Nevada Workers' Compensation Law Blog : Nevada Workers' Compensation Lawyer & Attorney : Virginia Hunt Law Firm : Las Vegas Job Injuries & Worker Accidents

I’m resolved this year to be so positive that those around me can’t help but to take some to use in their own battles with adversity  and negativity.   My clients come to me because they have overwhelming problems in dealing with their work injury- either medically, vocationally, emotionally, financially, or all of these things at once.   My job is to be a problem solver and a source of information and inspiration for injured workers  so that they may move beyond their injuries into a better life. That’s a tall order for me, and some days I do a better job than others. In order to help my clients with negativity, both internal and external, I’m resolved to set a better example in my own life. Here’s how I hope to do it:

1.       Write it down.

I’m setting my alarm ½ hour earlier each day to handwrite three pages of whatever comes into my mind. This is time to complain, establish a wish list, vent anger, and just write freely.  It’s cathartic. I can unload some unnecessary baggage to make myself lighter for the coming day. 

2.    Thank someone for something every day. 

 I don’t get around to sending a written note to someone every day, but I really have no excuse not to do that, as I have a staff to help me.  As an injured worker, you will need a lot of help from a lot of people while you heal physically and financially. A simple handwritten thank you note to someone who has extended a kindness or good service to you says so much about you as a person, and produces wonderful surprises. 

3.   Clarify what I want and what I don’t want.

This may sound obvious, but it isn’t. It is incredibly difficult, for example, for many injured workers to tell me what they would like to do for a living if they could choose anything at all.   For me, taking a few minutes to get away from external noise and all the busy things going on around me, helps me focus on what my goals are. When I am able to identify exactly what I would like to happen, it is more apt to happen. 

4.    Take more responsibility for my happiness.

Some days it takes almost a constant mantra of,  “ I can choose to feel differently about this”, in order to stave off the negativity others are heaping on my head.    In order to make room for the good that is ready to happen, we need to clear ourselves of the resentments we hang onto and the false focus on the unfairness of life. This attitude adjustment needs a lot of work, but I can resolve to keep trying to improve upon it daily.

5.       Volunteer more

On days when absolutely nothing is going right, perhaps I simply need to give more time, attention, or money to someone else.  I often recommend volunteer work to those clients who are unemployed. And if you don’t have time, energy, money, or attention to give away, then just extend some small act of kindness to another. 

6.       Be more patient and forgiving with myself

Best Wishes for a Safe and Happier New Year Everyone!   Virginia

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Simply wishing injured workers "Happy Holidays" isn't enough when I know that for most of you the holidays bring added stress financially.  I'm therefore running two Holiday Specials.  The first five injured workers who post a helpful tip or some positive words of encouragement to injured workers on my office Facebook  wall page will receive a $50 gift card.  You don't have to be a client of mine to qualify.  Simply show my staff some documentation that you are a Nevada injured worker when you stop by to pick up your gift card.  Please call ahead to verify that you won.

Secondly,  I am offering reduced attorney fees to any new clients who sign with me between now and December 31, 2010.  I will reduce my fee by 10% of what I would ordinarily charge you.   For example, if you are a union member, and I would ordinarily charge you  25% of the permanent partial disability award at the conclusion of your claim, I will reduce my fee to 22.5% of the PPD.   Or, for example,  if I would ordinarily charge a  fee of 33.33% of the PPD,  I will instead agree to a contingency fee of 30%.  I try to quote an attorney fee that reflects the amount of work I may need to do now, as well as in the future.  An initial consultation with me is free, and you are welcome to openly discuss an agreeable fee with me after I know what your claim entails.  My staff cannot give fee quotes over the phone.

I will be staying in Las Vegas over the holidays, riding my horse, and enjoying some time with my two sons who will be home from college.  My office manager of sixteen years, Vanessa, hasn't told me yet when the office is closed for Christmas and New Years' Day, so I'm not sure of holiday office hours as I write this.  However, I do check my emails and often work from home even when the office is officially closed.  You can write to me at Virginia@HuntLawOffice.com.   My hope for you this holiday season is that good health is restored to you quickly.

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The Workers' Compensation Section of the Division of Industrial Relations (DIR) reported in their winter newsletter that an average of 464 ratings are sent in each month. Nevada law requires insurers to send a copy of all  PPD evaluation reports to DIR.   As of December 1, 2010, there were 141 rating doctors who were on DIR's rotating list of  physicians and chiropractors.  The Workers' Comp Section (WCS)  takes three rating doctors  from the north of the state, and three rating doctors  from the south to meet every six weeks to  review about 10% of the ratings that the WCS randomly reviews for possible errors.  DIR's Southern District Manager wrote to me that of the 10% that are reviewed by WCS employees, about 30 PPD reports that have possible errors  or discrepancies are sent  to the PPD Panel for further  review. 

The PPD Panel then provides confidential  recommendations to those 30 or so rating doctors whose ratings have mistakes. This  review is supposed to be for the benefit of the individual rating physician to improve the overall quality of impairment evaluations in Nevada.  When I asked the Southern District Manager  whether an insurer or injured worker is entitled to see a Panel review, she responded that legally, neither the insurer,  nor the claimant,  may see or obtain a copy of  Review Panel's comments.

Nor may an injured worker or an insurer  request that the WCS or the PPD Review Panel check over a particular rating report. If an injured worker or the insurer  thinks that the PPD rating doctor made a mistake, they must pay for a second evaluation or pay for their own  review by another doctor.  Some insurers send all larger PPD ratings to an outside service to check whether a lower percentage should be offered.  The DIR quality assurance process is not something that an injured worker can use to determine whether their rating was done correctly. 

Click here for more information on how to obtain a second rating evaluation if you think your rating percentage is incorrect. Please keep in mind that if you are unsure about whether your rating percentage is incorrect, this attorney will review your  rating report for you free of charge to advise you whether you should pay for a second rating evaluation or not. Given the high cost of a second rating evaluation, you don't want to pay for one without first knowing the likelihood of obtaining a higher percentage with a second rating physician.

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Injured workers who have permanent physical restrictions that prevent them from returning to their old jobs are usually separated from their old employer and assigned a vocational rehabilitation counselor.  That independent counselor's job is to help  you develop a retraining program over the next 60 days that can be presented to the adjuster for approval. 60 days is a very short time to have the voc rehab counselor test your skills and to determine whether you are likely to be successful in a particular training program.  And 60 days is a short time for you to investigate and actually visit various schools that have training programs. An injured worker who thinks that he will not be going back to his preaccident employer due to a permanent injury, must start thinking about retraining options as soon as possible.

At the end of the retraining program, the injured worker is given only 28 days of additional benefits while the worker searches for a job in her new field.  The voc rehab counselor, and the school providing the retraining, should both be helping the injured worker to find new employment.  However, 28 days is a short time to find work in this economy.   I advise my client to think ahead and plan for the job search now.    Look at this old CNN post on CareeerBuilder.com on  "10 Reasons You Can't Find a Job".   Those clients of mine who have a written plan for finding a job in a notebook are ultimately successful.  Those clients who do not write down their efforts, what they intend to do each day,  and who simply talk about job search efforts are not likely to find jobs.  

According to the Survivors Club, the skill of adaptability, or the ability to adjust to new situations and change your attitude and behavior to handle new challenges is a hallmark trait of a survivor.    Ben Sherwood, author of  best-selling book Survivors Club, says that it's definitely possible to make changes in our attitudes and behaviors to develop new abilities to cope with adversity.  Looking for a job following a retraining program requires drawing on the psychological strengths common to the most effective survivors: adaptability, resilience, faith, hope, purpose, tenacity, love, empathy, intelligence, ingenuity, flow and instinct.   I encourage you to revisit their web site for more information on how to hone these strengths for your job search period.  Good luck to you.

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I came across another website that offers information on treating chronic pain, as well as a comprehensive list of other websites with additional help for people dealing with injuries or illnesses that cause chronic and long-lasting pain. There may be something useful for you here, particularly the kit offered for tracking and measuring your pain.  http://www.partnersagainstpain.com/pain-management-resources/tips.aspx  You might also want to read the articles on how to better communicate what you are experiencing and feeling with regard to your pain when meeting with your doctor.  As you know, so much of treating chronic pain involves trial and error, both with prescription medications and lifestyle changes until the person does not feel overwhelmed and controlled by pain.  I am always looking for useful tips or information to share with injured workers, so please feel free to send me your comments.

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