Tag Archives: nevada workers compensation law


What Does Workers’ Compensation Being An Exclusive Remedy Mean?
By Jason Weinstock on October 18, 2019

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?

Nevada Workers’ Compensation Benefits for Injuries After July 1, 2019 (FY 2020).
By Jason Weinstock on October 14, 2019

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).

Nevada Workers Compensation Law NRS 616C.145
By Jason Weinstock on October 9, 2019

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


Cost of PPD increased
By Jason Weinstock on February 23, 2016

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

What happens when your FCE is invalid?
By Jason Weinstock on February 10, 2016

An FCE is a Functional Capacity Evaluation that takes about 2-3 hours at a physical therapist’s office selected by the adjuster to help the treating doctor determine whether the injured worker should have permanent work restrictions.  More and more treating physicians are requesting that they be done before the doctor gives permanent work restrictions.   Unfortunately, … Continue reading What happens when your FCE is invalid?

Mileage reimbursement decreased in 2016
By Jason Weinstock on January 12, 2016

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


Occupational Illnesses Frequently Denied by Insurers
By Jason Weinstock on January 7, 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

Low Back Pain is Leading Cause of Occupational Disability
By Jason Weinstock on December 23, 2015

According to the Department of Labor, low back pain accounts for one-third of all occupational mesculoskekletal injuries and illnesses resulting in work disability.  A recent article in the Journal of Occupational and Environmental Medicine, December 2015,  states that two thirds of low back pain cases return to work within 1 month, but a substantial number … Continue reading Low Back Pain is Leading Cause of Occupational Disability

7 Useful Definitions for Understanding Your PPD Evaluation
By Jason Weinstock on December 21, 2015

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


Misdiagnosis and Traumatic Brain Injuries
By Jason Weinstock on December 11, 2015

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

Shame on DIR-Lame response to petition
By Jason Weinstock on September 14, 2015

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

DIR Undertakes Long-Overdue Review of Discount Rate
By Jason Weinstock on August 20, 2015

The following is an article from WorkCompCentral, an online workers’ compensation news reporting service and resource center for the work comp industry and injured workers.   I haven’t received a response from DIR to the Petition to Amend Regulation that I filed on July 29.  DIR has 30 days to respond to that Petition.  I am … Continue reading DIR Undertakes Long-Overdue Review of Discount Rate