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The Hearing Process
Appeal Insurer's Determination
Appeal MCO's Decision
Appeal Hearing Officers Decision
Appeal Appeal's Officers Decision
Two Levels of Administrative Appeal
Appeal of Insurer's
Determination
When an insurer or self-insured employer makes
a decision that the injured worker does not agree with, the
injured worker has seventy (70) days to appeal the decision to
the Hearings Officer. If the injured worker has written a
request to the insurer, and the insurer fails to respond to
the written request within thirty (30) days, the injured
worker may appeal to a Hearings Officer. The injured worker
must appeal the failure of the insurer to respond within
seventy (70) days from when the worker mailed the written
request to the insurer or the right to do so will be lost. NRS
616C.315.
Appeal of a Managed Care
Organization Decision
When a managed care organization (MCO) which
has contracted with a workers' compensation insurer makes a
decision that the injured worker does not agree with, the
decision must be appealed through the MCO's system for review
within fourteen (14) days or the right to do so will be lost.
This appeal must follow the procedure established by the MCO.
NRS 616C.305. The MCO must resolve the dispute within fourteen
(14) days after it is submitted. If the injured worker is
still dissatisfied with the determination, or if the MCO fails
to make a final determination in fourteen (14) days, an appeal
may be made directly to the Hearings Division Appeals Officer
as provided for in NRS 616C.345 and must be made within
seventy (70) days after the review or the right to do so will
be lost.
Appeal of Hearing
Officers' Decisions
If the injured worker loses at the Hearing
Officer level, but still wants to pursue his case, he must
complete a form called a Notice of Appeal and Request for
Hearing Before the Appeals Officer, and file it with the
Hearings Division within thirty (30) days. If the injured
worker would like to request the free service of the Nevada
Attorney for Injured Workers' (NAIW), the form includes a box
to be checked and a place for the injured worker to sign to
indicate he is requesting those services. If the injured
worker sends the completed form back to the Appeals Officer,
the Appeals Officer will appoint NAIW to represent him.
Appeal of Appeals
Officers' Decisions
If the injured worker has lost at the Appeals
Officers' level, NAIW has discretion to represent the injured
worker at the district court, and even the supreme court
levels. The appeals to the district court also must be made
within thirty (30) days and is by means of filing a pleading
called a Petition for Judicial Review.
Two Levels of Hearings
The Hearings Division is a state agency within
the Department of Administration. All contested workers'
compensation claims are heard and decided in the Hearings
Division. The Hearings Officer level is the first level
and is an informal process. The Appeals Officer level
is the second level and is a more formal process.
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