Tag Archives: workers’ compensation


SB 289 part 2 – More Changes
By Jason Weinstock on September 17, 2021

As mentioned in SB 289 part 1, this year’s legislative session was a big one and SB 289 was a huge bill. SB 289 changed apportionment, who can sign C-4s, determinations send by fax, added attorney’s liens, amended rules about accepting PPD awards, clarified existing rules on vocational rehabilitation, and allows claimants to recover costs. … Continue reading SB 289 part 2 – More Changes

The Nevada Supreme Court Says That PPD Benefits Can Be Paid After An Employee Retires.
By Jason Weinstock on October 9, 2020

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.

New Workers’ Compensation Provider Lists
By Jason Weinstock on October 2, 2020

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


3 Things to Check to Determine If Your PPD Award / Workers’ Compensation Settlement Is Correct.
By Jason Weinstock on August 14, 2020

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.

If I Have A Workers’ Compensation Claim, Can I Find a New Job?
By Jason Weinstock on August 7, 2020

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?

Nevada Workers’ Compensation Benefits for Injuries After July 1, 2020 (FY 2021).
By Jason Weinstock on July 10, 2020

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).


New Treating Panel of Workers’ Compensation Doctors is Now Posted!
By Jason Weinstock on July 3, 2020

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!

New 2020 Actuarial Tables Released On June 23, 2020, Go Into Effect On July 1, 2020.
By Jason Weinstock on June 26, 2020

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.

4 Steps To Take If You’ve Been Injured At Work.
By Jason Weinstock on May 29, 2020

Getting hurt anywhere can be a scary experience but can be even more frightening when it happens at work. On top of the pain associated with the injury, my clients often also express fear of losing their job and costly medical bills. It is important to remember that accidents happen, and Nevada’s workers’ compensation system … Continue reading 4 Steps To Take If You’ve Been Injured At Work.


What Are Nevada Workers’ Compensation Benefits?
By Jason Weinstock on April 10, 2020

If you are injured at work, it is important to know what you are entitled to and what are Nevada workers’ compensation benefits. The Nevada Industrial Insurance Act (NIIA) is the act that governs Nevada’s workers’ compensation in conjunction with NRS 616 – 617 and NAC 616 – 617. In short Nevada’s workers’ compensation benefits … Continue reading What Are Nevada Workers’ Compensation Benefits?

How the Coronavirus Has Been Affecting Nevada’s Workers’ Compensation Community.
By Jason Weinstock on March 18, 2020

The Nevada workers’ compensation community includes, but is not limited to injured workers, claimant’s attorneys, the Department of Administration, healthcare providers, third-party administrators, insurers, employers, and defense attorneys. The Coronavirus is affecting workers’ compensation for everyone in some way or another. The effect of the Coronavirus on Nevada’s workers’ compensation community is being felt the … Continue reading How the Coronavirus Has Been Affecting Nevada’s Workers’ Compensation Community.

5 Mistakes That Can Affect Your Nevada Workers’ Compensation Claim.
By Jason Weinstock on March 6, 2020

Nevada workers’ compensation claims can be confusing, frustrating, and entail a lot of claims management. The timelines for filing a claim and appealing determinations are frequent and rapid. I always recommend taking advantage of a free consultation and/or case review with an experienced workers’ compensation attorney. However, if you insist on handling your claim on … Continue reading 5 Mistakes That Can Affect Your Nevada Workers’ Compensation Claim.


Appealing a Hearings or Appeals Officer’s Decision.
By Jason Weinstock on January 31, 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.

Picking a Workers’ Compensation Doctor in Nevada.
By Jason Weinstock on November 8, 2019

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.

Why is the infamous PPR (Physician’s Progress Report) so important?
By Jason Weinstock on October 7, 2019

The “PPR” serves several very important purposes. The PPR (Physician’s Progress Report) can be viewed as an injured worker’s report card from their treating physician. Insurance adjusters often get these reports directly from the treating doctor, however, injured workers can also get a copy after each appointment with their doctor. It is my recommendation that … Continue reading Why is the infamous PPR (Physician’s Progress Report) so important?


Horror Stories On Opt-Out and Workers’ Comp Laws Worse than Nevada’s Laws
By Jason Weinstock on November 12, 2015

Every year I attend a Larson Advisory Board luncheon scheduled during the National Workers’ Compensation and Disability Conference in Las Vegas.  Advisory Board members are attorneys from various states who blog and contribute articles on workers’ compensation law to the Larson’s Series of publications.  The Board members discuss trends and the hottest legal issues. This … Continue reading Horror Stories On Opt-Out and Workers’ Comp Laws Worse than Nevada’s Laws

Physician Progress Report: Get one every doctor visit
By Jason Weinstock on May 27, 2015

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

Neurosurgeon Randal Peoples on Neck and Back Surgery
By Jason Weinstock on February 21, 2015

Neurosurgeon Randal Peoples, M.D. spoke to a dozen claimants’ attorneys and interested health care providers recently about his philosophy in treating spinal injuries. He acknowledged that he has a reputation for being conservative about recommending surgery and stated that being a good surgeon is knowing when not to operate. Dr. Peoples emphasized that the patient’s … Continue reading Neurosurgeon Randal Peoples on Neck and Back Surgery


FMLA Could Save Your Job After Work Injury
By Jason Weinstock on February 6, 2015

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