Askeroth Law Group - April 2020

BRAIN WORK

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

OPENING DAY HAMBURGERS

Ingredients

• • • • • • • • •

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

Directions

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.

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