Tag Archives: compensation

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 →

Nevada Fire Fighters Have Special Work Comp Laws

By Jason Weinstock on September 29, 2014 Posted in Police and Firefighters

Special Work Comp Laws Applicable to Fire Fighters A. Contagious diseases Exposure to contagious diseases while providing medical care at work is considered an injury by accident. NRS 616A.265 (2); testing and lifetime benefits for tuberculosis, hepatitis, and HIV are covered in detail for fire fighters. B. Cancer There is a rebuttable presumption of compensability … Continue reading Nevada Fire Fighters Have Special Work Comp Laws →

Mark Kabins, M.D., Orthopedic spine surgeon

By Jason Weinstock on August 26, 2014 Posted in Back Injuries

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 →

Temporary Partial Disability Benefits under Nevada Law

By Jason Weinstock on July 26, 2014 Posted in Benefits

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 →

Work-related Car Accident Claims Are Complicated

By Jason Weinstock on July 20, 2014 Posted in Claims

If you are injured while in the course and scope of your employment while driving, and the accident wasn’t your fault, your case is more complicated than the usual work injury case. I urge you to consult with a knowledgeable attorney so that you do not lose important rights and sources of recovery available to … Continue reading Work-related Car Accident Claims Are Complicated →

Bad Law on Doctor Choice for Nevada Injured Workers

By Jason Weinstock on July 17, 2014 Posted in Medical Care

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 →

Older Injured Workers

By Jason Weinstock on July 1, 2014 Posted in Claims

Older employees in Nevada who have a job accident resulting in an injury, or those who have an occupational illness don’t fare very well under our current workers’ compensation system. For the majority of injured workers who have a work injury or illness who only miss a small amount of time and need a few … Continue reading Older Injured Workers →

What To Do About Delays In Getting Medical Care

By Jason Weinstock on June 24, 2014 Posted in Medical Care

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 Posted in Medical Care

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 →

Meals and Lodging

By Jason Weinstock on May 13, 2014 Posted in Benefits

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 Posted in Medical Care

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 →

Reopening Your Nevada Workers’ Compensation Claim

By Jason Weinstock on May 1, 2014 Posted in Reopening rights

Re-opening Your Nevada Workers’ Compensation Claim Know whether you have re-opening rights and when to time your request. Only injured workers who received a permanent partial disability award, or who were off work due to the work injury or occupational disease have lifetime reopening rights. The … Continue reading Reopening Your Nevada Workers’ Compensation Claim →

Workers’ Compensation Fraud Reporting Inaccurate and Misleading

By Jason Weinstock on April 30, 2014 Posted in Fraud

Channel 3 had an inaccurate and one-sided report on fraud by injured workers yesterday. Billie-Marie Morrison, a wonderful workers’ compensation attorney with Craig P. Kenney & Associates wrote to the the reporter and asked him to make corrections and to also report on insurer and employer fraud. We will see whether … Continue reading Workers’ Compensation Fraud Reporting Inaccurate and Misleading →

Nevada Workers Compensation Law Videos

By Jason Weinstock on April 17, 2014 Posted in Workers Comp Videos

Recently I recorded some videos on the Nevada Workers’ Compensation Law Hearings and Appeals Process. I take you inside the hearings and appeals court to show you what to expect and to describe what will take place. When you have 15 minutes, click on the video playlist below to view and feel free to comment. … Continue reading Nevada Workers Compensation Law Videos →

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 →

Low Back Pain: Work-Related or Not?

By Jason Weinstock on March 9, 2014 Posted in Back Injuries

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? →

Nevada Workers’ Comp and Social Security Disability

By Jason Weinstock on March 4, 2014 Posted in Miscellaneous

I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers’ compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general explanation. Gerald is an excellent attorney who handles Social Security cases if you need one.: … Continue reading Nevada Workers’ Comp and Social Security Disability →

Quiz on Nevada Work Comp PPD Awards

By Jason Weinstock on February 18, 2014 Posted in Permanent partial disability awards

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 Posted in Medical Care

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!) →

Hiring a Lawyer: Things to Consider

By Jason Weinstock on January 27, 2014 Posted in Claims,Lawyers

Here’s a rather lengthy article by the staff writer for Lexis Nexis Workers’ Comp. Communities, a website for workers’ comp lawyers, about a conference I spoke at on the topic of why injured workers hire lawyers. it was an interesting panel discussion with both defense lawyers and claimants’ attorneys. My bottom line message was … Continue reading Hiring a Lawyer: Things to Consider →

Benefit Penalties: Updated Info from DIR

By Jason Weinstock on January 24, 2014 Posted in DIR complaints

I received a letter from Charles Verre, Chief Administrative Officer of the Workers’ Compensation Section of the Division of Industrial Relations responding to my request for more information about the number of benefit penalties against insurers and third-party administrators by DIR. (DIR investigates complaints by injured workers that insurers and/or their third-party administrators are violating … Continue reading Benefit Penalties: Updated Info from DIR →

Child Support Deduction from Nevada Work Comp Benefits

By Jason Weinstock on January 21, 2014 Posted in Claims

Workers’ compensation benefits, including final settlement awards, called permanent partial disability awards, are generally not subject to assignments or garnishments, and are not subject to attorneys liens or medical provider liens. See NRS 616C.205. The one major exception to that general rule is that the statute does allow for payment of past due child support … Continue reading Child Support Deduction from Nevada Work Comp Benefits →

Permanent Work Restrictions Aren’t Always Permanent for Nevada Work Injuries

By Jason Weinstock on January 7, 2014 Posted in Work Restrictions

Here’s an excellent question by someone posting a comment to my post about the difference between temporary light duty and permanent light duty: Do Permanent Work Restrictions (light duty) follow me once my case is closed and a settlement has been granted? What happens if (5-10 years later) I take a job that is completely opposite from my restrictions? … Continue reading Permanent Work Restrictions Aren’t Always Permanent for Nevada Work Injuries →

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 →

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