Tag Archives: nevada workers compensation law
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?
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).
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
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?
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
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
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
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
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