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...

 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....

 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...

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...

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...

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...

 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 is requesting a second surgical opinion, make sure you understand whether the second surgeon is recommending a different approach.  The following are a few medical terms and procedures courtesy of materials from the Mayfield Clinic and local neurosurgeon Aury Nagy,...