Askeroth Law Group - April 2020


‘WHYWE SLEEP’ Walker explains that sleep nourishes the mind and body in a lot of different ways. Sleep increases your ability to learn and obtain information and improves the way your brain can retain what you’ve experienced during the previous day. Deep sleep results in the production of neurochemicals that bathe your brain during sleep, which clean out the “gunk” that builds up in your brain cells throughout the day. This neurochemical bath only happens during deep sleep. Sleep also strengthens and improves the immune system and can help you resist disease and the effects of old age. Even your dreams perform an important function. Dreaming helps your brain work out problems through abstract thought and promotes creativity (I keep a notepad by my bed because some of my best ideas have come during the night while dreaming). THE EFFECTS OF INSUFFICIENT SLEEP Throughout his book, Walker explains many of the negative effects of insufficient sleep. Here are a few of the important points he touches on. • Based on numerous studies, a person’s ability to stay alert throughout the day decreases by 400% after only one night of no sleep. Similarly, someone who sleeps six hours a night over a period of 10 nights suffers a similar cognitive deficit as someone who skips sleep for a night. This means consistently losing just 1–2 hours of sleep a night over a period of time can have significant impacts on your brain function. • Many studies have proven that pulling an all-nighter before a test (something I am guilty of on many occasions) is never beneficial because of the ill effects of lack of sleep. You would be better served foregoing the all-nighter study session and getting a good night’s sleep before a test. • Studies show that consistently sleeping less than six hours a night may increase your risk of catching certain diseases by 300%. • Getting at least 7–8 hours of sleep every night can significantly decrease your risk of catching the common cold, flu, and even certain types of cancer by 40%.

“Scientists have discovered a revolutionary new treatment that makes you live longer. It enhances your memory and makes you more attractive. It keeps you slim and lowers food cravings. It protects you from cancer and dementia. It wards off colds and flu. It lowers your risk of heart attacks and stroke, not to mention diabetes. You’ll even feel happier, less depressed, and less anxious. Are you interested? Surprise, it’s sleep!”

–MatthewWalker, “Why We Sleep”

Who wouldn’t be interested in a treatment like this? It sounds almost too good to be true! The answer is nothing new, however, and probably something you and I take for granted … it’s sleep . Throughout my life, I have personally struggled to get enough sleep. When I was in undergraduate school at UNLV (go Rebs!), I had a full-time job as a valet at a local casino here in Las Vegas. I worked the graveyard shift — midnight to 8 a.m. — five days a week. Immediately after work, I would head to UNLV to attend classes. Aside from school and work, I also had a newborn daughter at home. I was busy and overwhelmed with school, work, and a young, growing family. Because of my full schedule, I struggled to get sufficient sleep for the three years I worked a graveyard shift; it was hard to find time to prioritize it. Many days, I would take a nap in the back of my Ford Bronco at UNLV between classes (I had a friend build a customized bean bag that would fit in the back of the Bronco so I wouldn’t have to sleep in the driver’s seat). Many of you probably have busy lives and find it difficult to find the time to get a good night’s sleep. Because of our hectic modern society, getting 7–8 hours of sleep can seem like a luxury we cannot afford. I felt that way for a long time until I read MatthewWalker’s book “Why We Sleep.” After reading his book and studying the science behind sleep, I now realize just how much physical damage I inflicted on myself in those three sleep-deprived years. In his book, Walker discusses the reasons we sleep and the repercussions to our body when we don’t get enough of this important and nourishing activity. I now prioritize sleep and encourage my family to do the same. Here’s why.



My Favorite Pizza Place for 25 Years

always greet me by name, ask how I’m doing, and want to hear how the law firm is going. It’s very similar to the show “Cheers” when Norm walks in and everyone hollers “Norm!” I walk in, and I’m greeted with “Tom!” (Don’t think I am special though; they greet all of their regulars by name and know them all just as well as they know me.) It’s clear that all the employees at Verrazano care a lot about their customers. They always take the time to chat with me whether they’re making my pizza to go or I’m sitting down to enjoy my meal with family or friends. One employee, Kenny, always makes an effort to say hello and ask how I’m doing. The staff at Verrazano know me, my business, and my family because, to them, I’m much more than just a customer, and that’s a feeling you don’t get too often these days. Plus, their pizza is awesome … seriously, the best! One of the best things about Verrazano is the nostalgia every time I walk into the place. Even 25 years later, Verrazano still uses the same ingredients for their pizzas. It tastes just the same as it did back in 1999 when I would cruise over during my lunch break at Bonanza with my friends to grab a quick slice. They also have the best homemade ranch that has not changed one bit over the years. If you’re in the mood for some pizza and good service, I highly recommend heading to Verrazano Pizza near Rainbow and Westcliff in Las Vegas. I guarantee you will not be disappointed. Tell Ed and Ken I said hello. • Get in the habit of going to bed at the same time every night. • Limit caffeine consumption, especially after 12 p.m. • Practice relaxation techniques to put your mind at ease before bed. (I especially like the 4-7-8 breathing technique to combat anxiety … Google it!) Many of my clients struggle with chronic pain and find it difficult to sleep. According to, pain-related sleep loss impacts millions of Americans, so you’re not alone. Unfortunately, when pain becomes a problem, it can become a vicious cycle as it prevents sleep, which in turn decreases our ability to cope with the pain. Getting sufficient sleep is especially important for my clients who suffer from chronic pain. Studies show that sleep is a natural analgesic (pain reliever) that can manage and lower pain. Just making sleep a priority and applying some of the steps above is a step in the right direction to getting more sleep. According to one study, Americans who said they were very or extremely motivated to get enough sleep reported sleeping 36 more minutes per night across the week compared with others. Even among those with pain, a higher motivation to get sleep was associated with longer sleep durations and better sleep quality. For the last year or so, I have made sleep a priority in my life and encouraged my family to do the same. For me, that means going to bed earlier than I have done in the past. After a year of practicing better sleep practices, I can honestly say that my emotional and physical well-being has greatly improved. I encourage all of you to do the same and get more sleep! As all of you know, I am not a doctor, and if you have any questions about your health, you should talk to your doctor. That being said, if any of you are interested in reading MatthewWalker’s book, “Why We Sleep,” please let me know, and I will send you a free copy. It’s a great read. –TomAskeroth

If you’re craving pizza in Las Vegas, there isn’t a better place to go than Verrazano Pizza, in my humble opinion. For the past 25 years, I’ve been a regular at this local pizzeria, and no other spot comes close to the quality of pizza and service my family and I enjoy at Verrazano. Not only is the pizza is great, but I also absolutely love the service. On a typical day, you can catch the owner, Ed, behind the counter making pizzas by hand and greeting his customers as soon as they walk in. Ed knows his regulars by name. I’ve known Ed and his employees ever since I was a student at Bonanza High School, which is down the street. Over the years, they’ve gotten to know me as well. Whenever I walk in, they


• Poor sleep leads to increased hunger, causing you to eat more than you should; studies show that people who get insufficient sleep eat 300 more calories a day on average than when they are well rested. One study showed that when participants didn’t get adequate sleep for five days in a row, they ate more carbohydrates and gained an average of 2 pounds during this time period! • Lack of sleep greatly increases production of the stress hormone cortisol, which contributes to anxiety and depression. One study of an American school district showed that when schools changed their start time from 7:25 a.m. to 8:30 a.m., average SAT scores went up from 605 to 761 because the students were getting an extra hour or so of sleep in the morning before school. HOW TO GET BETTER SLEEP There are many methods you can follow to get better sleep through small changes in your habits. • First, be aware that blue light is proven to decrease the ability to fall asleep. To counter this, consider replacing the LED lights in your bedroom and stay away from screens on your phone, iPads, laptops, or any other electronic devices before falling asleep. • Limit your intake of alcohol before sleeping. • Take some time to nap at midday (this has shown to improve health and cognitive function), but do not nap after 3 p.m. • Lower the temperature in your bedroom to 65 degrees F. This has been found to be the ideal room temperature for sleep because your body must drop its core temperature by a few degrees before you fall asleep. • If you exercise in the evening, make sure there are at least 2 1/2 hours between the time you exercise and when you go to bed.



Tom’s cat and dog, Winston and Jupiter, getting ready for their afternoon naps

WORKERS’ COMP CORNER Medical Restrictions and Your Employment

Inspired by Saveur Magazine



• • • • • • • • •

1 tsp vegetable oil

1 lb ground chuck, 80% lean

Salt and pepper, to taste

4 soft, white hamburger buns, split

4 1/4-inch-thick tomato slices

12–16 pickle rounds

4 small leaves iceberg lettuce

4 1/4-inch-thick yellow onion slices

Condiments of your choice


1. Lightly grease a small nonstick skillet with oil. Heat over medium-high. 2. While heating, gently shape meat into four patties 3 1/2 inches in diameter. Be careful to handle the meat as little as possible to prevent tough burgers. Season liberally with salt and pepper. 3. Sear patties on each side, about 1 minute

When our clients open a workers’ comp claim, one of the more frequent questions they ask is, “What happens if the doctor gives me medical restrictions and I can’t go back to work?” Having an injury is stressful already, but the thought of being unable to go back to work can add to that anxiety. Under Nevada law, a person who is injured on the job has certain rights when they are unable to return to their prior employment because of medical restrictions as a result of their industrial injuries. When an injured worker receives temporary work restrictions from their doctor, the employer may provide reasonable accommodations for their worker or offer light-duty employment if it’s available. In the context of a workers’ comp claim, only the treating physician authorized by the workers’ comp insurer may give work restrictions.

When employers give the injured worker a new temporary light-duty job after an injury, they must follow certain requirements.

However, not every employer has light-duty jobs available for their workers. If this happens, then the injured worker may be entitled to receive temporary total disability compensation, or TTD. It’s important to keep in mind that under Nevada law, the employer is only required to pay two- thirds of the injured worker’s average monthly wage as TTD. An injured worker’s employer may offer light-duty employment at any time, and if it complies with the statute of regulation, the injured worker should accept the offer, in most cases. If the injured worker rejects a valid light- duty job offer, then they will not receive TTD compensation. 3 725-867-8495 | WWW.ASKEROTHLAW.COM | WORKERS’ COMPENSATION AND PERSONAL INJURY per side. Reduce heat to medium-low and continue cooking until desired doneness, about 1 more minute per side for medium- rare, 2 more per side for medium-well. 4. Let meat rest for a minimum of 3 minutes. 5. To assemble, place patty on bottom bun and top with tomato, pickles, lettuce, and onion (in that order). Spread condiments on top half of bun and place on top of onion. Serve.

10785 W. Twain Avenue, Suite 270 Las Vegas, Nevada 89135



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Prioritize Sleep

A Taste of Las Vegas

What It Means to Have Medical Restrictions Opening Day Hamburgers

3 Great Opening Days in Baseball

PEANUTS AND CRACKER JACKS The Best Opening Days in Baseball History

but his mere presence in a Dodgers uniform had already broken history. Despite his nationally-recognized skills — Robinson was named MVP of the MLB farm team league in 1946 — the backlash that followed his rise to the pros, both from fans and teammates, was palpable. Still, as well-known sportscaster Howard Cosell said, “Suddenly, it was a new beginning.” LOU, COMBS, AND BABE — OH MY! Considered one of the best teams in baseball history, the 1927 New York Yankees started their historic run and 25th season by dismantling the Philadelphia Athletics with a score of 8–3. The slugfest was true to form for the 1927 Yankees, whose players would go on to make up baseball’s famous “Murderers’ Row.” With sluggers like Lou Gehrig, Earle Combs, Babe Ruth, Mark Koenig, Bob Meusel, and Tony Lazzeri, it’s no wonder this team went on to win its fifth championship that year. THE HAMMER TIES BAMBINO For decades, no one could match George Herman Ruth. The Great Bambino’s all-time home run record seemed like an impossible feat of strength — that is, until Henry “Hammerin’ Hank” Aaron came along. On opening day, April 4, 1974, Aaron smashed his 714th homer, tying Babe Ruth for the most home runs ever hit and extending the Atlanta Braves’ shutout lead over the Cincinnati Reds. A few weeks later, Aaron surpassed Ruth’s record, prompting a standing ovation from the crowd.

Baseball’s opening day has been an American holiday of sorts since the Cincinnati Red Stockings threw out the first major league pitch in 1869. To celebrate the eventual start of the 151st season of professional baseball — as you probably know, opening day has been postponed due to health and safety concerns around COVID-19 — here are three of the best opening days in baseball history. A NEW BEGINNING On April 15, 1947, an opening-day game changed the course of Major League Baseball. On this day, Jackie Robinson started for the Brooklyn Dodgers, becoming the first African-American player to start for a major league baseball team. Robinson’s historic showing was lackluster, going 0-for-3 at the plate and making a solid showing on the infield at first base,


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