I receive many calls from injured workers who want me to take their case after they lost their case at the appeals officer level.  Unfortunately, neither I, nor any of the more experienced workers' compensation attorneys, will agree to take over a case after  the appeals officer hearing. Here's why you won't be able to find a lawyer to take your case on a petition for judicial review to the district court level, or why your NAIW attorney might refuses to to file a petition after representing you at the appeals officer hearing. Almost all  contested work comp...

If you are seriously hurt on the job, and think that you might not be able to return to your old occupation, you may need to be retrained to do a different  kind of work.  Under  Nevada workers' compensation law, you may qualify for vocational rehabilitation services and benefits if your treating doctor gives you permanent work restrictions that prevent you from returning to your old line of work, and your employer does not offer a permanent light duty job. ( Read more about permanent light duty job offershere.) If you do qualify for...

Formerly called RSD (reflex sympathetic dystrophy),  CRPS ( complex regional pain syndrome)  is a  type of pain  thought to be caused by an injury or abnormality in the nerve pathway.  It typically causes a  burning sensation, and hypersensitivity to touch  somewhere in the arms or legs.   If not treated early, it may spread from one limb to another.  This diagnosis  strikes terror in the hearts of adjusters, because  the length of time the claimant will need treatment is unpredictable.   CRPS...

1. File the request for hearing on time at the right place.  Each time your adjuster sends a letter regarding your medical care or your benefits,  appeal rights  are included at the end of that letter.  A request for hearing form should be included  so that you may file an appeal if you disagree with the letter.  You have only 70 days to return that request for hearing form to the Hearings Division in either Carson City or Las Office.  Do not send the request for hearing form to the adjuster instead of to the Hearings Office...

Under Nevada workers' comp law, the burden of proof is on the injured worker to show that it is more probable than not that the injury or claimed occupational disease is work-related.  This makes it very difficult to get a claim accepted if your doctor isn't certain that your  injury or illness should be treated under a comp claim.  Your doctor may think that you should instead be getting treatment using your health insurance, assuming you still  have health insurance. Remember, it is the initial treating doctor at the...

It is not unusual for an insurer or self-insured employer to hire investigators to videotape injured workers for the purpose of showing that the worker is not as injured as he or she claims to be.  Investigators typically park in front of an injured worker’s home to get a few minutes of the worker going to the mailbox, entering their vehicle, or doing household tasks.  These investigators are not violating the law so long as they are not trespassing, and they may videotape the injured worker in public places as well.   The real problem with these investigations is...

Injured workers who have permanent physical restrictions that prevent them from returning to their old jobs are usually separated from their old employer and assigned a vocational rehabilitation counselor.  That independent counselor's job is to help  you develop a retraining program over the next 60 days that can be presented to the adjuster for approval. 60 days is a very short time to have the voc rehab counselor test your skills and to determine whether you are likely to be successful in a particular training program.  And 60 days is a short time for you to investigate...