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Nevada Workers' Comp: Who or What is DIR?

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 name of the Nevada state agency.  Sorry about that.  Here is more information about DIR, which is the Division of Industrial Relations, a sub-agency of the Nevada Department of Business and Industry.  Below is a brief description and web...

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DIR Statistics Disappointing for Injured Workers

 Last year when I contacted the Research and Analysis Supervisor of the Workers' Compensation Section of the Industrial Insurance Regulation Section of the DIR, I was told that only 31 benefit penalties were issued in 2011.  I just received statistical information for Fiscal Year 2013 (July 1, 2012 to July 1, 2013), and over this past year,  only 8 benefit penalties were issued.  Investigations were requested 963 times in the past fiscal year for the entire state of Nevada.  I was told that of the 779 DIR investigations that were completed in the last fiscal...

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Mileage Reimbursement Should Be Sent in Every 60 Days

 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 in mileage reimbursement requests within 60 days of incurring the mileage.   If the injured worker sends in a mileage reimbursement request at the end of the claim, only the mileage travelled within the last two months will be reimbursed....

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Reopening Rights Expanded by Nevada Supreme Court

 The Nevada Supreme Court published a decision that is favorable for injured workers this month in Williams v. United Parcel Services, 129 Nev. Adv.Op. 41 (6/6/13).  Two years after his back injury claim was closed, Williams, a UPS employee, asked to reopen his claim for more medical care.  His reopening request was denied because he hadn't been given a PPD award , and he hadn't been off work long enough to get temporary total disability benefits.  (Injured workers aren't entitled to TTD benefits unless they are taken off work by the treating doctor for 5 days in a...

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

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 to pay for back surgery if the claimant is likely to continue to complain of back pain and want more medical care.  Dr. Mortillaro told me that occasionally the evaluation will reveal a more serious problem with drug...

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Time Line for Permanent Partial Disability Awards

30 days after your doctor says you are stable and ratable, your adjuster must send you a letter scheduling your PPD exam.  (The exam however, doesn't have to take place within 30 days.)   NRS 616C.490(2). 14 days after your rating exam, the rating doctor should send the rating report to the adjuster. NRS 616C.490(6). 14 days after your adjuster receives the PPD report, your adjuster must send you a letter either disagreeing with the rating percentage,  or a letter offering the percentage found by the rating doctor. You have 70 days to file a Request for Hearing if you disagree with the...

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Immigrant Workers in Nevada Need to Know Rights When Injured

The Immigration Policy Center reports that  Latinos and Asians make up one-third of all Nevadans. 15% of registered voters in Nevada are immigrants or the children of immigrants.  Immigrants comprised 25% of the state's workforce in 2011.  It is estimated that 10% of the state's workforce in 2010 were unauthorized immigrants who contributed millions in sales taxes and property taxes.  Latino-owned business and Asian-owned businesses contributed significantly to the state's economy through sales of goods, and by employing thousands of workers.  The figures...

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