In most cases, it is the Insurer who is responsible for paying the cost of a Permanent Partial Disability exam. However, in some cases, the burden falls on the injured worker. Unfortunately, this burden just got a bit heavier for injured workers to carry in these rare situations. Effective February 1, 2016, the cost of a PPD evaluation for 2 body parts rose from $754.62 to $775.75. Two of the most common reasons an injured worker may have to pay for a rating out-of-pocket include situations in which the insurer is attempting to close the claim without a rating, and when the injured...

An FCE is a Functional Capacity Evaluation that takes about 2-3 hours at a physical therapist’s office selected by the adjuster to help the treating doctor determine whether the injured worker should have permanent work restrictions.  More and more treating physicians are requesting that they be done before the doctor gives permanent work restrictions.   Unfortunately, some doctors don’t understand (or don’t want to understand) that they have the final authority as treating doctor to agree or disagree with the FCE findings. If the FCE comes back invalid, most doctors feel compelled...

Effective January 1, 2016, the reimbursement rate for workers compensation related travel has been decreased significantly from 57.5 cents per mile to 54 cents per mile. Injured workers are eligible for mileage allowance under NAC 616C.150. Mileage is eligible for reimbursement if the injured worker is traveling to a doctor’s appointment related to his or her workers compensation claim (this includes physical therapy); and is using a private vehicle; and travels 20 miles or more one way; or travels 40 miles or more within one week In order to be reimbursed for eligible...

It isn't always clear what the difference between a work-related illness and  an illness that doesn't originate in work activities but is made worse when the employee must try to work.    Even when it is obvious and doctors directly report that an illness is caused by an employee's particular work duties, you can count on most workers' compensation insurers and their administrators to deny the claim.  The reasons for denial of these occupational illness claims cited by administrators in their denial letters often make no sense.  It is as if administrators are not aware that in addition to...

According to the Department of Labor, low back pain accounts for one-third of all occupational mesculoskekletal injuries and illnesses resulting in work disability.  A recent article in the Journal of Occupational and Environmental Medicine, December 2015,  states that two thirds of low back pain cases return to work within 1 month, but a substantial number (17%) experience work disability for 1 to 6 months, and 7% for 6 months or longer.  The article goes on to examine the length of disability and medical costs with regard to various states' workers' compensation policies.  While the...

In order to fully understand your Permanent Partial Disability evaluation, you need to know the meaning of a few of the important terms used by the rating doctors: AMA Guide to Evaluation of Permanent Impairment, 5th Edition: This is the book that the rating doctors in Nevada must use when determining the injured worker’s percentage of impairment.  Other states have adopted older or newer versions of the AMA Guides, but Nevada law requires the use of the 5th edition.  It isn’t an easy book to understand and newer rating doctors make plenty of mistakes. Apportionment­: This is the...

I am attaching a good article from another law firm on the Misdiagnosis and Traumatic Brain Injuries.  With injured workers often receiving sub-optimal medical care even when they can speak up and voice complaints, the worker with a brain injury is at greater risk of not getting appropriate care.   If you question whether a loved one that has had a brain injury is getting the right care, an initial consultation with a workers’ compensation attorney may be helpful.