If you suffered a workplace injury in Reno and received a permanent partial disability (PPD) rating that feels too low, you are not stuck with it. Nevada law gives injured workers the right to dispute an impairment evaluation they believe undervalues their lasting physical limitations. A low PPD rating can mean thousands of dollars less in benefits, so understanding how to challenge that number is critical to protecting your financial future. Whether you work in construction, warehousing, hospitality, or any other demanding job across Reno, knowing your options matters.
If you believe your PPD rating does not reflect the full extent of your injuries, Shook and Stone can help. Call 702-570-0000 or reach out to our team online today.
What a PPD Rating Means for Reno Workers Compensation Attorney Clients
A PPD rating measures the degree of permanent physical impairment you retain after reaching maximum medical improvement. In Nevada, this rating is expressed as a whole-person percentage and directly determines your disability benefits. The rating should account for all physical impairments and body parts hurt in your work injury. If even one injured body part is overlooked or underrated, your benefits may fall short.
PPD ratings in Nevada must be performed by a doctor or chiropractor listed on the Nevada rating panel maintained by the Division of Industrial Relations (DIR). You do not choose your initial rater. Because these evaluations involve medical judgment, reasonable doctors can disagree about severity. That is why Nevada law provides a mechanism for obtaining a second opinion when the first rating appears inaccurate.
Why a Low Impairment Rating in Nevada Costs You Money
The financial impact of a low PPD rating extends beyond a smaller monthly check. Your PPD award is calculated under NRS 616C.490, which bases monthly payments on the disability percentage and your average monthly wage, compensating 0.6% of the average monthly wage for each 1% of whole-person impairment. Age and the termination date of Temporary Total Disability (TTD) affect when payments commence and how long they continue, but NRS 616C.490 explicitly provides that the degree of physical impairment is the basis for entitlement. If any element of your evaluation is incorrect, your entire award can suffer.
For workers who elect a lump-sum payment, the stakes are even higher. The lump-sum value is calculated using actuarial annuity tables adopted by the Division, meaning a higher PPD rating directly increases your payout. The lump-sum cap depends on the date of injury. For injuries from July 1, 1995 through December 31, 2015, the lump-sum cap is generally 25% whole person impairment (though insurers may offer up to 30%). For injuries on or after January 1, 2016, the lump-sum cap is 30% whole person impairment. The Nevada Supreme Court confirmed no legal basis exists for insurers to reduce the 25% lump-sum payment limit by deducting prior PPD lump-sum payments from earlier injuries.
💡 Pro Tip: Keep copies of every medical record, imaging report, and treatment note related to your work injury. Thorough documentation strengthens your position when disputing a PPD rating.
How to Request a Second PPD Rating in Nevada
If you disagree with your impairment evaluation, Nevada law under NRS 616C.100 allows you to obtain a second determination of your disability percentage. You (the injured employee) must personally select the next physician or chiropractor in rotation from the qualified rating list maintained by the Administrator pursuant to NRS 616C.100. You must pay for this second rating upfront, but if the second determination finds a higher percentage, you may request a hearing officer or appeals officer to order the insurer to reimburse you for the cost.
Preparing for Your Second Evaluation
Before your second evaluation, gather all documentation of your injuries and treatment history. Ensure the evaluating physician has access to records covering every body part affected by your work injury. A common reason for low initial ratings is incomplete assessment of all impairments. You should also understand your permanent partial disability benefits so you can communicate effectively about your limitations during the evaluation.
What Happens After the Second Rating
If the second rating is higher than the first, you may request reimbursement for the cost of the comparison evaluation. A higher second rating can serve as the basis for requesting a revised PPD award. If the insurer refuses to adjust your benefits, you retain the right to pursue the matter through Nevada’s administrative appeals process. If both ratings remain lower than expected, additional options may still be available, including an independent medical examination under NRS 616C.145.
💡 Pro Tip: Do not rush into accepting any settlement offer before your PPD rating dispute is fully resolved. Under NRS 616C.495(2), electing a lump sum terminates all compensation benefits and constitutes final settlement of all factual and legal issues in the case.
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The Nevada PPD Appeals Process: From Hearing Officer to Supreme Court
Nevada provides a structured appeals path for workers who disagree with PPD determinations. The process generally follows this sequence: hearing officer, appeals officer, district court, and finally the Nevada Supreme Court. At each level, the prior determination is reviewed and may be affirmed, modified, or reversed.
Disputing Claim Closure
Before your claim is closed, the insurer must either provide you with a PPD evaluation date or explain why it finds you have no possibility of permanent impairment, as required by NRS 616C.235. If you disagree with the closure decision, you may dispute it through the State Hearings Division.
| Appeals Level | Who Reviews | What Happens |
|---|---|---|
| Initial Determination | Insurer / Claims Adjustor | PPD rating assigned and award calculated |
| First Appeal | Hearing Officer | Reviews insurer’s determination |
| Second Appeal | Appeals Officer | Reviews hearing officer’s decision |
| Court Review | District Court | Reviews appeals officer’s decision |
| Final Review | Nevada Supreme Court | Reviews district court’s decision |
💡 Pro Tip: Each level of appeal has its own filing deadlines. Missing a deadline can forfeit your right to challenge the rating, so track every notice and respond promptly.
Common Reasons PPD Ratings Come In Too Low
Several factors can lead to an initial PPD rating that undervalues your impairment:
- The evaluating physician failed to assess all injured body parts related to your work injury
- Pre-existing conditions were improperly used to reduce the rating without adequate medical reasoning
- The evaluator relied on incomplete medical records or did not review recent imaging
- Functional limitations from your injury were not fully documented during the examination
- The rating did not properly reflect the combined effect of multiple impairments
In some cases, insurers have attempted to reduce benefits through methods courts have rejected. For instance, the Nevada Supreme Court held no legal basis exists for insurers to reduce the 25% lump-sum payment limit by deducting prior PPD lump-sum payments from earlier injuries.
💡 Pro Tip: If you have injuries to multiple body parts from the same work incident, confirm that each body part was separately evaluated and combined into your whole-person impairment percentage. Overlooked body parts are a common source of underrated PPD evaluations.
What to Avoid When Challenging a PPD Rating in Reno
The most critical mistake injured workers make is accepting a lump-sum settlement before resolving their PPD dispute. If you wish to appeal the percentage of physical impairment or which body parts are covered, do not take a lump-sum settlement. Accepting it constitutes final settlement of all factual and legal issues and you waive your right to appeal, including the right to challenge the closure or disability percentage. Once you accept a lump sum under NRS 616C.495(2), all compensation benefits terminate.
Another common error is failing to act within required timeframes. The administrative appeals process has specific deadlines at each stage, and courts interpret exceptions narrowly. If you are considering a PPD rating challenge in Reno, consulting with a Reno workers compensation attorney sooner rather than later helps preserve all available options.
💡 Pro Tip: Write down every symptom and physical limitation you experience before your PPD evaluation. Raters assess impairment based on what you report and observe during the appointment. Being thorough helps ensure nothing is missed.
Frequently Asked Questions
1. Can I get a second PPD rating if I think mine is too low?
Yes, Nevada law under NRS 616C.100 allows you to obtain a second determination of your disability percentage. You (the injured employee) must personally select the next physician or chiropractor in rotation from the qualified rating list. You pay upfront but may request reimbursement if the new rating is higher.
2. Does a higher PPD rating increase my lump-sum payment?
In most cases, yes. The lump-sum value is calculated using actuarial annuity tables, and a higher PPD rating generally results in a larger payout. However, Nevada law caps the amount that may be taken as a lump sum. For many claimants, the cap is 25% whole person impairment (for injuries from July 1, 1995 through December 31, 2015); for injuries on or after January 1, 2016, the cap is 30% whole person impairment. Amounts above the threshold must be paid in installments.
3. What happens if I accept a lump sum before my PPD appeal is resolved?
Accepting a lump sum terminates all compensation benefits under NRS 616C.495(2) and constitutes final settlement of all factual and legal issues in the case. This means you generally lose the ability to pursue a higher rating or additional benefits, including the right to appeal the closure or disability percentage. Resolve any PPD disputes before electing a lump-sum payment.
4. Who performs PPD evaluations in Nevada?
PPD ratings must be performed by a doctor or chiropractor on the qualified rating list maintained by the Administrator of the Division of Industrial Relations. You do not select your initial rater; however, for a second comparison rating it is the injured employee who must personally select the next physician or chiropractor in rotation from that list.
5. How long does the PPD appeals process take?
The timeline varies depending on the complexity of your case and how many levels of review are needed. The process moves from hearing officer to appeals officer, then potentially to district court and the Nevada Supreme Court. Each stage involves its own procedures and deadlines.
Protecting Your Right to Fair PPD Benefits in Reno
Challenging a low PPD rating in Nevada requires understanding your rights, acting within deadlines, and building a strong record of your injuries. From obtaining a second determination under NRS 616C.100 to navigating the multi-level appeals process, every step matters in pursuing the benefits you deserve.
Do not let a low PPD rating go unchallenged. Contact Shook and Stone by calling 702-570-0000 or send us a message online to discuss your workers’ compensation case with our team today.
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