Tag Archives: workers


IME Docs’ Perspective
By admin on November 9, 2014

 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

When a Win is Not a Win- Stay Orders
By admin on October 1, 2014

 If an injured worker in Nevada successfully convinces a hearing officer to reverse an adjuster’s action on a claim, the insurer and/or the employer has the right to file an appeal to an appeals officer.  The insurer or employer must file their appeal within 30 days (plus 3 days for mailing of the hearing officer’s … Continue reading When a Win is Not a Win- Stay Orders

Nevada Fire Fighters Have Special Work Comp Laws
By admin on September 29, 2014

Special Work Comp Laws Applicable to Fire Fighters A. Contagious diseases Exposure to contagious diseases while providing medical care at work is considered an injury by accident. NRS 616A.265 (2); testing and lifetime benefits for tuberculosis, hepatitis, and HIV are covered in detail for fire fighters. B. Cancer There is a rebuttable presumption of compensability … Continue reading Nevada Fire Fighters Have Special Work Comp Laws


Mark Kabins, M.D., Orthopedic spine surgeon
By admin on August 26, 2014

 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

Dr. Maureen Mackey Dies
By admin on August 15, 2014

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

Temporary Partial Disability Benefits under Nevada Law
By admin on July 26, 2014

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


Work-related Car Accident Claims Are Complicated
By admin on July 20, 2014

 If you are injured while in the course and scope of your employment while driving, and the accident wasn’t your fault, your case is more complicated than the usual work injury case.  I urge you to consult with a knowledgeable attorney so that you do not lose important rights and sources of recovery available to … Continue reading Work-related Car Accident Claims Are Complicated

Bad Law on Doctor Choice for Nevada Injured Workers
By admin on July 17, 2014

 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

Older Injured Workers
By admin on July 1, 2014

 Older employees in Nevada who have a job accident resulting in an injury, or those who have an occupational illness don’t fare very well under our current workers’ compensation system.  For the majority of injured workers who have a work injury or illness who only miss a small amount of time and need a few … Continue reading Older Injured Workers


What To Do About Delays In Getting Medical Care
By admin on June 24, 2014

  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

Injured Workers Should Get Their Medical Records
By admin on May 18, 2014

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

Meals and Lodging
By admin on May 13, 2014

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


Dr. Dettling Talks About Shoulder/Knee Work Injuries
By admin on May 7, 2014

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

Reopening Your Nevada Workers’ Compensation Claim
By admin on May 1, 2014

                    Re-opening Your  Nevada Workers’ Compensation Claim  Know whether you have re-opening rights and when to time your request. Only injured workers who received a permanent partial disability award, or who were off work due to the work injury or occupational disease have lifetime reopening rights. The … Continue reading Reopening Your Nevada Workers’ Compensation Claim

Workers’ Compensation Fraud Reporting Inaccurate and Misleading
By admin on April 30, 2014

      Channel 3 had an inaccurate and one-sided report on fraud by injured workers yesterday.   Billie-Marie Morrison, a wonderful workers’ compensation attorney with Craig P. Kenney & Associates wrote to the the reporter and asked him to make corrections and to also report on insurer and employer fraud.  We will see whether … Continue reading Workers’ Compensation Fraud Reporting Inaccurate and Misleading


Nevada Workers Compensation Law Videos
By admin on April 17, 2014

Recently I recorded some videos on the Nevada Workers’ Compensation Law Hearings and Appeals Process. I take you inside the hearings and appeals court to show you what to expect and to describe what will take place.  When you have 15 minutes, click on the video playlist below to view and feel free to comment. … Continue reading Nevada Workers Compensation Law Videos

Representing Yourself at Hearings on Your Nevada Comp Claim
By admin on March 31, 2014

    For those people who want or who must represent themselves at the first level of hearings, you need to read the Rules of Practice.  These are the rules that the hearing officers expect attorneys and hearing advocates to know when they appear for a hearing.  Although the hearing officers do not expect unrepresented … Continue reading Representing Yourself at Hearings on Your Nevada Comp Claim

Low Back Pain: Work-Related or Not?
By admin on March 9, 2014

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?


Nevada Workers’ Comp and Social Security Disability
By admin on March 4, 2014

     I asked attorney Gerald Welt, Esq., if he would provide me with a guest blog post on how workers’ compensation interacts with the receipt of Social Security Disability benefits, and his office sent me the following general explanation.   Gerald is an excellent attorney who handles Social Security cases if you need one.:  … Continue reading Nevada Workers’ Comp and Social Security Disability

Quiz on Nevada Work Comp PPD Awards
By admin on February 18, 2014

  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

Physical Therapist Karen Crawford Knows Nevada’s Injured Workers (And She Cares!)
By admin on January 29, 2014

One of the benefits of being self-employed  and writing my own blog is that I can express my opinion  on what is right with Nevada’s workers’ compensation system, and what needs improvement or overhauling.  I accept no "favors" from medical providers I mention as providing superior service to injured workers.  I like to let hurt employees … Continue reading Physical Therapist Karen Crawford Knows Nevada’s Injured Workers (And She Cares!)


Hiring a Lawyer: Things to Consider
By admin on January 27, 2014

 Here’s a rather lengthy article by the staff writer for Lexis Nexis Workers’ Comp. Communities, a website for workers’ comp lawyers, about a conference I spoke at on the topic of why injured workers hire lawyers.   it was an interesting panel discussion with both defense lawyers and claimants’ attorneys.  My bottom line message was … Continue reading Hiring a Lawyer: Things to Consider

Benefit Penalties: Updated Info from DIR
By admin on January 24, 2014

 I received a letter from Charles Verre, Chief Administrative Officer of the Workers’ Compensation Section of the Division of Industrial Relations responding to my request for more information about the number of benefit penalties against insurers and third-party administrators by DIR.  (DIR investigates complaints by injured workers that insurers and/or their third-party administrators are violating … Continue reading Benefit Penalties: Updated Info from DIR

Child Support Deduction from Nevada Work Comp Benefits
By admin on January 21, 2014

Workers’ compensation benefits, including final settlement awards, called permanent partial disability awards, are generally not subject to assignments or garnishments, and are not subject to attorneys liens or medical provider liens. See NRS 616C.205. The one major exception to that general rule is that the statute does allow for payment of past due child support … Continue reading Child Support Deduction from Nevada Work Comp Benefits


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