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

I have included a graphic to clarify what happens when the treating doctor tells the injured worker that he is "stable and ratable".   I have divided injured workers who are stable and ratable into two groups, depending on whether the injured worker is released to go back to work full duty, or whether the injured worker has permanent work restrictions.

If the injured worker has permanent work restrictions, then he is assigned a vocational rehabilitation counselor if the employer does not offer a permanent light duty job within 30 days of receiving permanent work restrictions from the treating physician.  Vocational rehabilitation benefits are started also.  (They are payable every two weeks and are the same amount as the temporary total disability check the injured worker has been receiving while out of work.)  Even though the vocational rehabilitation counselor will not know how much retraining the injured worker will receive until after the permanent partial disability percentage is determined, the counselor will start meeting with the injured worker to discuss potential programs.  Alternatively, the injured worker may receive a vocational rehabilitation lump sum buy-out instead of participating in a vocational rehabilitation retraining program. How much the insurer will offer will depend on the percentage of impairment.

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This week I visited the Las  Vegas Professional Institute of Technology & Accounting (LV-PITA) to get a first-hand impression of the school's retraining programs, to pop in on a few classes, meet some instructors, and to meet director Laurie Clemens. I like to personally acquaint myself with the doctors, vocational counselors, nurse case managers, and even the adjusters who will be major players on my clients' claims.  LV-PITA was provisionally licensed last June and expects its permanent accreditation from the state after its first year in operation.  The school is located in the Fountain View Business Park at Decatur, near Rochelle. 

Programs offered include accounting, basic computer training, networking, various network technologies, PC repair, and software applications used by office management staff and computer software specialists.  Click on this link  for more information on on certification programs and course specifics.

Laurie Clemens is an attractive, vivacious blonde with who exudes positive energy.  I will give you her official bio later.   About half of her 170 enrolled students are injured workers participating in retraining  programs paid by industrial insurers.  The other students are mostly older individuals who are referred by various other state and federal agencies that provide funds for vocational retraining.  LV-PITA also generously provides free  computer and job search classes by appointment every other Tuesday for all unemployed Las Vegans. 

I was particularly impressed that LV-PITA was working on retraining programs suitable for Hispanics who need help learning in Spanish before using more difficult materials in English.  The school also teaches the visually impaired, and has experimented and found the best method to teach those individuals who require a one-handed key board.  One of my former clients with a  severe hand injury and permanent impairment was very satisfied with the quality of instruction he received from the school.

Laurie is a native Las Vegan with many ties to the business community.  Having those long-standing connections gives her a tremendous advantage when placing students in internships and when helping graduating students with job placement in these difficult economic times.  Stay tuned for more information about LV-PITA and other schools I intend to visit myself.

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The Health Care Quarterly report in the recent issue of "Las Vegas In Business" has some good news for injured workers deciding which retraining program is most likely to lead to actual employment in the future. Health care employment was up 2,300 jobs from last year according to a research analyst.  The health care industry is recession-resistant because these are crucial jobs and because the health care industry is funded by either insurance or government programs.  The industry  expects more jobs with the opening of the Cleveland Clinic Lou Ruvo Center for Brain Health. 

Health care employees generally earn above-average wages depending on their level of training.  While state budget cuts in Nevada are affecting health care jobs also, and no one knows how the health care industry will be affected with federal health care reform, these jobs are still a solid career choice.

There are several vocational schools in Las Vegas that offer health care job training.  Talk to your vocational rehab counselor, and your attorney, about which schools are reputable and which assist their students in job placement.  Make sure you visit several schools and sit in on a few classes before deciding which school and which retraining program is best for you.

 After you are enrolled in a retraining program,  immediately  start thinking ahead to when the retraining program will end.  Only 28 days of benefits are paid when the formal retraining program concludes, and if you are not successful in finding a job right away , you are left without any income.   That means that you need to begin job search efforts before the school portion of the program ends.  Click on this link where  I found some good suggestions for networking and using existing contacts for referrals to potential employers who may be hiring.

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For many injured workers who are unable to return to their old jobs due a permanent injury, a formal program of retraining with a vocational rehabilitation counselor may not be an option, or may not be the best option.  Hispanic employees who have difficulty reading and writing English, for example, will not be able to participate in retraining programs, because almost all programs are taught in English.  Many  injured workers will have to come up with a way to market other skills they have, or will have to start their own businesses.

Nevada law prohibits an industrial insurer from funding self-employment efforts directly.  However, those injured workers who want to, or who must start a small business will at least receive a vocational rehabilitation lump sum buy-out that will help.  The amount of a vocational rehabilitation lump sum buy-out will vary, depending upon the PPD rating of the injured worker, and whether the insurer can be convinced to pay more than the minimum amount the insurer must offer.  See my article onlump sum buy-outs for more information.

Because a vocational rehab counselor is primarily involved in enrolling injured workers in formal retraining programs, the injured worker may not have much help in setting up his or her small business.  I have provided some useful links below for the injured worker who is just starting a small business:

- Checklist for starting a small business by theIRS

- Business name registration for sole proprietor in Clark County

- State business license

- Visit the Nevada Department of Taxation for more information on necessary licenses

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I sat down recently with seasoned vocational rehabilitation counselor Jeff Shea to discuss  how the depressed local job market  was affecting Nevada's injured workers who are referred for vocational rehabilitation services.  Jeff is no stranger to overcoming physical adversities himself, and an injured worker cannot complain that Jeff does not personally know how to deal with the extra challenges of a physical disability when reentering the workplace following a devastating injury. Jeff is from Philly, and that explains a lot about his no-nonsense, direct approach to advising injured workers. If you need your voc rehab counselor to sugar-coat the facts regarding today's local job market, Jeff is not the counselor for you.   However, if you do need to quickly know what the best schools are in town, and what the realistic job prospects are in the Las Vegas labor market, Jeff can be a valuable ally.

Vocational rehab counselors like Jeff Shea are independent contractors who are hired by adjusters.  There are voc rehab counselors who take pride in their work, who have integrity, and who are not scared off by insurers threatening  to take their business elsewhere whenever an adjuster disagrees with the voc rehab counselor.   I think Jeff  is one of those counselors, and I am impressed when he goes the extra mile on behalf of an injured worker he believes is really trying to make their retraining  program successful.   However, if an injured worker fails to show up for class repeatedly and has no reasonable excuse for poor class performance, don't expect  much sympathy from Jeff.  While I have questioned Jeff's very tough approach to counseling in the past, I think his approach has merit in today's difficult economy. 

When I expressed my concern for Hispanic clients who are unable to return to their former jobs and who are unable to participate in retraining classes taught only in English,  his response was, " They should have learned English by now. This is the USA."   I have a different view of the problem than that, but I also am at a loss as to how to provide retraining services to injured workers who cannot read and write English sufficiently to attend available retraining programs. 

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Nevada law (NRS 616C.555), provides that the length of a retraining program that may be authorized is determined by the permanent partial disability impairment percentage (the PPD).   This law does not make a lot of sense in that a an injured worker may have a high PPD under the AMA Guides to Evaluation of Permanent Impairment, but may be capable of returning to work, particularly if the injured worker’s job was sedentary.   Similarly, an injured worker may rate a low PPD under the AMA Guides , but may not be capable of working unless he is retrained for a long time. Nonetheless, the length of a retraining program is limited by the PPD percentage, regardless of the actual needs of the injured worker.

Injured workers with PPD’s of 1% to 5% may be offered programs up to 9 months long.

Injured workers with PPD’s of 6 to 10% may have programs up to 12 months.

Injured workers with PPD’s of 11% or more may have programs up to 18 months.

Only severely injured workers, or those with exceptional circumstances may obtain programs that are longer under NRS 616C.560.  The law is worded in such a way as to allow insurers to offer less than the maximum allowable length of retraining if the insurer believes that the injured worker could be retrained to gainful employment in a shorter amount of time. A good vocational rehabilitation counselor will try to request the best program for the injured worker.  Realistically, it is very difficult to find suitable retraining programs for injured workers who were earning high wages at the time of their accidents because of the statutory restrictions on the length of retraining programs.

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