Commissioner a Bit Confusing

[VinceJ]

Had my case heard yesterday. I answered all of my attorneys questions, the opposing asked a few questions but not many. The commission asked me several on my back and neck pain. Then didn't offer my lawyer to say anything else. He said I don't need to hear rebuttal because I have everything I need. Is that good or bad?

[tony]

Had my case heard yesterday. I answered all of my attorneys questions, the opposing asked a few questions but not many. The commission asked me several on my back and neck pain. Then didn't offer my lawyer to say anything else. He said I don't need to hear rebuttal because I have everything I need. Is that good or bad?

It's neither, it's business as usual.
We have no idea of the facts of your claim or what type of hearing you're referring to, even if we did it would be impossible to guess.

Tony

[VinceJ]

The claim is for permanent total disability. I have already received a permanent partial for neck injury which was 24% cervical spine. for this new hearing, if I don't get a PTD will they pay more for my neck, or no because I already have 24% paid.

[tony]

if I don't get a PTD will they pay more for my neck

No, you're locked into that 24% rating, you're entitled to PPD for five years.
If you receive PTD, benefits are for life - the hitch is they can reevaluate you on a yearly basis (send you to an IME)

Permanent partial benefits start once TTD benefits end, and they will continue for five years or until you turn 70, whichever happens later. (Nev. Rev. Stat. § 616C.490 (2020).)

Permanent Total Disability
If the doctor determines that you are permanently and totally disabled, you will continue to receive monthly payments at your TTD rate for as long as the disability continues.
https://www.nolo.com/legal-encyclope...in-nevada.html

Tony

[VinceJ]

Thanks you Tony, you explained it well! I get it now

[VinceJ]

So got the papers in the mail. They did not increase it at all. My lawyer says he is appealing the decision in a real court system, not workers comp court. I can see that taking forever!

[tony]

Don't know what you have for a lawyer but worker comp is the exclusive remedy.
Worker Compensation is administrative law, a "real court" will have nothing to do with a comp case unless you've exhausted all administrative remedies.
Like I said, you're locked into that 24% rating until you have anther IME - I assure you at that point they'll decrease the rating.

Tony

[VinceJ]

Commission ordered palliative care going forward. I just had dr call in a prescription and the insurance carrier has denied it. They have also denied physical therapy. Do I have any recourse other than getting the lawyer to go back to court for me? Thanks!

[tony]

Commission ordered palliative care going forward. I just had dr call in a prescription and the insurance carrier has denied it. They have also denied physical therapy. Do I have any recourse other than getting the lawyer to go back to court for me? Thanks!

No, without a lawyer and enforcing the court order you can forget your claim and move on.

Tony