![\"\"](\"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-content\/uploads\/2020\/01\/dreamstimefree_4301269-scaled-e1580512482152.jpg\")
<\/a><\/p>\nAll determinations made by the workers\u2019 compensation insurance adjuster are appealable in Nevada. The timeline to appeal a determination is 70 days, unless the adjuster forgot or intentionally does not give appeal rights (in such a case you can appeal at any time). Examples of common appeal determinations by the workers\u2019 compensation adjuster include approval or denial of treatment, claim acceptance, claim closure, average monthly wage, denial of temporary total disability, and denial of mileage reimbursement.<\/p>\n
If you disagree with an adjuster\u2019s determination and request a hearing within the 70 days, then after your hearing the Hearings Officer will issue a Decision and Order within 15 days after the hearing. The Hearings Officer can either \u201caffirm\u201d (the determination of the workers\u2019 compensation adjuster stands), \u201cremand\u201d (order the workers\u2019 compensation adjuster to issue a new determination), \u201creverse\u201d (order the workers\u2019 compensation adjuster to change their determination), or a mixture of the above (i.e. \u201caffirmed and remanded\u201d).<\/p>\n
If you disagree with the Hearings Officer\u2019s Decision and Order, you have only 30 days to appeal this decision to the Appeals Officer. Once you appeal the Hearings Officer\u2019s Decision and Order to the Appeals Officer and the Appeals Officer hears the case, they also have 30 days to render a decision after the hearing. The Appeals Officer\u2019s decision must also be appealed within 30 days of the date on the Decision and Order, if you disagree.<\/p>\n
An appeal of the Appeals Officer\u2019s Decision and Order requires you to file a Petition for Judicial Review in District Court. The standard of review in District Court for an appeal of an Appeals Officer\u2019s Decision and Order is different than the Appeals Officer\u2019s review of a Hearing Officer\u2019s Decision and Order. District Court judges are only reviewing the record from Appeals Officer\u2019s hearing for an error of law or abuse of discretion\u2026 no new evidence can be presented.<\/p>\n
Keep an eye on dates when appealing a Hearings or Appeals Officer’s decision!<\/p>\n
Give me a call<\/a> or send an email for a free consultation<\/a> if you have questions or concerns about your workers’ compensation claim and appealing a determination or Decision and Order.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" The deadline for appealing a Hearings or Appeals Officer\u2019s 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\u2019 compensation. Jurisdictional in this sense means that if you fail to appeal a Hearing Officer or … Continue reading Appealing a Hearings or Appeals Officer\u2019s Decision.<\/span>