Mr. Guinasso is an advocate for employers, insurers and third party administrators. His practice focuses almost exclusively on employment and labor law with an emphasis on workers' compensation advice and litigation. He assists his clients with the development and implementation of sound strategies for claims administration by working closely with claims examiners and employer representatives. Mr. Guinasso strives to help each of his clients resolve workers' compensation claims quickly and economically, while at the same time positioning them for successful outcomes in the event that litigation becomes necessary. He has handled hundreds of cases that have examined a wide variety of issues. He regularly appears before workers' compensation administrative Hearing Officers and Appeals Officers. Additionally, he has maintained a significant appellate practice, which has included preparation of petitions for judicial review of administrative decisions, extraordinary writs, and appeals to the Nevada Supreme Court. Mr. Guinasso also advises his clients on workplace safety, investigations, employee discipline, and employee handbooks and policies and counsels his clients on the interaction of workers' compensation laws with state and federal laws prohibiting discrimination due to disability and/or laws mandating medical leaves of absence. Mr. Guinasso teaches focused courses, lectures at seminars and provides training to managers, claims examiners and lawyers on a broad range of employment-related subjects.
SERVICE, EXPERIENCE AND CAPABILITY
WORKERS' COMPENSATION LAW
- Represent employers in various types of workers' compensation claims, including disputes regarding occurrence of claimed injuries, timely reporting of claims, and late filing of claims.
- Provide extensive client counseling on how to administer and manage workers' compensation claims.
- Prepare pleadings, motions, briefs, and legal memoranda.
- Prepare case status letters to clients; review medical records and communicate with doctors; analyze risk of exposure to liability under various claims.
- Assess a claimant's entitlement to temporary total disability, vocational rehabilitation, and permanent partial disability (PPD) ratings under the 5th Edition to the AMA Guides to the Evaluation of Permanent Impairment.
- Represent employer/company seeking subrogation and reimbursement of indemnity and medical benefits paid on an accident and resulting injuries that were the fault of a third party.
- Representation of a distribution and logistics companies in a range of workers' compensations claims, hearings, proceedings, and trials.
- Advise employers on when and how an employee's situation is covered by the ADA, the FMLA, and the state workers' compensation statutes.
- Train employers on understanding the employer's obligations under the ADA, the FMLA and the state workers' compensation statutes.
- Develop a decision-making processes for employers to identify and diagnose ADA, FMLA and WC issues
- Assist claims examiners and HR professionals on how to determine compensability of a claim and how to utilize this information in the medical administration, claims management and litigation of a claim.
- Develop medical investigation and discovery plan to determine the nature and extent of disability.
- Defend cases in which employee/claimants attempt to unlawfully secure workers' compensation benefits through symptom magnification, malingering and fraud.
- Provide comprehensive understanding of how law interacts with medical treatment and care of a claim to determine which types of benefits are appropriate.
- Actively monitor new developments in labor law and with the activity and initiatives of labor unions.
- Represent employers in a wide variety of labor related matters, including:
- NLRB and State Labor Board cases
- Prevailing wage
- Disputes before the State Labor Commissioner
- Collective bargaining
- Unfair labor practice
- "Union free" programs
- Counter-organizing campaigns
- Strikes and picketing
- Grievances and arbitration
HUMAN RESOURCES SUPPORT
- Regularly provide advice and counsel to HR professionals regarding a wide variety of employment and labor law issues.
- Conduct human resource audits
- Prepare employee handbooks
- Advise on disciplining and terminating employees
- Develop policies and procedures
- Develop drug and alcohol programs
- Provide training addressing harassment and discrimination in the workplace
- Facilitate HR audits/planning
- Prepare human relations programs – aligning the interests of Management with the workforce
- Advise on best hiring practices
- Prepare employment contracts
- Prepare defense of non-compete agreements
- Prepare severance pay plans and releases
- Advise on avoiding wrongful discharge claims
DISCRIMINATION AND WRONGFUL TERMINATION
- Provide litigation defense against discrimination claims (age, race, disability, gender, and others) before state and federal administrative agencies.
- Provide litigation defense against sexual harassment claims
- Provide litigation defense against complaints filed in state and federal courts
- Successfully defend Wrongful termination claims based on various legal theories
- Workers' Compensation
- Harassment Claim Avoidance
- Retaliation Claim Avoidance
- Internal Investigations
- Disabled Employees; Leaves of Absence; Workers' Compensation
- Americans with Disabilities Act Compliance
- Family and Medical Leave Act Compliance
- COBRA Compliance
- Labor Issues
- Wages and compensation
- Hiring and Firing
- Contribute to a wide variety of publications
- Comment on employment law issues in local newspapers and journals.