Nevada gives injured workers three levels of appeal after an unfavorable workers’ compensation decision: a Hearing Officer, an Appeals Officer, and judicial review in district court. Each level has its own strict deadline of 70, 30, and 30 days. A Las Vegas workers’ compensation lawyer at Shook & Stone can represent you at every step of that ladder.
Level One: The Hearing Officer (70 Days)
Your first appeal is a request for hearing filed with the Nevada Department of Administration Hearings Division within 70 days after the insurer mailed its determination, under NRS 616C.315. The insurer must give you the request forms for free. Hearings are informal and expeditious, and the Hearing Officer can affirm, modify, or reverse the decision.
Include your name, the employer, the insurer or third-party administrator, the claim number, and a copy of the determination letter you are appealing, since a hearing cannot be scheduled without that information. The burden is on you to show the insurer got it wrong, which is why the medical records, witness statements, and wage documentation you bring matter more than the informality of the room suggests.
Level Two: The Appeals Officer (30 Days)
If you lose before the Hearing Officer, NRS 616C.345 gives you 30 days from the date of the decision to file a notice of appeal with an Appeals Officer. This stage is more formal. Testimony is taken, a record is built, and the Appeals Officer can order an independent medical examination.
The Appeals Officer can affirm, modify, or reverse the Hearing Officer’s decision and issue any order needed to carry it out. Because the record built here is what a court will later review, this is the stage where preparation pays off most: the right treating physician opinions, a clear timeline, and testimony that holds up under questioning.
Level Three: Judicial Review (30 Days)
The final step is a petition for judicial review in Nevada district court under NRS 616C.370, which must be filed within 30 days after the Appeals Officer’s decision is entered and served, with a copy of that decision attached. The court reviews the record from the administrative appeal rather than retrying the case from scratch.
Judicial review is limited to the decision of an Appeals Officer, which means you cannot skip the administrative levels and go straight to court. It also means every earlier stage has to be handled with the court record in mind.
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Appealing When the Insurer Ignores You
You do not need a formal denial letter to appeal. Under NRS 616C.315, an insurer’s failure to respond in writing within 30 days to a written request you mailed can itself be appealed to a Hearing Officer. Insurers sometimes stall instead of deciding, and Nevada law treats that stall as an appealable event.
Reopening a Closed Claim
An appeal is not the only path back into the system. NRS 616C.390 lets you apply to reopen a closed claim when your condition changes, the change is caused by the original injury, and a physician certifies it. Reopening has its own requirements and waiting periods, including limits on reapplying after a reopening is denied, so get advice before you file.
What Wins Appeals
Appeals are won on the record, not on frustration. The decisions that get reversed are the ones met with focused medical opinions connecting the injury to the job, documentation that answers the insurer’s specific argument, wage records that include reported tips, and testimony that is consistent from the C-1 report through the hearing room.
- Treating physician reports that address causation directly
- A day-by-day timeline from injury to treatment to determination
- Witness statements and incident reports from the workplace
- Complete wage documentation, including reported tips for tipped positions
- Every insurer letter, filed and answered on time
If you just received the denial that started all of this, begin with our Las Vegas workers’ compensation denial lawyer page, which covers the first 70 days.
Why Injured Workers Bring Appeals to Shook & Stone
Shook & Stone has represented injured Nevada workers since 1997, has served more than 30,000 clients, and has recovered over $1 billion in compensation and benefits. We handle appeals at every level, from the first hearing request through judicial review, and we prepare each stage with the next one in mind. Call (702) 570-0000 for a free consultation, open 24/7.
Frequently Asked Questions
What are the workers’ comp appeal deadlines in Nevada?
There are three: 70 days from the mailing of the insurer’s determination to request a hearing before a Hearing Officer (NRS 616C.315), 30 days from a Hearing Officer’s decision to appeal to an Appeals Officer (NRS 616C.345), and 30 days from the entry and service of the Appeals Officer’s decision to petition for judicial review in district court (NRS 616C.370).
Is the Hearing Officer a judge?
No. Hearings before a Hearing Officer are designed to be informal and expeditious. The Hearing Officer reviews the determination, hears from both sides, and can affirm, modify, or reverse the insurer’s decision.
Can new evidence be presented at the Appeals Officer level?
The Appeals Officer stage is more formal, with testimony taken and a record built, and the Appeals Officer can order an independent medical examination. It is the stage where a well-prepared case, with the right medical opinions and witnesses, makes the biggest difference.
What if the insurer simply ignores my written request?
An insurer’s failure to respond in writing within 30 days to your written request can itself be appealed to a Hearing Officer under NRS 616C.315. Silence is not a dead end.
I missed my 70-day deadline. Is my case over?
Not necessarily. The statute allows exceptions in limited circumstances, and whether one applies depends on your facts. Call a lawyer immediately rather than assuming the claim is lost.
What if my condition gets worse after my claim is closed?
Nevada allows you to apply to reopen a closed claim under NRS 616C.390 when your condition changes, the change is caused by the original injury, and a physician certifies it. Reopening has its own rules and waiting periods, so get advice before filing.
How much does an appeal cost?
The insurer must provide hearing request forms at no cost, and Shook & Stone works on contingency with free consultations, so there is no fee unless we recover for you. Call (702) 570-0000 any time.
| Talk to a Las Vegas workers’ compensation lawyer for free. Shook & Stone has represented injured Nevada workers since 1997, has served more than 30,000 clients, and has recovered over $1 billion in compensation and benefits. There is no fee unless we recover for you. Call (702) 570-0000, open 24/7, or request a free consultation online. |
Shook & Stone Injury Lawyers
710 S. 4th Street, Las Vegas, NV 89101
Phone: (702) 996-5740 | Open 24 hours, 7 days a week
Free consultations. No fee unless we win.
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