Tag Archives: law office of jason weinstock
This year’s legislative session was a big one, so big that I will need to break it down into separate blogs. There were three bills that passed this session, that will have an impact on workers’ compensation. The biggest of which was SB 289, which made changes to apportionment, who can sign C-4s, determinations sent … Continue reading SB 289 part 1 – New Apportionment Rules
Effective January 1, 2021, the reimbursement rate for workers compensation related travel has been decreased from 57.5 cents per mile to 56 cents per mile. See the Division of Industrial Relations’ memorandum here. Injured workers are eligible for mileage allowance under NAC 616C.150. Mileage is eligible for reimbursement if the injured worker is (1) traveling … Continue reading Mileage Reimbursement Decreased Again for 2021, Effective January 1, 2021.
For Fiscal Year 2021, which began on July 1, 2020, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,275.73. This is applicable to injuries on claims filed after July 1, 2020. If you have a claim established already, this increase will not affect your benefits. The maximum temporary total … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2020 (FY 2021).
In a previous blog post I talked about SB 381, which was passed in the 2019 legislative session. SB 381 created some much-needed changes and added regulation in how the Division of Industrial Relations (DIR) compiles their treating provider list. Prior to SB 381 the DIR’s treating provider list had over 4,000 providers, 50% of … Continue reading New Treating Panel of Workers’ Compensation Doctors is Now Posted!
In 2015 Attorney Virginia Hunt, along with a group of other claimant’s attorneys, determined that the Division of Industrial Relations (DIR) had been slacking on their statutory duties to update the actuarial annuity table used in the calculation of permanent partial disability (PPD) awards. It was determined that the actuary table being used had not … Continue reading New 2020 Actuarial Tables Released On June 23, 2020, Go Into Effect On July 1, 2020.
A few weeks ago, I posted a blog regarding “5 Mistakes That Can Affect Your Nevada Workers’ Compensation Claim.” Number one on the list was missed filing deadlines. Filing deadlines refers to filing claims with the insurer, giving notice to your employer, and filing appeals to the Department of Administration. However, there are many deadlines … Continue reading Time deadlines for a Nevada Workers’ Compensation Claim.
If you are injured at work, it is important to know what you are entitled to and what are Nevada workers’ compensation benefits. The Nevada Industrial Insurance Act (NIIA) is the act that governs Nevada’s workers’ compensation in conjunction with NRS 616 – 617 and NAC 616 – 617. In short Nevada’s workers’ compensation benefits … Continue reading What Are Nevada Workers’ Compensation Benefits?
A question I often get is, “How does Nevada workers’ compensation work?” As I have explained in a previous blog post, workers’ compensation is an exclusive remedy in Nevada to compensate employees that are injured in the course and scope of their employment. The steps to filing a claim require that there be a specific … Continue reading How Does Nevada Workers’ Compensation Work?
More changes from the Division of Industrial Relations just in for 2020! The Division of Industrial Relations (DIR) is a division within the State of Nevada Department of Business and Industry, which is responsible for overseeing workers’ compensation in Nevada. The DIR has been rolling out changes ever since the end of the 2019 Legislative … Continue reading More Changes From The Division Of Industrial Relations Just In For 2020.
Workers’ compensation insurance is a requirement for all employers, with one or more employees. It is meant to protect employer’s from negligence lawsuits when an employee is hurt in the course and scope of employment, but also meant to give the injured worker a remedy and to provide medical and compensation benefits when they are … Continue reading Top Reasons a Nevada Workers’ Compensation Claim Gets Denied.
The deadline for appealing a Hearings or Appeals Officer’s decision is 30 days. This is a shorter time frame than the typical appeal deadline for determinations from the adjuster. Deadlines to appeal are quick, frequent, and jurisdictional in workers’ compensation. Jurisdictional in this sense means that if you fail to appeal a Hearing Officer or … Continue reading Appealing a Hearings or Appeals Officer’s Decision.
One of the questions I receive from my clients is, “why do worker’s compensation attorneys appeal the initial claim acceptance letter and subsequent scope determinations?” This is a good question and often doesn’t make sense to injured workers’ when they are receiving the treatment they want or need. One of the reasons attorney’s appeal the … Continue reading Why Do Worker’s Compensation Attorneys Appeal The Initial Claim Acceptance Letter?
When you are injured at work, your treating physician gives you a physician’s progress report (PPR) or a work activity report. These reports inform you, your workers’ compensation adjuster, and your employer of any work restrictions you may have. The PPR will guide your light duty job offer. On the PPR there is a place … Continue reading What Are Light Duty Job Offers and What Should I Look For?
Effective January 1, 2020, the mileage reimbursement decreased for 2020. The rate for workers compensation related travel has been decreased from 58 cents per mile to 57.5 cents per mile. The Division of Industrial Relations publishes the change at the beginning of every year. This years change was announced on January 3, 2020, and can … Continue reading Workers’ Compensation Mileage Reimbursement Decreased for 2020, Effective January 1, 2020.
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?
Changes to Nevada Workers Compensation Law for Stress (PTSD) Claims and Concurrent Wages After the Passing of AB 492.By Jason Weinstock on December 27, 2019 Posted in Average Monthly Wage,Concurrent wages,Legislative proposals,psychological injury
AB 492 was a “two birds with one stone” bill that was passed during the 2019 legislative session. The bill brought much needed changes to Nevada workers compensation law for both stress claims and the calculation of concurrent wages! Changes Made to the Statute for Stress Claims. NRS 616C.180 is the statute that governs claims … Continue reading Changes to Nevada Workers Compensation Law for Stress (PTSD) Claims and Concurrent Wages After the Passing of AB 492.
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.
Occasionally, an injured worker’s injuries are so severe that even after medical treatment has concluded they cannot return to work doing what they used to do. Injured workers in this position may not be out of options for future employment… often they will be eligible for vocational rehabilitation. What is vocational rehabilitation? Vocational rehabilitation consists … Continue reading What happens if you can’t return to your pre-injury employment?
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?
Average Monthly Wage for Fiscal Year 2020 Increases. For Fiscal Year 2020, which begins on July 1, 2019, the maximum average monthly wage used to calculate workers’ compensation benefits has increased to $6,096.60. This is applicable to injuries on claims filed after July 1, 2019. If you have a claim established already, this increase will … Continue reading Nevada Workers’ Compensation Benefits for Injuries After July 1, 2019 (FY 2020).
The “PPR” serves several very important purposes. The PPR (Physician’s Progress Report) can be viewed as an injured worker’s report card from their treating physician. Insurance adjusters often get these reports directly from the treating doctor, however, injured workers can also get a copy after each appointment with their doctor. It is my recommendation that … Continue reading Why is the infamous PPR (Physician’s Progress Report) so important?