Tag Archives: Nevada
When a Win is Not a Win- Stay Orders
By Jason Weinstock on October 1, 2014 Posted in Appeals,ClaimsIf 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 FirefightersSpecial 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 InjuriesMark 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 BenefitsTemporary 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 ClaimsIf 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
Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?
By Jason Weinstock on July 20, 2014 Posted in Permanent Work RestrictionsLet’s assume that you have an accepted workers’ compensation claim in Nevada, and that your treating doctor has just released you with permanent work restrictions that would ordinarily prevent you from being hired or going back to your regular duties at the job you had when you were injured. The question is whether your … Continue reading Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?
Bad Law on Doctor Choice for Nevada Injured Workers
By Jason Weinstock on July 17, 2014 Posted in Medical CareChange 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
Occupational Post-Traumatic Stress Disorder of Police Officers
By Jason Weinstock on July 2, 2014 Posted in Police and FirefightersRecently, I wrote a blog post about PTSD in which I discussed the Nevada Supreme Court’s decision in the McGrath case, involving a police officer whose stress claim was denied because she claimed that a series of events over 18 months in her work as a traffic police officer, as opposed to one specific dangerous … Continue reading Occupational Post-Traumatic Stress Disorder of Police Officers
Older Injured Workers
By Jason Weinstock on July 1, 2014 Posted in ClaimsOlder 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 Care1. 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 CareAll 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 BenefitsThe 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 CareOrthopedic 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 rightsRe-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 FraudChannel 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 VideosRecently 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 AppealsFor 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 InjuriesMost 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 MiscellaneousI 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
Can I Hire a Lawyer after I Get My PPD Offer on My Nevada Claim?
By Jason Weinstock on February 23, 2014 Posted in Permanent partial disability awardsCan I Hire a Lawyer After I Get My PPD Rating? Yes, you may. Just make sure that you are getting experienced guidance and good value for paying an attorney fee at this late stage of the claim, and be aware that attorneys’ fees will differ from one attorney to the next on … Continue reading Can I Hire a Lawyer after I Get My PPD Offer on My Nevada Claim?
Quiz on Nevada Work Comp PPD Awards
By Jason Weinstock on February 18, 2014 Posted in Permanent partial disability awardsTest 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 CareOne 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!)
Child Support Deduction from Nevada Work Comp Benefits
By Jason Weinstock on January 21, 2014 Posted in ClaimsWorkers’ 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 RestrictionsHere’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
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