Category / Topic Archives: Benefits


What happens when your FCE is invalid?
By admin on February 10, 2016

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, … Continue reading What happens when your FCE is invalid?

Mileage reimbursement decreased in 2016
By admin on January 12, 2016

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 … Continue reading Mileage reimbursement decreased in 2016

Low Back Pain is Leading Cause of Occupational Disability
By admin on December 23, 2015

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 … Continue reading Low Back Pain is Leading Cause of Occupational Disability


7 Useful Definitions for Understanding Your PPD Evaluation
By admin on December 21, 2015

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 … Continue reading 7 Useful Definitions for Understanding Your PPD Evaluation

Misdiagnosis and Traumatic Brain Injuries
By admin on December 11, 2015

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 … Continue reading Misdiagnosis and Traumatic Brain Injuries

Shame on DIR-Lame response to petition
By admin on September 14, 2015

I wish I could say I’m surprised by the lame response by DIR (Division of Industrial Relations) to the Petition I file d in July for DIR to do its job and have an actuary review the discount rate used to convert permanent partial disability awards to present value lump sums.  After you read DIR’s … Continue reading Shame on DIR-Lame response to petition


Rating hearing impairments
By admin on September 2, 2015

I get so many questions about hearing impairments that I am attaching a link to a recent explanation written by rating doctor Michael Glick, D.O., that appeared in the DIR Medical Unit’s Seminar 2015 newsletter. Please note that a 5% for tinnitus converts to a 2% whole person award. Some doctors will award for tinnitus … Continue reading Rating hearing impairments

Getting benefits after you win your case
By admin on August 21, 2015

I have a lot of information on my website, blog posts, and Youtube videos for those injured workers in Nevada who want to represent themselves at hearings.  But it appears that I haven’t addressed an important topic for those of you who successfully contest a claim denial and win your case in front of a … Continue reading Getting benefits after you win your case

DIR Undertakes Long-Overdue Review of Discount Rate
By admin on August 20, 2015

The following is an article from WorkCompCentral, an online workers’ compensation news reporting service and resource center for the work comp industry and injured workers.   I haven’t received a response from DIR to the Petition to Amend Regulation that I filed on July 29.  DIR has 30 days to respond to that Petition.  I am … Continue reading DIR Undertakes Long-Overdue Review of Discount Rate


Lump Sum PPD Awards Not Right in Nevada
By admin on August 3, 2015

Question:  Why is the PPD lump sum so much less than the total  installment amount?   Answer:  An injured worker may take up to a 25% whole person permanent partial disability award in a lump sum reduced to  present value under Nevada law (NRS 616C.495).  Present value means the current worth of all the installment payments … Continue reading Lump Sum PPD Awards Not Right in Nevada

2015 Changes to Nevada Police/Firefighter Heart and Lung Laws
By admin on July 24, 2015

The 2015 legislative session made a major change in SB 153 to the heart and lung statutes regarding the application of a conclusive presumption of compensability. A conclusive presumption means that the ill police officer or firefighter does not have to prove that an occupational exposure caused a disabling heart or lung disease. It also … Continue reading 2015 Changes to Nevada Police/Firefighter Heart and Lung Laws

Permanent Partial Disability Evaluations-2014
By admin on July 13, 2015

Thank you to Katherine Godwin, Supervisor of the Medical Unit, at the Devision of Industrial Relations-Workers Compensation Section, for providing me with the number of rating evaluations in Nevada for fiscal year 2014 (July 1, 2013 through June 30, 2014). A total of 5405 ratings were assigned by DIR, with 1249 in the North, 3749 … Continue reading Permanent Partial Disability Evaluations-2014


Nevada Work Comp Benefits for Injuries after 7/1/15
By admin on June 29, 2015

Nevada employees whose work-related accident or occupational illness occurs after 7/1/15 are entitled to receive the lesser of 2/3 of their actual average monthly, or 2/3 of the state maximum average monthly wage of $5,426.25.   If the injured worker was making more than the state maximum, she is only entitled to receive 2/3 of the … Continue reading Nevada Work Comp Benefits for Injuries after 7/1/15

Injured Workers in Nevada Survive 2015 Legislative Changes
By admin on June 2, 2015

The 78th session of the Nevada legislature closed last night with a close call for Nevada’s most severely injured workers.   The self-insured employers’ lobbyist tried a last minute attack on how  permanent partial disability awards are calculated by pushing for adoption of the 6th edition of the AMA Guides to Evaluation of Permanent Impairment.  Changing … Continue reading Injured Workers in Nevada Survive 2015 Legislative Changes

Physician Progress Report: Get one every doctor visit
By admin on May 27, 2015

Following every visit to your authorized treating doctor, be sure to ask the doctor or his assistant for a copy of the doctor’s physician progress report.  There is a DIR-approved form that most doctors use, although some have modified the form to include their office address, phone number, and have slightly different boxes for slightly … Continue reading Physician Progress Report: Get one every doctor visit


Should I Attend a PPD When I Need More Treatment?
By admin on May 15, 2015

As you know, I offer a free review of your Nevada  rating evaluation on your workers’ compensation claim if you fax it to me with what you think might be wrong with the rating. My fax number is (702) 731-9097.  Additionally, I will be posting one of my readers’ questions regarding permanent partial disability awards … Continue reading Should I Attend a PPD When I Need More Treatment?

Impressive Physical Therapist in Henderson
By admin on April 16, 2015

Most injured workers who hire attorneys do so because they are not satisfied with the medical care they are getting for their work injury. Although I am limited by current law to selecting medical providers on a particular insurer’s provider list, I consider it a very important part of my job to make sure that … Continue reading Impressive Physical Therapist in Henderson

Injured Workers’ Opinions Needed NOW!!
By admin on April 7, 2015

  As you know, I have been working with a group of dedicated workers’ comp attorneys to try to defeat some nasty bills that would significantly cut your benefits. Specifically, Assembly Bill 229 would require that rating doctors use the 6th edition of the AMA Guides to the Evaluation of Permanent Impairments instead of the … Continue reading Injured Workers’ Opinions Needed NOW!!


Legislative Update on Bills Affecting Injured Workers
By admin on March 31, 2015

Steve Miller ran two articles today in the Nevada Journal on the proposed legislation that would allow injured workers greater rights to choose their treating physicians. Let’s hope that Nevada’s lawmakers read them and pay particular attention to how ineffective DIR is with regard to looking out for the interests of injured workers as we … Continue reading Legislative Update on Bills Affecting Injured Workers

2015 Cost of Nevada PPD Exam
By admin on March 18, 2015

Effective 2/1/15 through 1/31/16, the cost of a permanent partial disability evaluation on a Nevada workers’ compensation claim is $754.62. That is for two body parts. The cervical spine is considered one body part, the thoracic spine another body part, and the lumbar spine would be a separate body part. For each additional body part … Continue reading 2015 Cost of Nevada PPD Exam

Choose Your Doctor Legislation: Need Testimony and Letters
By admin on March 9, 2015

Nevada injured workers can do something about the current law that limits their choice of treating doctors to those on their industrial insurers’ provider lists. The Nevada Chiropractic Association has sponsored a bill, AB 187, that would amend current law and would allow injured workers to treat with a doctor who is willing to accept … Continue reading Choose Your Doctor Legislation: Need Testimony and Letters


Peripheral Nerve Physician in Las Vegas: Tim Tollestrup
By admin on March 9, 2015

There was a lengthy article in the Las Vegas Review Journal today about the only peripheral nerve surgeon in Las Vegas, Nevada- Tim Tollestrup, M.D. I wrote about meeting him previously in a post in October 2012. Since then, I’ve had half a dozen workers compensation claimants treat with him, with excellent results. Additionally, he … Continue reading Peripheral Nerve Physician in Las Vegas: Tim Tollestrup

Neurosurgeon Randal Peoples on Neck and Back Surgery
By admin on February 21, 2015

Neurosurgeon Randal Peoples, M.D. spoke to a dozen claimants’ attorneys and interested health care providers recently about his philosophy in treating spinal injuries. He acknowledged that he has a reputation for being conservative about recommending surgery and stated that being a good surgeon is knowing when not to operate. Dr. Peoples emphasized that the patient’s … Continue reading Neurosurgeon Randal Peoples on Neck and Back Surgery

The Blame Game- Unhealthy Lifestyles and Work Comp
By admin on February 4, 2015

I believe that people are responsible for their actions in life, particularly decisions they make that affect their own personal health. Although I represent injured people, I may personally disagree with a sensational jury verdict against a deep-pocket corporation where it doesn’t appear that the plaintiff (person suing) was looking out for their own health … Continue reading The Blame Game- Unhealthy Lifestyles and Work Comp


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