Tag Archives: workers comp
On October 8, 2020, the Nevada Supreme Court published their decision in Clark County v. Brent Bean, 136 Nev. Adv. Op. 65 (2020). The Court took the opportunity to agree with the District Court’s reasoning to deny Clark County’s Petition for Judicial Review that permanent partial disability (“PPD”) benefits differ from temporary total disability (“TTD”) … Continue reading The Nevada Supreme Court Says That PPD Benefits Can Be Paid After An Employee Retires.
Previously, I wrote a blog about SB 381, which was a bill passed in the 2019 legislative session that changed how workers’ compensation developed and published their provider lists. SB 381 was codified in the Nevada Revised Statutes at NRS 616C.087. This new statute dictates how many doctors for each specialty an insurer must has … Continue reading New Workers’ Compensation Provider Lists
Frequently I am asked by potential clients and current clients whether there is a settlement at the end of their workers’ compensation case or how much their case is worth. This question is often hard or impossible to answer. Sometimes, I can estimate whether I think you are likely to have a permanent partial disability … Continue reading 3 Things to Check to Determine If Your PPD Award / Workers’ Compensation Settlement Is Correct.
A lot of clients have this question. Frustration often sets in immediately after the injury, but can be made worse if the injured employee feels she is not being treated fairly at work, is not receiving TTD (pay for being out of work) benefits, receiving TTD benefits, or their employer is not following their work … Continue reading If I Have A Workers’ Compensation Claim, Can I Find a New Job?
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.
On June 4, 2020, the Senior Appeals Officer at the Nevada Department of Administration, Appeals Division, released a statement regarding the Department of Administration’s plan to reopen. June 4, 2020, also marked the start of casino reopening, a major step in the economic recovery for Nevada. The Senior Appeals Office is putting in place a … Continue reading Workers’ Compensation COVID-19 Update (6/5/2020):
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.
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.
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?
The Nevada Supreme Court has not previously clarified how to treat an employee who travels for work and is injured while away. The question in Buma v. Providence Corp. Development is whether employees that travel for work are covered by workers’ compensation insurance and to what degree. The analysis starts with NRS 616C.150(1) that states … Continue reading The Nevada Supreme Court Addresses the Traveling Employee Rule in Recent Decision.
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?
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?
Not necessarily! If your claim is running smoothly, you are getting the treatment you need, and you are receiving all your benefits, then proceed on your own. However, there are benefits to having an attorney that is knowledgeable regarding workers’ compensation law. What benefits are there in having an attorney’s assistance? A knowledgeable workers’ compensation … Continue reading I filed a workers’ compensation claim, do I need an attorney?