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  • The Retroactive Problem with Retroactive Back-pay in Workers' Compensation

    Posted By Shook & Stone || 9-Jun-2017

    By: Kevin Kampschror, Esq. Here is an all-too familiar hypothetical in workers’ compensation (“WC”). The insurer denies the claim, and the injured worker must then go before a Hearing Officer in order to get the denial reversed. Unless the injured worker knows their way around the system and applicable laws, it is always advised to be represented by an attorney at the hearing and ...
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  • Steps to Reopening Your Workers' Compensation Claim

    Posted By Shook & Stone || 26-May-2017

    By: Kevin Kampschror, Esq. Step 1: Are you eligible? Nevada has lifetime reopening rights if you either 1) are off work due to the injury; or 2) received a permanent partial disability (“PPD”). Generally, you must wait one year before reopening if you have received a PPD. See NRS 616C.390. If you were not off work or did not receive a PPD, you must reopen your case within one year. Id. ...
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  • Injured on the Job: Who do you Sue?

    Posted By Shook & Stone || 22-May-2017

    By: Kevin D. Kampschror When you get injured on the job in Nevada, you file a C-4 form within ninety (90) days which is a claim for compensation. The doctor you see will fill out the bottom half, and you will fill out the top half. The doctor who sees you will send the C-4 to the appropriate insurance company of your employer. Without the C-4, there is no claim and you cannot receive any benefits. ...
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  • An Independent Medical Evaluation, Can You Obtain One On Your Own?

    Posted By Shook & Stone || 12-May-2017

    By: Kevin D. Kampschror Under Nev. Rev. Stat. § 616C.140(1)(a) any employee who is entitled to receive compensation under chapters 616A to 616D, inclusive of NRS shall, if requested by the insurer or employer, submit to a medical examination at a time and place reasonably convenient for the employee, and as may be provided by the regulations of the Division. In other words, you must ...
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  • Work Injuries and Permanent Restrictions

    Posted By Shook & Stone || 17-Apr-2017

    By: Kevin Kampschror, Esq. When a person is injured on the job, hopefully they will recover and get back to the job they were doing. Generally, an injured worker will be given temporary restrictions by a doctor, and then the employer either can or cannot accommodate those temporary restrictions. See NRS 616C.475. Typically the temporary restrictions will continue until the injured worker has been ...
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  • Injured at Work: Can I Sue my Employer?

    Posted By Shook & Stone || 10-Apr-2017

    This is one of the most common questions asked when people are injured on the job. The question seems basic, but actually has a two-part answer. The first part is belying a myth about workers’ compensation. You do not ever sue anyone! Not the employer, not the insurance company. A workers’ compensation attorney will act as a guide to make sure you receive all benefits you are entitled ...
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  • Workers' Compensation: Benefits Available Under Nevada law

    Posted By Shook & Stone || 10-Apr-2017

    Workers’ compensation is an essential no-fault insurance system that provides much needed benefits to workers whose work-related injuries or illnesses prevent them from being able to engage in employment and earn a living. Under workers’ compensation, injured employees are eligible to recover medical benefits and benefits for wage supplementation, both of which are essential to a ...
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  • No Workers' Compensation Insurance: What do I do?

    Posted By Shook & Stone || 23-Mar-2017

    By: Kevin Kampschror, Esq. When you get injured while on the job you likely just assume your employer has workers’ compensation (“WC”) insurance. But what if they do not? What do you do? In Nevada, you have a few options. The injured worker can always contact their employer and request that the employer pay for the WC claim. However, this could be substantial as it would include ...
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  • Your Right to Select Your Own Doctor: Transfers of Care in Nevada Workers' Compensation Claims

    Posted By Shook & Stone || 20-Mar-2017

    By: Kevin Kampschror, Esq. NRS 616C.090 states in relevant part that an injured employee may choose a treating physician or chiropractor from the panel of physicians and chiropractors and if the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured employee may make an alternative choice of physician or chiropractor from the panel if the ...
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  • You're Fired! Can my Employer Fire me During my Workers' Compensation Case?

    Posted By Shook & Stone || 27-Feb-2017

    By: Kevin Kampschror, Esq. This is one of the most common questions I get when people come to retain my services. As with many other areas in law, it depends. There are a couple of procedural things to keep in mind. First, if you have been released to a full duty work status, your employer can terminate you at will, with no consequences. However, any remaining workers’ compensation benefits ...
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  • Permanent Partial Disability ("PPD") Rating: Are you Entitled to One?

    Posted By Shook & Stone || 15-Feb-2017

    By: Kevin Kampschror, Esq. NRS 616C.490(2) states that within thirty (30) days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected. . .(emphasis added.) In other words, if you may have a permanent ...
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  • Can the Adjuster Communicate with your Doctor Behind your Back?

    Posted By Shook & Stone || 27-Jan-2017

    By: Kevin Kampschror, Esq. NRS 616D.330(1)(b) states that “An insurer, an employer, an organization for managed care, a third-party administrator, or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or other compensated representative of an injured employee shall not initiate. . . Any written communication relating to the medical disposition ...
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  • Your Claim is Now Accepted, so why is the Insurance Company Refusing to Pay Your Back Wages?

    Posted By Shook & Stone || 17-Jan-2017

    By: Kevin Kampschror, Esq. An all-too common scenario is where an injured worker files a claim, is denied, and then the injured worker is forced to go to court to fight the claim denial. This could be months from the actual date of injury. Once a Hearing Officer reverses the claim denial (you win), the Insurer must then accept the claim. If there is not motion for stay filed, the Insurer must ...
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  • Reimbursement for Mileage in 2017

    Posted By Shook & Stone || 17-Jan-2017

    By: Kevin Kampschror, Esq. Under the law in Nevada, any injured worker who traveled to an authorized doctor’s office either 1) more than twenty (20) miles one way, or 2) for a total of forty (40) miles or more during a week period shall be reimbursed for the mileage. See NAC 616C.150. That reimbursement rate is the same rate the IRS sets for mileage reimbursement for that particular year. In ...
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  • What you need to know about Workers' Compensation Claims Adjusters

    Posted By Shook & Stone || 3-Jan-2017

    By: Kevin Kampschror, Esq. Everyone knows that doctors and lawyers have to go through extensive schooling and training. Everyone also generally knows that cosmetologists and nail technicians also need to obtain licensing in order to practice. What everyone does not know is that there is no licensing requirement for workers’ compensation adjusters in Nevada. There is no requirement from the ...
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  • Insurance Companies Playing Doctor

    Posted By Shook & Stone || 1-Jan-2017

    By: Kevin Kampschror, Esq. If you are injured at work, you will have to deal directly with an insurance company through an adjuster. However, if you retain an attorney, you will never have to deal with adjuster unless there are extremely extenuating circumstances as your attorney will be the contact point for you. Either way, you may encounter an adjuster attempting to use the medical degree or ...
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  • Reimbursement for Mileage: How Can it Possibly be in Dispute?

    Posted By Shook & Stone || 6-Dec-2016

    By: Kevin Kampschror, Esq. Under the law in Nevada, any injured worker who traveled to an authorized doctor’s office either 1) more than twenty (20) miles one way, or 2) for a total of forty (40) miles or more during a week period shall be reimbursed for the mileage. See NAC 616C.150. That reimbursement rate is the same rate the IRS sets for mileage reimbursement for that particular year ...
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  • Utilization Review Boards in Workers' Compensation: Your Ticket to Nowhere

    Posted By Shook & Stone || 11-Nov-2016

    By: Kevin Kampschror, Esq. If you were to see your own doctor under your own health insurance, would you give consent to another doctor, who has never seen you or met you, to look at your records and give a medical opinion about what you do and do not need? Would you then consent to that mystery doctor being able to modify your own doctor’s treatment plan, at times including things like ...
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  • Injured Workers and Their Own Medical Records

    Posted By Shook & Stone || 10-Nov-2016

    By: Kevin Kampschror, Esq. It is likely that you will not get a copy of your medical records when you visit the doctor on your own. Therefore, you may not think it is important to get a copy of your medical records during your workers’ compensation (WC) case. Not so! I would recommend that you do get a copy of your medical records during your WC claim. The reason is you want to know what the ...
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  • The Immigration Problem in Workers' Compensation

    Posted By Shook & Stone || 21-Oct-2016

    By: Kevin Kampschror, Esq. Here is a hypothetical: a farming company decides to temporarily employ Mexican citizens to do farming and agriculture work at a heavily discounted labor rate of $11.37 per hour. The farming company paid for the H2-A visa and also provided bunk-style housing. As you could guess, this form of labor is likely much cheaper than hiring United States citizens for this type of ...
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  • Independent Medical Examinations are Far From Independent

    Posted By Shook & Stone || 6-Oct-2016

    By: Kevin Kampschror, Esq. If you have been injured at work, you may receive a letter from the insurance company requiring you to attend an independent medical examination (“IME”) with a doctor. It is not unreasonable to assume that the doctor you see will be “independent,” as the title suggests, but unfortunately, this is not the case. There is nothing independent about an ...
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  • One Work-Related Car Accident, Two Cases

    Posted By Shook & Stone || 9-Sep-2016

    By: Kevin Kampschror, Esq. If you are injured on the job while you are driving, and the accident was not your fault, you may have two cases and not just one. You will have a workers’ compensation claim, and you may also have what is called a third party claim against the driver’s insurance company. That means your case(s) will be more complicated than the usual workplace injury case. ...
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  • I Lost Everything Because I Was Injured on the Job

    Posted By Shook & Stone || 26-Aug-2016

    By: Kevin Kampschror, Esq. It sounds harsh, but have you ever considered what might happen if you were injured on the job and your workers’ compensation claim was denied? If you were unable to work, how would you pay your bills? Just because you are injured on the job does not automatically mean you have a workers’ compensation case. Sometimes, there is a dispute about whether you ...
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  • Motion for Stay: A Win in Court may not be a Win

    Posted By Shook & Stone || 12-Aug-2016

    By: Kevin Kampschror, Esq. Let’s say you’ve been injured at work, and you file all of the necessary forms to submit your claim. The insurer takes its time – up to 30 days – to accept or deny your claim. Then, much to your surprise, the insurance company denies your claim. What now? The wise thing to do is to hire an attorney in order to fight to get your claim accepted. It ...
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  • What if You Were Hurt at Work and Test Positive for Marijuana?

    Posted By Shook & Stone || 29-Jul-2016

    Many companies have a “zero-tolerance” drug and alcohol policy. Simply put, if you are using drugs or alcohol or are under the influence at work, they will terminate you. In fact, some company policies require that any employee that is hurt on the job must submit to a post-accident drug test. Based on that, you would probably think that if you tested positive for marijuana on your ...
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