Thank you to the International Vocational Rehabilitation Counselors Association for inviting me to attend their educational conference last week. It was hosted by certified counselors Gerry Davis, Cindi Rivera, and  retired counselor Jack Dymon at the State of Nevada Bureau of Vocational  Rehabilitation.   The focus of the conference was working with multi-cultural groups, and educational and training resources for clients with limited English ability.   I  need to be aware retraining  programs that are  suitable...

 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 best of the vocational rehab experience by doing the following: 1. Be sure you understand the rules.     During your first meeting with your voc rehab counselor, you will learn that you only have 60 days to decide and...

 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 off work or released to work with restrictions.  It is the worker's comp adjuster who will be making important decisions on your medical care and compensation benefits.  Ask your employer or a clinic staff person to give you the adjuster's name, phone number and fax...

 Most injured workers who call my office are fed up with delays in getting decent medical care or getting compensation checks from the workers' compensation adjuster.  Here's a list of why you might be having problems:     1. Your claim hasn't been accepted yet.      The adjuster handling your claim for your self-insured employer,  or  the third-party administrator handling your claim for your employer's insurer has 30 days from the date she receives the C-4 claim form from your doctor to accept or deny your claim.   If the...

After a serious Nevada work accident and hospitalization, the injured worker may require a nurse, then unskilled nursing care at home to go to the bathroom, bathe, and make meals.  This need for home health care often falls through the cracks if the treating surgeon forgets to prescribe attendant care, or the hospital coordinator doesn't follow through getting it authorized with the claims adjuster.  If a nurse case manager isn't assigned to the claim, the adjuster may get the request, but may not  arrange for it on time. What...

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 severe work injury, particularly if they have had borderline or high blood pressure in the past. A primary care doctor performing the pre-surgical clearance may want a cardiologist to run some more diagnostic studies, such as a treadmill stress test. Clearance can then...

There is a renewed trend among particular self-insured employers and third-party administrators (TPA's) in Nevada to send a Notice of Claim Acceptance for "lumbar strain only" on  low back injury claims.  My fellow claimants'  attorneys are also noticing an increase in claims where adjusters are denying medical treatment for a herniated disc,  because the claim was accepted for a "lumbar strain" and the injured worker didn't file a timely appeal.   For those workers who truly have a lumbar strain, a  claims...