcohol is found in the injured worker after the accident.  The case concerns a construction worker who stepped off … Continue reading Drug and Alcohol Intoxication Not Always a Losing Case →

After the Appeals Hearing Is Too Late
By Jason Weinstock on May 25, 2011 Posted in Appeals

I receive many calls from injured workers who want me to take their case after they lost their case at the appeals officer level.  Unfortunately, neither I, nor any of the more experienced workers’ compensation attorneys, will agree to take over a case after  the appeals officer hearing. Here’s why you won’t be able to find a … Continue reading After the Appeals Hearing Is Too Late →

5 Tips for Doing It Yourself at the Hearings Officer Level
By Jason Weinstock on March 21, 2011 Posted in Appeals

1. File the request for hearing on time at the right place.  Each time your adjuster sends a letter regarding your medical care or your benefits,  appeal rights  are included at the end of that letter.  A request for hearing form should be included  so that you may file an appeal if you disagree with the letter.  You have … Continue reading 5 Tips for Doing It Yourself at the Hearings Officer Level →

More Probable Than Not
By Jason Weinstock on March 15, 2011 Posted in Appeals,Claims

Under Nevada workers’ comp law, the burden of proof is on the injured worker to show that it is more probable than not that the injury or claimed occupational disease is work-related.  This makes it very difficult to get a claim accepted if your doctor isn’t certain that your  injury or illness should be treated under a comp claim.  Your doctor … Continue reading More Probable Than Not →

8 Letters that May Require Legal Action Now
By Jason Weinstock on March 11, 2009 Posted in Appeals

1. The claim acceptance or denial letter. If your claim is denied, no medical or compensation benefits will be paid, and the clinic that provided emergency medical care will start billing you. You must file a request for hearing within 70 days of the date of the denial letter on the form included with the … Continue reading 8 Letters that May Require Legal Action Now →

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Nevada Department of Business & Industry -Division of Industrial Relations
State of Nevada – Attorney for Injured Workers
State of Nevada – Department of Administration Hearings Division
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DISCLAIMER
This website contains the opinions of Jason H. Weinstock, Esq. It is not intended as legal advice to be relied upon by individuals who do not have an attorney/client relationship and a written representation agreement with Jason Weinstock. No attorney/client relationship is established with visitors of this website without a written representation agreement with Jason Weinstock. Visitors of this website should not think this website establishes any attorney/client relationship with Jason Weinstock. This website is instead intended as general information on Nevada workers' compensation law. The facts of an individual's case can change how the law is applied and what law is applicable. Individuals should not assume that particular information in a website page applies to them. Individuals with potential or established claims should seek the advice of an experienced workers' compensation attorney as to their particular circumstances. Jason Weinstock will not be responsible for any action required by you within time limitations that may apply to your crcumstances or claim. Time limitations to file appeals are very short for injured workers, so you should not delay seeking the advice of an attorney to guide you.

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