1.  Except as otherwise provided in subsection 3, the Nevada Attorney for Injured Workers shall, when appointed by an appeals officer or the Administrator, represent without charge a claimant before the appeals officer, Administrator, district court, Court of Appeals or Supreme Court. In addition, the Nevada Attorney for Injured Workers may give advice regarding a claimant’s rights before a hearing officer and the procedure for enforcing those rights.

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Terms Used In Nevada Revised Statutes 616A.455

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

2.  When representing a claimant, the Nevada Attorney for Injured Workers shall:

(a) Advise the claimant and present the claimant’s case to the appeals officer or Administrator; and

(b) Present in the district court or the appellate court of competent jurisdiction an appeal from the decision of the appeals officer or Administrator if, in the opinion of the Nevada Attorney for Injured Workers, the appeal is merited.

3.  If the Nevada Attorney for Injured Workers determines, in accordance with the guidelines adopted pursuant to subsection 4, that a claim is frivolous or lacks merit, he or she may refuse to represent a claimant.

4.  The Nevada Attorney for Injured Workers shall establish the policies to be followed in determining whether a claim is frivolous or lacks merit.