After you receive an impairment rating in your Reno workers’ compensation case, the process is far from over. Your permanent partial disability (PPD) rating sets the stage for calculating your benefits, but you still have important decisions to make and deadlines to meet. Whether you agree with your rating or believe it undervalues your injury, understanding the next steps can make a significant difference in the compensation you ultimately receive. Nevada law provides injured workers with specific rights to challenge ratings, request second opinions, and pursue the full benefits they deserve under NRS Chapter 616C.
If you have questions about your PPD rating or need guidance on your workers’ comp next steps in Reno, the team at Shook and Stone is ready to help. Call 702-570-0000 or reach out online to discuss your case.
How PPD Ratings Work in Nevada
Your PPD rating reflects the degree of lasting physical impairment caused by your workplace injury. Ratings are expressed as a percentage of the “whole person,” meaning 100% represents a fully unimpaired individual. A rating physician might determine you are 12% or 20% impaired, for example, depending on the severity and nature of your condition.
Nevada law requires that PPD ratings be performed only by a doctor or chiropractor selected at random from the list of qualified rating physicians and chiropractors designated by the Administrator of the Division of Industrial Relations (DIR), and the worker must be in “stable and ratable” condition, also known as maximum medical improvement (NRS 616C.490, NAC 616C.103). This means your treating provider must first confirm in writing that your condition has stabilized before the rating process can begin.
Rating physicians must meet rigorous qualification standards under Nevada law. Under NAC 616C.021, they must pass the Nevada Impairment Rating Skills Assessment Test with a score of 75% or higher. They must also complete biennial continuing education courses approved by the Administrator on rating disabilities using the AMA Guides. These requirements help ensure that the evaluators performing your impairment assessment are properly trained.
💡 Pro Tip: Before your PPD evaluation, gather all of your medical records, imaging results, and documentation of ongoing symptoms. The rating physician’s assessment will rely heavily on your medical history, so completeness matters.
What Happens After an Impairment Rating: Your PPD Award Calculation
Once your impairment rating is finalized, your insurer uses it to calculate your PPD award. Under NRS 616C.490, the core PPD entitlement is based on your disability rating percentage and your average monthly wage, with compensation continuing for five years or until age 70, whichever is later, commencing on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later. Under NRS 616C.495, a PPD award may be paid in a lump sum; the statute governs how the lump-sum present value is calculated, and that present-value calculation incorporates the claimant’s age and the TTD termination date using actuarial annuity tables. Each of these variables can affect the final dollar amount, so even small differences in rating percentage can have a meaningful financial impact.
Key Factors in Your PPD Award
| Factor | How It Affects Your Award |
|---|---|
| Disability rating percentage | Higher percentage generally means a larger award |
| Average monthly wage | Your pre-injury earnings set the baseline for benefit calculations |
| Age at time of rating | Affects lump-sum present-value calculations under NRS 616C.495 (not the core monthly entitlement) |
| TTD payments received | The date TTD ends affects when PPD compensation commences and influences the lump-sum present-value calculation |
Understanding how these factors interact is critical for evaluating whether your award is fair. For a deeper breakdown, review our guide on Nevada’s PPD benefits.
Challenging Your Impairment Rating in Reno
If you disagree with the impairment evaluation, Nevada law gives you the right to seek a second opinion. Under NRS 616C.100, you may obtain a second determination of your disability percentage by selecting a new rating physician at random from the Administrator’s qualified list. The injured worker must pay for the second determination upfront, but if the second rating results in a higher percentage, you may request a hearing officer or appeals officer to order the insurer to reimburse you for the cost.
Requesting an Independent Medical Examination
Under NRS 616C.145, an injured employee can request an independent medical examination (IME) to determine if they have a ratable impairment or to dispute an initial rating determination and obtain a second rating. The rating physician for this IME must be selected at random from the Administrator’s qualified list, unless both parties agree on a specific physician (NRS 616C.145(5)). The insurer is required to pay the cost of the IME initially under NRS 616C.145(6).
There is a financial risk involved in requesting a second rating through an IME. If the second rating does not result in a higher disability percentage than the initial determination, the insurer may recover the cost of the IME from your PPD award under NRS 616C.145(8). This makes it important to carefully consider the strength of your case before pursuing this option.
💡 Pro Tip: Keep in mind that injured employees are generally limited to one IME per calendar year under NRS 616C.145(3). This limit applies broadly to IMEs requested under subsection 1(a) of the statute, including those related to PPD rating disputes. Plan your IME request strategically to get the most value from this right.
Administrative Review of Ratings
Rating evaluations are also subject to review by a panel established by the Administrator under NAC 616C.023. This panel of qualified rating physicians and chiropractors assists the Administrator in reviewing PPD evaluations to ensure they comply with the AMA Guides and the regulations of the Division. If you believe your rating contains errors or does not account for all affected body parts, administrative review may offer a path to correction.
💡 Pro Tip: Document every symptom and limitation you experience in daily life. Rating physicians evaluate your medical records, but a clear personal account of how your injury affects your ability to work and live can support a more accurate assessment.
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Claim Closure and Your Right to a PPD Evaluation
Before an insurer can close your claim, it must take specific steps required by law. Under NRS 616C.235, the insurer must provide written notice and either schedule a PPD evaluation or explain in writing why it finds you have no possibility of permanent impairment. If your insurer tries to close your claim without following this process, you may have grounds to challenge the closure.
This notice requirement exists to protect injured workers from premature claim closures. If you receive a closure notice and believe you have a permanent impairment that was not evaluated, act quickly. There are deadlines for appealing claim closures, and missing them can limit your options.
Lump-Sum Settlements and Vocational Rehabilitation
Nevada law allows injured workers to accept a lump-sum payment in lieu of vocational rehabilitation services under NRS 616C.595. However, accepting this payment extinguishes your right to receive vocational rehabilitation services under your claim. Any such lump-sum payment must not be less than 55% of the maximum vocational rehabilitation maintenance amount due to the employee under NRS 616C.555.
Workers should approach settlement decisions with caution. If you wish to appeal the percentage of physical impairment or which body parts or conditions are covered, do not accept a lump-sum settlement, because that generally ends litigation of most issues. Once you settle, you typically cannot reopen those disputes.
💡 Pro Tip: Before accepting any settlement offer, consider whether you have unresolved disputes about your rating or covered conditions. A settlement may seem attractive in the short term but could cost you significantly more in the long run.
Protecting Your Rights After a Permanent Impairment Rating in Nevada
The period after your impairment rating is one of the most consequential stages of your workers’ compensation claim. Decisions you make now about challenging your rating, accepting settlements, or pursuing vocational rehabilitation will shape your financial recovery for years to come. Nevada’s workers’ compensation system provides injured workers with meaningful protections, but those protections only work if you exercise them within the required timeframes.
Every case involves unique facts that affect the outcome. The applicable statutes, including NRS 616C.490, NRS 616C.145, and NRS 616C.495, provide a framework, but how those laws apply to your situation depends on the specifics of your injury, your medical history, and the actions taken by your insurer. Consulting with an experienced Reno workers’ compensation attorney can help you evaluate your options and protect your claim.
Frequently Asked Questions
1. What happens after an impairment rating if I disagree with the percentage?
You have the right to request a second determination through NRS 616C.100 or an independent medical examination under NRS 616C.145. Under NRS 616C.100, you select a new rating physician at random from the Administrator’s qualified list and pay for the second determination yourself. If the second rating is higher, you may request a hearing officer or appeals officer to order reimbursement. Alternatively, under NRS 616C.145(5), you may request an IME, which the insurer pays for initially, but if the second rating does not increase your percentage, the insurer may recover the IME cost from your PPD award under NRS 616C.145(8).
2. How is my PPD award calculated in Nevada?
The statutory entitlement to PPD compensation is set out in NRS 616C.490 and is based on your disability rating percentage and your average monthly wage; compensation is payable for five years or until age 70, whichever is later, commencing on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later. If you elect to receive your award in a lump sum, NRS 616C.495 governs how that lump-sum present value is calculated; the present-value calculation incorporates factors such as your age and the TTD termination date using actuarial annuity tables.
3. Can I accept a lump sum instead of vocational rehabilitation?
Yes, but doing so eliminates your right to receive vocational rehabilitation services under your claim. Under NRS 616C.595, the lump-sum payment must be at least 55% of the maximum vocational rehabilitation maintenance amount. Consider this decision carefully before proceeding.
4. How many IMEs can I request per year?
Nevada law generally limits injured employees to one IME per calendar year under NRS 616C.145(3). This limit applies to IMEs requested under subsection 1(a) of the statute, which includes requests related to PPD rating disputes. This limitation makes it important to time your request carefully and ensure you have strong grounds before filing.
5. What should I do if my insurer closes my claim without a PPD evaluation?
Under NRS 616C.235, your insurer must either schedule a PPD evaluation or explain in writing why no permanent impairment exists before closing your claim. If your insurer failed to follow this requirement, you may be able to challenge the closure through the appeals process. Acting quickly is essential because strict deadlines may apply.
Take the Next Step to Protect Your Workers’ Comp Benefits
Navigating the process after an impairment rating in Nevada requires attention to detail, knowledge of your rights, and timely action. From challenging an unfair PPD rating to making informed settlement decisions, every step matters. The experienced team at Shook and Stone is committed to helping injured Reno workers pursue the full benefits they are owed. Call 702-570-0000 today or contact us online to schedule a consultation about your claim.
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