Tag Archives: workers

Permanent Work Restrictions Aren’t Always Permanent for Nevada Work Injuries

By Jason Weinstock on January 7, 2014 Posted in Work Restrictions

Here’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 →

Nevada Hearings and Appeals:What to Expect

By Jason Weinstock on January 7, 2014 Posted in Appeals

I put together a series of videos on hearings and appeals to show injured workers the physical location of the two offices where hearings and appeals are held on contested Nevada workers’ compensation claims, and what to expect at each hearing. The address for the Hearings Division and Appeals Division is 2200 S. Rancho Drive, … Continue reading Nevada Hearings and Appeals:What to Expect →

Concussions from Work Accidents

By Jason Weinstock on November 6, 2013 Posted in Medical Care

Obtaining appropriate medical treatment for post-concussive symptoms from a work accident can be as frustrating as the symptoms of a concussion. A concussion is the term use to generally describe a head injury that may or may not result in the loss of consciousness. It is unusual for someone who has a severe blow to … Continue reading Concussions from Work Accidents →

Injured While Working for Two Employers?

By Jason Weinstock on October 22, 2013 Posted in Benefits,Concurrent wages

What happens when you are injured working for one employer, and you have two jobs and two different employers? This is called concurrent employment in the Nevada regulations If you are like most injured workers and you never talk to your claim’s adjuster, you might not know how important your second employment is … Continue reading Injured While Working for Two Employers? →

Hearings and Appeals Statistics for 2012

By Jason Weinstock on October 10, 2013 Posted in Appeals

If you are wondering how often the hearings or appeals officer rule in favor of insurers or injured workers, here are a few statistics from the Department of Administration Hearings Division that may give you a rough idea. These statistics are for the state’s fiscal year that runs from July 1, 2011 to June … Continue reading Hearings and Appeals Statistics for 2012 →

Maximum Compensation FY 2014

By Jason Weinstock on September 23, 2013 Posted in Average Monthly Wage

For those with accidents occurring after July 1, 2013 through July 1, 2014, the maximum state average monthly wage is $5,290.70. That figure comes from the Nevada Department of Employment, Training and Rehabilitation, Employment Security Division. That figure is the maximum amount that can be used as an injured worker’s average monthly wage if the … Continue reading Maximum Compensation FY 2014 →

The Non-Response (De Facto) Denial

By Jason Weinstock on August 23, 2013 Posted in Appeals

Injured workers have the right to file an appeal if the claims adjuster does not respond to a written request within 30 days. Attorneys are usually the only ones that know that when the adjuster fails to respond, it is called a de facto denial, and a hearing officer can decide whether the requested benefits … Continue reading The Non-Response (De Facto) Denial →

Nevada Workers’ Comp: Who or What is DIR?

By Jason Weinstock on July 23, 2013 Posted in DIR complaints

I’m grateful that my social media consultant knows only what she’s read in my blog posts about the Nevada workers’ compensation system, because she reminds me that my intended readers, like her, may know little about the system. After reading my last blog post about DIR complaints, she saw that I didn’t give the full … Continue reading Nevada Workers’ Comp: Who or What is DIR? →

Mileage Reimbursement Should Be Sent in Every 60 Days

By Jason Weinstock on July 1, 2013 Posted in Mileage reimubursement

When a claim is accepted, almost all insurers include a form that has a brief explanation of benefits available under Nevada workers’ compensation law. There is a lot of information included, and it is in fine print. Very few injured workers bother to read it. However, it does state that an injured worker must send … Continue reading Mileage Reimbursement Should Be Sent in Every 60 Days →

Is Your Insurer Requiring a Psych Eval Before Authorizing Back Surgery?

By Jason Weinstock on June 17, 2013 Posted in Back Injuries

There is a recent trend among insurers andtheir medical review companies to require a psychological evaluation before authorizing a low back surgery. Neurospsychologist Louis Mortillaro, PhD is asked to do many of these evaluations for the purpose of determining whether the patient is likely to benefit from a back surgery. Basically, the insurer doesn’t want … Continue reading Is Your Insurer Requiring a Psych Eval Before Authorizing Back Surgery? →

Common Spine Surgeries for Injured Workers

By Jason Weinstock on May 27, 2013 Posted in Back Injuries,Medical Care

Before an injured worker undergoes a neck or back surgery, he or she should be familiar with a few medical terms and what specific procedure the surgeon is recommending. Ask your doctor to write down the name of the surgery, and have him explain exactly what will be done. If you or your adjuster … Continue reading Common Spine Surgeries for Injured Workers →

Problems with Your Vocational Rehab Counselor?

By Jason Weinstock on May 15, 2013 Posted in Vocational rehabilitation

I was just sharing some war stories on line with other claimants attorneys about our experiences with particular vocational rehabilitation counselors. There is no question that some counselors do a poor job of assisting injured workers with realistic and fair plans for returning the injured worker to work. However, the injured worker can make the … Continue reading Problems with Your Vocational Rehab Counselor? →

Is Your Work Comp Insurer Broke and Belly Up?

By Jason Weinstock on May 8, 2013 Posted in Miscellaneous

On April 19, 2013, S &C Claims Services, Inc., sent a letter to all injured workers insured by Builders Insurance Company that their checks due that week wouldn’t be sent as scheduled. A Las Vegas District Court ordered the Commissioner of Insurance to act as Temporary Receiver for the company while future … Continue reading Is Your Work Comp Insurer Broke and Belly Up? →

The First 30 Days of Your Nevada Work Comp Claim

By Jason Weinstock on April 13, 2013 Posted in Claims

The first 30 days of a serious job injury claim are confusing and scary. Here are a few important tips : Keep a copy of the C-4 Claim for Compensation form that you filled out to start the claims process when you first got medical care. Check it to see whether you were taken … Continue reading The First 30 Days of Your Nevada Work Comp Claim →

Suspended Benefits for a Non-industrial Medical Condition

By Jason Weinstock on March 23, 2013 Posted in Benefits

Some injured workers are delivered a low blow by their adjuster when their treating surgeon for their Nevada work comp injury finds that they first take care of a unrelated medical problem before surgery can go forward. For example, many hurt workers will find that their blood pressures spike from being in pain from the … Continue reading Suspended Benefits for a Non-industrial Medical Condition →

Cost of Rating Exams Up Again: Get It Right the First Time

By Jason Weinstock on March 12, 2013 Posted in Permanent partial disability awards

Effective February 1, 2013, the Nevada fee schedule that governs health care providers under the Nevada workers’ compensation system, raised the PPD (permanent partial disability) reimbursement to $718.96. If the rating physician is rating more than two body parts, he or she can charge an additional $240.11 for each additional body part. For … Continue reading Cost of Rating Exams Up Again: Get It Right the First Time →

Does An Injured Worker Have to Go to Their Doctor?

By Jason Weinstock on March 10, 2013 Posted in Medical Care

Injured employees in Nevada have a limited right to choose a treating doctor. The workers’ compensation insurer or third-party administrator for the employer has a list of doctors that have contracted to provide medical care at reduced fees. Once the injured worker’s claim is accepted, he or she has the right to ask for a … Continue reading Does An Injured Worker Have to Go to Their Doctor? →

Employer Bellagio Sued by Blackjack Dealer for Attack

By Jason Weinstock on February 26, 2013 Posted in exclusive remedy

The Bellagio blackjack dealer whose face was slashed just before Christmas this past year filed a lawsuit this week against her employer and her jailed attacker, according to theLas Vegas RJ today (2/26/13). The newspaper stated that the legal complaint against the Bellagio by the injured employee alleges that employer Bellagio failed to ensure … Continue reading Employer Bellagio Sued by Blackjack Dealer for Attack →

Origin of Workers’ Comp Laws

By Jason Weinstock on August 2, 2012 Posted in exclusive remedy

Click here for a short video on how workers’ compensation laws developed in the U.S. Remember that each state has its own laws, and that the idea is to compensation all injured workers to some extent. In order to require that employers purchase workers’ compensation insurance policies, the cost has to be affordable for employers. … Continue reading Origin of Workers’ Comp Laws →

Undocumented Workers Are Entitled to Most Work Comp Benefits

By Jason Weinstock on April 9, 2012 Posted in Español,Undocumented Workers,Vocational rehabilitation

Injured workers in Nevada who do not have proper written proof of their right to legally work in the United States are entitled to the same benefits as any other injured worker, except for vocational rehabilitation benefits. All injured workers are entitled to medical care for a work-related injury while working for a Nevada employer, even if … Continue reading Undocumented Workers Are Entitled to Most Work Comp Benefits →

Be Careful What You Read

By Jason Weinstock on January 13, 2012 Posted in Lawyers

The problem with the Internet articles I see on many sites that look like they provide good information for injured workers is that the content is not specific to Nevada workers’ compensation law. Each state has its own laws that determine work comp benefits. If information is not specific to Nevada law, then injured workers … Continue reading Be Careful What You Read →

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