Category / Topic Archives: Benefits
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
Yesterday I met with Amie Pellegrini, the Nevada business manager for IW Pharmacy, an online prescription company that services injured workers. My staff and I have been having such difficulty getting prescriptions filled timely for clients, with many administrators using intermediary drug companies that only confuse and delay medication fills. This company promises to quickly … Continue reading Prescription Help for Injured Workers
Effective January 1, 2015, the reimbursement rate for workers compensation related travel has been increased from $.56 per mile to $.575 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 … Continue reading Mileage reimbursement update
Some third-party administrators of Nevada workers’ compensation claims routinely send injured workers their own medical release forms which give the adjuster authorization to request any and all medical records from any medical providers. I don’t have my clients sign those overly broad medical releases. They are an invasion of the injured worker’s privacy, and injured … Continue reading Your Privacy and Medical Authorization Releases
The Division of Industrial Relations (DIR) is the Nevada sub-agency responsible for maintaining a list of doctors authorized to perform impairment evaluations, also known as ratings, on injured workers with Nevada workers’ compensation claims. On December 14, 2014, the DIR updated its list of rating doctors to show which doctors have been added, or which … Continue reading Chiropractors in Nevada Rule the Rating List for PPD Exams
I have had rating issues come up in the past on how to rate injuries to the sacroiliac joint, and fortunately I had two experienced rating doctors reason that they should be rated under the DRE categories for a low back injury. I say fortunately because some rating doctors would have taken the position that … Continue reading Rating for Sacroiliac Joint- Nevada PPD
This past weekend (November 7-9, 2014), I spoke twice at a conference of the American Academy of Orthopedic Surgeons. Orthopedic doctors from various states attending the particular sessions I taught were mostly older, and many were hired by industrial insurance adjusters to do independent medical exams on claims where attorneys were involved. I had … Continue reading IME Docs’ Perspective
If you are an injured worker with an accepted workers’ compensation claim in Nevada, you should not be receiving bills from hospitals, radiologists, labs, doctors, or physical therapists for treatment that was authorized by your adjuster. In fact, it is against the law for medical providers on claims they know are accepted to bill the … Continue reading Injured Workers Wrongfully Billed for Medical Care
Any injured worker over the age of 30 with a serious work injury is likely to find some reference in his or her medical records to degeneration of the body part being examined. Degenerative disc disease, for example, is actually a normal part of the aging process. But insurers and their third-party administrators start to … Continue reading Nevada Insurers Often Wrong About Pre-existing Conditions
Virginia : The primary purpose of my blog posts is to inform Nevada’s injured workers about the law and the claims process. However, I occasionally like to offer my readers from the workers’ compensation industry a more detailed analysis of a current issue that requires a working familiarity with Nevada workers compensation claims. The … Continue reading Dr. Pirruccello Explains How to Rate Spinal Injuries
Forgive me for not explaining the word apportionment sooner in my past blog posts about permanent partial disability awards on Nevada workers’ compensation claims. It’s a bad word, and it means subtraction from the percentage of impairment. It the rating doctor writes in his report that he found you have a 10% whole body impairment, … Continue reading What’s An Apportionment of Your PPD Award?
Mark Kabins, M.D. spoke to a small group of claimants’ attorneys last week to talk about treatment of work-related spinal injuries. Dr. Kabins, a long-time resident of Las Vegas, was a very animated and passionate speaker about treating injuries under workers’ compensation claims. He is a Diplomat of both the American Board of Orthopedic … Continue reading Mark Kabins, M.D., Orthopedic spine surgeon
One of the best physicians to care for Nevada’s injured workers died recently following a long battle with cancer. I first met Dr. Maureen Mackey when I was working as an attorney for the State Industrial Insurance System, and she was employed as a physical rehabilitation doctor for the Jean Hanna Clark Rehabilitation Center in … Continue reading Dr. Maureen Mackey Dies
Nevada has a highly transient population, with people moving in and out of the state frequently, particularly in this volatile economy. I remember the days when they used to publish the Las Vegas phone book twice a year. (Now no one uses a phone book; we use our smart phones.) When an injured worker … Continue reading Out-of-State Medical Care for Nevada Injured Workers
Temporary partial disability benefits (TPD) are benefits that may be payable under the following circumstances: 1. You are working a temporary light duty job at a lesser wage because your duties are different, or you are making the same wage but your employer has reduced your hours each week; 2. You have a permanent job … Continue reading Temporary Partial Disability Benefits under Nevada Law
Let’s assume that you have an accepted workers’ compensation claim in Nevada, and that your treating doctor has just released you with permanent work restrictions that would ordinarily prevent you from being hired or going back to your regular duties at the job you had when you were injured. The question is whether your … Continue reading Does Your Employer Need to Keep You When You Have Permanent Work Restrictions?
Change Needed to Nevada’s Law on Physician Choice for Injured Workers A. A Short History of the Law In 1913, Nevada first enacted the Nevada Industrial Insurance Act and the Nevada Occupational Disease Act, now known as NRS Chapters 616A-D, and NRS Chapter 617. It was administered by the NIC (Nevada Industrial Commission). The NIC … Continue reading Bad Law on Doctor Choice for Nevada Injured Workers
1. First, know how long the adjuster has to approve or deny your doctor’s request. Your adjuster has 30 days to accept or deny your Nevada work comp claim. Expect only emergency care and clinic visits in the interim. If your doctor doesn’t think that diagnostic tests or treatment are necessary now, your only … Continue reading What To Do About Delays In Getting Medical Care
All injured workers should get a copy of their medical records at some point. Remember that your employer is being copied by the adjuster on all his/her letters to you and on some of your medical records. You should know what your doctor says about you and your injury, particularly if you are having problems … Continue reading Injured Workers Should Get Their Medical Records
The Nevada Division of Industrial Relations has determined that meals and lodging for attending physician appointments will be paid at per diem reimbursement rates set by the U.S. General Services Administration. The rates vary by season and by the city or county that is your destination. Your request for reimbursement for meals and lodging should … Continue reading Meals and Lodging
Orthopedic surgeon James Dettling, M.D. specializes in shoulder and knee injuries. About half his patients are injured workers treating under a Nevada workers’ comp claim. He and long-time medical assistant, Patrick Boland, and their indispensable office manager, Diane, stopped by my office today to meet my assistants and to chat over lunch. I’ve known Dr. … Continue reading Dr. Dettling Talks About Shoulder/Knee Work Injuries
Most people, excluding lawyers, are likely to tell you that it is an obvious fact that strenuous activity involving load on the back in occupations with heavy lifting, twisting, bending, and carrying will cause more back injuries. Athletes and medical professionals are less likely to make the injury causation assumption, and will respond that people … Continue reading Low Back Pain: Work-Related or Not?
Can I Hire a Lawyer After I Get My PPD Rating? Yes, you may. Just make sure that you are getting experienced guidance and good value for paying an attorney fee at this late stage of the claim, and be aware that attorneys’ fees will differ from one attorney to the next on … Continue reading Can I Hire a Lawyer after I Get My PPD Offer on My Nevada Claim?
Test your knowledge of permanent partial disability awards on Nevada workers’ compensation claims with the following quiz. I will post the answers next week with explanations. Have fun! Quiz Time- How Much Do You Know About PPD’s in Nevada? True or False? Even if an injured worker has a surgery … Continue reading Quiz on Nevada Work Comp PPD Awards