Tag Archives: Nevada workers compensation
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.
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.
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?
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
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
The fifth annual Division of Industrial Relations Workers’ Compensation conference, held on August 19 and 20, 2015, was attended mostly by people servicing employers , insurers, and third-party administrators in the workers’ compensation industry in Nevada. Few of the speakers focused on educating the attendees about the needs of injured workers, with the notable exception … Continue reading DIR Conference Oriented Toward Insurers
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
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
Question: Why is the PPD lump sum so much less than the total installment amount? Answer: An injured worker may take up to a 25% whole person permanent partial disability award in a lump sum reduced to present value under Nevada law (NRS 616C.495). Present value means the current worth of all the installment payments … Continue reading Lump Sum PPD Awards Not Right in Nevada
Thank you to Katherine Godwin, Supervisor of the Medical Unit, at the Devision of Industrial Relations-Workers Compensation Section, for providing me with the number of rating evaluations in Nevada for fiscal year 2014 (July 1, 2013 through June 30, 2014). A total of 5405 ratings were assigned by DIR, with 1249 in the North, 3749 … Continue reading Permanent Partial Disability Evaluations-2014
Nevada employees whose work-related accident or occupational illness occurs after 7/1/15 are entitled to receive the lesser of 2/3 of their actual average monthly, or 2/3 of the state maximum average monthly wage of $5,426.25. If the injured worker was making more than the state maximum, she is only entitled to receive 2/3 of the … Continue reading Nevada Work Comp Benefits for Injuries after 7/1/15
The 78th session of the Nevada legislature closed last night with a close call for Nevada’s most severely injured workers. The self-insured employers’ lobbyist tried a last minute attack on how permanent partial disability awards are calculated by pushing for adoption of the 6th edition of the AMA Guides to Evaluation of Permanent Impairment. Changing … Continue reading Injured Workers in Nevada Survive 2015 Legislative Changes
Traumatic brain injuries that happen at work are almost always caused by a fall from a ladder, the roof of a building, the top of a truck, scaffolding, or on a construction site. The injured worker may or may not lose consciousness immediately following the accident, and there are usually other physical injuries such as … Continue reading Work-Related Traumatic Brain Injuries in Nevada
Following every visit to your authorized treating doctor, be sure to ask the doctor or his assistant for a copy of the doctor’s physician progress report. There is a DIR-approved form that most doctors use, although some have modified the form to include their office address, phone number, and have slightly different boxes for slightly … Continue reading Physician Progress Report: Get one every doctor visit
Fire fighters have a law entitling them to workers’ compensation benefits under a law written especially for fire fighters. NRS 617.453 provides for a rebuttable presumption that a cancer is work-related for fire fighters with 5 years or more of full-time, continuous employment if the person was exposed to a known carcinogen and the carcinogen is … Continue reading Cancer in Nevada Firefighters
As you know, I offer a free review of your Nevada rating evaluation on your workers’ compensation claim if you fax it to me with what you think might be wrong with the rating. My fax number is (702) 731-9097. Additionally, I will be posting one of my readers’ questions regarding permanent partial disability awards … Continue reading Should I Attend a PPD When I Need More Treatment?
Steve Miller ran two articles today in the Nevada Journal on the proposed legislation that would allow injured workers greater rights to choose their treating physicians. Let’s hope that Nevada’s lawmakers read them and pay particular attention to how ineffective DIR is with regard to looking out for the interests of injured workers as we … Continue reading Legislative Update on Bills Affecting Injured Workers
Effective 2/1/15 through 1/31/16, the cost of a permanent partial disability evaluation on a Nevada workers’ compensation claim is $754.62. That is for two body parts. The cervical spine is considered one body part, the thoracic spine another body part, and the lumbar spine would be a separate body part. For each additional body part … Continue reading 2015 Cost of Nevada PPD Exam
Click on this website to find out who your representatives are in state government so that you can voice your opinion on this important issue: https://www.leg.state.nv.us/Division/Research/Library/FAQ/WhichLegislatorRepresents.html?CFID=23920731&CFTOKEN=bf710a33b7c9b575-B1993405-F17A-47AD-CBA1A41D2BF543E2
The Nevada legislature meets only once every other year, and this year doesn’t look good for the changes that could gut benefits for Nevada’s injured workers. The amendment so many of us committed work comp attorneys hoped would get out of the senate committee on commerce and labor and to the legislature for a … Continue reading Help! Prevent Terrible Changes to Work Comp
If you work for an employer who employs more than 50 employees and you have worked sufficient hours to qualify for FMLA time (29 U.S.C.2601), you may want to ask that any time you are off work for your work injury be designated as FMLA time, particularly if you expect to be released full duty … Continue reading FMLA Could Save Your Job After Work Injury