Employers Misinformed About PPD Awards

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The most recent edition of the local magazine Nevada Business has incorrect information from a local insurance agency on how permanent partial disability awards (PPD) are determined under Nevada law. The sidebar in the article states that Nevada has workers' compensation laws that are pro business and that favor the employer, and I agree with that overall observation. However, this sidebar also states that in Nevada the "PPD is based on work restrictions." That is incorrect. The PPD is not based on an injured workers' work restrictions.

Under Nevada law, the rating physician is required to use the criteria in the AMA Guides to Evaluation of Permanent Impairment, 5th edition. The Guides determine impairment, defined as "a loss, loss of use, or derangement of any body part, organ system, or organ function." Guides, 1.2a. Ratings reflect the impact on an individuals performance of activities of daily living, excluding work, which is not considered to be an ADL in the Fifth Edition. Guides 1.5.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Virginia L. Hunt, Law Office of Virginia Hunt | Attorney Advertising

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