Nevada Revised Statutes for Workers' CompensationIn Nevada, eligibility for workers' compensation benefits is governed by Nevada Revised Statutes or NRS. All workers' compensation determinations should be based on an applicable statute. The statutes that apply to workers' compensation are listed below.Index of Nevada Revised Statutes - Workers’ Compensation
NRS 616A.005 Short title. Chapters 616A to 616D, inclusive, of NRS shall be known as the Nevada Industrial Insurance Act. [1:168:1947; 1943 NCL § 2680.1]—(Substituted in revision for NRS 616.010) NRS 616A.010 Legislative declarations: Statutory construction; repudiation of common law; basis of provisions; balanced interpretation required. The Legislature hereby determines and declares that: 1. The provisions of chapters 616A to 617, inclusive, of NRS must be interpreted and construed to ensure the quick and efficient payment of compensation to employees who are injured or disabled at a reasonable cost to the employers who are subject to the provisions of those chapters; 2. A claim for compensation filed pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS must be decided on its merit and not according to the principle of common law that requires statutes governing workers’ compensation to be liberally construed because they are remedial in nature; 3. The provisions of chapters 616A to 617, inclusive, of NRS are based on a renunciation of the rights and defenses of employers and employees recognized at common law; and 4. For the accomplishment of these purposes, the provisions of chapters 616A to 617, inclusive, of NRS must not be interpreted or construed broadly or liberally in favor of an employee who is injured or disabled or the dependents of the employee, or in such a manner as to favor the rights and interests of an employer over the rights and interests of an employee who is injured or disabled or his or her dependents. (Added to NRS by 1993, 660)—(Substituted in revision for NRS 616.012) NRS 616A.015 Prior acts of State Industrial Insurance System continued in effect; disposition of claims and causes of action existing on December 31, 1999. 1. All premiums, contributions, penalties, money, properties, securities, funds, deposits, contracts and awards received, collected, acquired, established or made by the State Industrial Insurance System under the provisions of chapters 616A to 617, inclusive, of NRS before January 1, 2000, continue in full force and effect, and the rights, obligations and liabilities of the System thereunder must be assumed and performed by the successor organization of the System. 2. All proceedings must be had and rights determined under the provisions of chapters 616A to 617, inclusive, of NRS on any claims or actions pending or causes of action existing on December 31, 1999. [99:168:1947; 1943 NCL § 2680.99] + [Part 100:168:1947; 1943 NCL § 2680.100]—(NRS A 1981, 1463; 1999, 1758) NRS 616A.020 Rights and remedies exclusive; terms and conditions for payment of compensation conclusive, compulsory and obligatory; application of exclusive remedies to certain employers. 1. The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other rights and remedies of the employee, his or her personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury. 2. The terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of those chapters. 3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect, land surveyor or engineer who performs services for: (a) The contractor; (b) The owner of the property; or (c) Any such beneficially interested persons. 4. The exclusive remedy provided by this section applies to the owner of a construction project who provides industrial insurance coverage for the project by establishing and administering a consolidated insurance program pursuant to NRS 616B.710 to the extent that the program covers the employees of the contractors and subcontractors who are engaged in the construction of the project. 5. If an employee receives any compensation or accident benefits under chapters 616A to 616D, inclusive, of NRS, the acceptance of such compensation or benefits shall be in lieu of any other compensation, award or recovery against his or her employer under the laws of any other state or jurisdiction and such employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction. [27:168:1947; 1943 NCL § 2680.27]—(NRS A 1971, 885; 1973, 624; 1989, 230; 1999, 3139) NRS 616A.021 Limitation of actions upon repeal or invalidity. 1. If the provisions of chapters 616A to 616D, inclusive, of NRS relative to compensation for injuries to or death of employees become invalid because of any adjudication, or are repealed, the period intervening between the occurrence of an injury or death, not previously compensated for pursuant to those chapters by the payment of a lump sum or completed monthly payments, and the repeal or the rendition of the final adjudication of the validity must not be computed as a part of the time limited by law for the commencement of any action relating to the injury or death if the action is commenced within 1 year after the repeal or adjudication. 2. In any such action, any sum paid by an insurer by reason of injury to an employee by whom, or by whose dependents, the action is prosecuted, must be taken into account and credited upon the recovery as payment. [97:168:1947; 1943 NCL § 2680.97]—(NRS A 1973, 604; 1979, 1051; 1993, 729; 1995, 2030)—(Substituted in revision for NRS 616B.098) NRS 616A.022 Applicability of Nevada Insurance Code. If there is a conflict between the provisions of chapters 616A to 617, inclusive, of NRS and the provisions of title 57 of NRS, the provisions of chapters 616A to 617, inclusive, of NRS control. (Added to NRS by 1999, 1758) NRS 616A.025 Definitions. As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, have the meanings ascribed to them in those sections. [2:168:1947; 1943 NCL § 2680.2] + [3:168:1947; 1943 NCL § 2680.3]—(NRS A 1977, 188; 1981, 710, 1016; 1987, 2047, 2322; 1991, 2398; 1993, 692; 1995, 1638, 1977, 2008; 1997, 576, 578, 2766; 1999, 1759, 2445, 3140, 3376; 2001, 2256, 2447; 2003, 2303, 2331; 2009, 2779) NRS 616A.030 “Accident” defined. “Accident” means an unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury. [18:168:1947; 1943 NCL § 2680.18]—(NRS A 1975, 221)—(Substituted in revision for NRS 616.020) NRS 616A.035 “Accident benefits” defined. 1. “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices. 2. The term includes: (a) Medical benefits as defined by NRS 617.130; (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his or her employment; (c) Preventive treatment administered as a precaution to a police officer, a salaried or volunteer firefighter or an arson investigator who: (1) Was exposed to a contagious disease: (I) Upon battery by an offender; or (II) While performing the duties of a police officer, firefighter or arson investigator, if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of NRS 616C.052; or (2) Tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052; and (d) Preventive treatment for hepatitis administered as a precaution to a police officer, full-time salaried firefighter, arson investigator or emergency medical attendant employed in this State. 3. The term does not include: (a) Exercise equipment, a hot tub or a spa for an employee’s home; (b) Membership in an athletic or health club; (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle. 4. As used in this section: (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee. (b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services. (c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C. (d) “Preventive treatment” includes, without limitation: (1) Tests to determine if an employee has contracted hepatitis or any other contagious disease to which the employee was exposed; and (2) If an employee tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest X rays as are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services. [8:168:1947; 1943 NCL § 2680.8]—(NRS A 1987, 921; 1991, 2398; 1993, 692; 1999, 2445; 2001, 1014, 1871; 2003, 104, 3412; 2005, 340, 2236; 2009, 542) NRS 616A.040 “Administrator” defined. “Administrator” means the Administrator of the Division. (Added to NRS by 1981, 1449; A 1993, 1855)—(Substituted in revision for NRS 616.026) NRS 616A.045 “Advisory organization” defined. “Advisory organization” means the organization designated and licensed by the Commissioner to file the classifications of risks for private carriers pursuant to chapters 616A to 616D, inclusive, and chapter 686B of NRS. (Added to NRS by 1995, 2000; A 1999, 1759) NRS 616A.047 “Appeals Panel” defined. “Appeals Panel” means the Appeals Panel for Industrial Insurance that hears grievances of employers, other than self-insured employers, pursuant to the provisions of NRS 616B.760 to 616B.790, inclusive. (Added to NRS by 1999, 3376; A 2001, 2256) NRS 616A.050 “Association of self-insured private employers” defined. “Association of self-insured private employers” means a nonprofit, unincorporated association composed of five or more private employers that has been issued a certificate by the Commissioner and is subject to the provisions of NRS 616B.350 to 616B.446, inclusive. (Added to NRS by 1993, 659; A 1995, 1978; 2007, 3333) NRS 616A.055 “Association of self-insured public employers” defined. “Association of self-insured public employers” means a nonprofit, unincorporated association composed of five or more public employers that has been issued a certificate by the Commissioner and is subject to the provisions of NRS 616B.350 to 616B.446, inclusive. (Added to NRS by 1993, 659; A 1995, 1978; 2007, 3333) NRS 616A.060 “Association’s administrator” defined. “Association’s administrator” means a person who is employed by or has contracted with the board of trustees of an association of self-insured public or private employers to carry out the policies of the board of trustees and to be responsible for the daily operation of the association. (Added to NRS by 1995, 1974) NRS 616A.065 “Average monthly wage” defined. 1. Except as otherwise provided in subsection 3, “average monthly wage” means the lesser of: (a) The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee, excluding remuneration from employment: (1) Not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act; and (2) For which coverage is elective, but has not been elected; or (b) One hundred fifty percent of the state average weekly wage as most recently computed by the Employment Security Division of the Department of Employment, Training and Rehabilitation during the fiscal year preceding the date of the injury or accident, multiplied by 4.33. 2. For the purposes of subsection 1: (a) The date of the accident or injury to the employee must be determined pursuant to NRS 616C.425. (b) “Wage”: (1) Does not include any amount paid by an employer for health insurance that covers an employee or the dependents of the employee, or both. (2) Is increased by the amount of tips reported by an employee to his or her employer pursuant to 26 U.S.C. § 6053(a), except: (I) Tips in a form other than cash; and (II) Tips in cash which total less than $20 per month. 3. For the purpose of increasing compensation for permanent total disability pursuant to NRS 616C.465 or increasing death benefits pursuant to NRS 616C.520, “average monthly wage” has the meaning shown in the following schedule: Effective Date Average Monthly Wage for Prior Fiscal Year July 1, 1973...................................................................................................... $688.60 July 1, 1974........................................................................................................ 727.48 July 1, 1975..................................................................................................... 1,142.21 July 1, 1976..................................................................................................... 1,211.00 July 1, 1977..................................................................................................... 1,287.44 July 1, 1978..................................................................................................... 1,377.08 July 1, 1979..................................................................................................... 1,488.46 July 1, 1980..................................................................................................... 1,591.86 (Added to NRS by 1973, 530; A 1975, 650; 1981, 1226; 1985, 1444; 1991, 2398; 1993, 693, 1855; 1995, 579, 1638)—(Substituted in revision for NRS 616.027) NRS 616A.070 “Benefit penalty” defined. “Benefit penalty” means an additional amount of money that is payable to a claimant if the Administrator has determined that a violation of any of the provisions of paragraphs (a) to (e), inclusive, (h) or (i) of subsection 1 of NRS 616D.120 has occurred. (Added to NRS by 1995, 1637; A 1997, 532; 2003, 1669; 2005, 1101; 2009, 3031) NRS 616A.075 “Casual” defined. “Casual” refers only to employments where the work contemplated is to be completed in 20 working days or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of the work is less than $500. [12:168:1947; 1943 NCL § 2680.12]—(NRS A 1977, 373)—(Substituted in revision for NRS 616.030) NRS 616A.077 “Catastrophic injury” defined. “Catastrophic injury” means an injury sustained from an accident and resulting in: 1. The total loss of sight in one or both eyes; 2. The total loss of hearing in one or both ears; 3. The loss by separation of any arm or leg; 4. An injury to the head or spine which results in paralysis of the legs, the arms or both the legs and arms; 5. An injury to the head which results in severe cognitive impairment, as determined by a nationally recognized method of objective psychological testing; 6. An injury consisting of second or third degree burns on 50 percent or more of: (a) The body; (b) Both hands; or (c) The face; 7. The total loss of or significant and permanent impairment of speech; or 8. Any other category of injury deemed to be catastrophic as determined by the Administrator. (Added to NRS by 2009, 2778) NRS 616A.080 “Certified vocational rehabilitation counselor” defined. “Certified vocational rehabilitation counselor” means a person who: 1. Has a master’s degree in rehabilitation counseling; or 2. Has been certified as a rehabilitation counselor or an insurance rehabilitation specialist by the Commission on Rehabilitation Counselor Certification, which is a division of the Board for Rehabilitation Certification. (Added to NRS by 1993, 659)—(Substituted in revision for NRS 616.034) NRS 616A.085 “Commissioner” defined. “Commissioner” means the Commissioner of Insurance. [6:168:1947; 1943 NCL § 2680.6]—(NRS A 1981, 1456)—(Substituted in revision for NRS 616.040) NRS 616A.090 “Compensation” defined. “Compensation” means the money which is payable to an employee or to the dependents of the employee as provided for in chapters 616A to 616D, inclusive, of NRS, and includes benefits for funerals, accident benefits and money for rehabilitative services. [7:168:1947; 1943 NCL § 2680.7]—(NRS A 1983, 1291)—(Substituted in revision for NRS 616.045) NRS 616A.092 “Consolidated insurance program” defined. “Consolidated insurance program” means a program of insurance that provides, for a specified period: 1. Industrial insurance coverage; 2. A comprehensive program of safety; and 3. For the administration of claims for industrial insurance, for each employee of a contractor or subcontractor who is engaged in a construction project when such an employee works at the site of the construction project. (Added to NRS by 1999, 3139) NRS 616A.093 “Contractor-controlled insurance program” defined. “Contractor-controlled insurance program” means a consolidated insurance program that is established and administered by the principal contractor of the construction project. (Added to NRS by 1999, 3139) NRS 616A.095 “Damages” defined. “Damages” means the recovery allowed in an action at law as contrasted with compensation. [20:168:1947; 1943 NCL § 2680.20]—(Substituted in revision for NRS 616.050) NRS 616A.100 “Division” defined. “Division” means the Division of Industrial Relations of the Department of Business and Industry. (Added to NRS by 1991, 2389; A 1993, 1856)—(Substituted in revision for NRS 616.053) NRS616A.105 “Employee” and “worker” defined. “Employee” and “worker” are used interchangeably in chapters 616A to 616D, inclusive, of NRS and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively: 1. Aliens and minors. 2. All elected and appointed paid public officers. 3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay. 4. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands. [10:168:1947; A 1949, 659; 1943 NCL § 2680.10]—(NRS A 1957, 254; 1967, 1368; 1975, 618, 1018; 1979, 948; 1987, 597)—(Substituted in revision for NRS 616.055) NRS 616A.110 “Employee”: Persons excluded. “Employee” excludes: 1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his or her employer. 2. Any person engaged as a theatrical or stage performer or in an exhibition. 3. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements. 4. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in chapters 616A to 616D, inclusive, of NRS. 5. Any person performing services as a voluntary ski patroller who receives no compensation for his or her services other than meals, lodging, or use of the ski tow or lift facilities. 6. Any person who performs services as a sports official for a nominal fee at a sporting event that is amateur, intercollegiate or interscholastic and is sponsored by a public agency, public entity or private, nonprofit organization. As used in this subsection, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper or other person who is a neutral participant in a sporting event. 7. Any member of the clergy, rabbi or lay reader in the service of a church, or any person occupying a similar position with respect to any other religion. 8. Any real estate broker, broker-salesperson or salesperson licensed pursuant to chapter 645 of NRS. 9. Any person who: (a) Directly sells or solicits the sale of products, in person or by telephone: (1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the Administrator by regulation, if the products are to be resold to another person in his or her home or place other than a retail store; or (2) To another person from his or her home or place other than a retail store; (b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that the person works; and (c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that the person who performs the services is not an employee for the purposes of this chapter. [11:168:1947; A 1953, 99; 1955, 915]—(NRS A 1969, 1100; 1975, 1018; 1977, 194; 1979, 949; 1985, 1077; 1995, 2129; 1997, 162; 2003, 1584) NRS 616A.115 “Employee”: Lessees engaged in mining or operating a reduction plant. Except as provided in subsection 2 of NRS 616B.653, a lessee engaged in either mining or operating a reduction plant shall be deemed to be: 1. An employee of the lessor; and 2. For the purposes of chapters 616A to 616D, inclusive, of NRS, employed at the average wage paid to a miner employed regularly in the same locality. (Added to NRS by 1987, 597)—(Substituted in revision for NRS 616.062) NRS 616A.120 “Employee”: Participants in programs of job training administered by Division of Welfare and Supportive Services of Department of Health and Human Services. Except as otherwise provided in NRS 616A.125, any person who participates in a program of job training administered by the Division of Welfare and Supportive Services of the Department of Health and Human Services shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the Division of Welfare and Supportive Services at the wage of $150 per month and is entitled to the benefits of those chapters. (Added to NRS by 1987, 2321; A 1997, 2346) NRS 616A.125 “Employee”: Participants in programs to obtain training for employment administered by Division of Welfare and Supportive Services of Department of Health and Human Services. Any person who participates in a program to obtain training for employment administered by the Division of Welfare and Supportive Services of the Department of Health and Human Services, if the person receives training on the job and a wage directly from an employer, shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of that employer and is entitled to the benefits of those chapters. (Added to NRS by 1987, 2321)—(Substituted in revision for NRS 616.066) NRS 616A.130 “Employee”: Volunteer workers in program for public service. Persons who perform volunteer work in any formal program which is being conducted: 1. Within a state or local public organization; 2. By a federally assisted organization; or 3. By a private, incorporated, nonprofit organization which provides services to the general community, and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaged in such volunteer work, may be deemed by an insurer, for the purposes of those chapters, as employees of that organization at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the organization approves coverage and complies with the provisions of those chapters and regulations adopted pursuant to them. (Added to NRS by 1975, 290; A 1981, 1456; 1985, 575; 1993, 693; 1995, 2008)—(Substituted in revision for NRS 616.067) NRS 616A.135 “Employee”: Persons performing volunteer work for private organizations as part of public programs. Persons who, under a written agreement between a public agency and a private organization, perform volunteer work for a private organization as part of a public program and who are not specifically covered by any other provisions of chapters 616A to 616D, inclusive, of NRS, while engaging in that volunteer work, may be deemed by an insurer, for the purposes of those chapters, as employees of the public agency at a wage of $100 per month. Such persons are entitled to the benefits of those chapters when the public agency complies with the provisions of those chapters and the regulations adopted pursuant to them. (Added to NRS by 1981, 1016; A 1981, 1538; 1985, 576; 1993, 694; 1995, 2008; 1997, 2766, 2767) NRS 616A.140 “Employee”: Members of Nevada Wing of Civil Air Patrol. A member of the Nevada Wing of the Civil Air Patrol who participates: 1. In a mission; or 2. In training, which has been authorized by the Division of Emergency Management of the Department of Public Safety shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the Division of Emergency Management at the wage of $600 per month and, in the event of injury during such a mission or training, is entitled to the benefits of those chapters. (Added to NRS by 1983, 1354; A 1991, 2399; 1993, 1856; 2001, 2632) NRS 616A.145 “Employee”: Volunteer firefighters. Volunteer firefighters belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of the assistants of the fire chief in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the city, town, county or district so recognizing them, at the wage of $2,000 per month, and are entitled to the benefits of those chapters upon such city, town, county or district’s complying therewith. [Part 17:168:1947; A 1951, 485; 1953, 163]—(NRS A 1963, 745; 1965, 336; 1973, 497; 1983, 808; 1991, 168; 2005, 341) NRS 616A.150 “Employee”: Paid firefighter performing voluntary off-duty services as firefighter. A firefighter who is employed by a regular organized and recognized fire department, while engaged off duty in the voluntary performance of services as a firefighter within the jurisdiction served by the firefighter’s department or a jurisdiction with which the firefighter’s department has a reciprocal agreement, is entitled to receive the benefits provided by chapters 616A to 616D, inclusive, of NRS as though the firefighter were an employee receiving the wage which the firefighter receives from his or her regular employer. (Added to NRS by 1979, 441; A 2005, 341) NRS 616A.155 “Employee”: Persons rendering voluntary ambulance service. A member of a nonprofit service organization or club, while engaged in rendering volunteer ambulance service in any county, city or town, shall be deemed for the purpose of chapters 616A to 616D, inclusive, of NRS, an employee of the organization or club, at a wage of $2,000 per month, and is entitled to the benefits of those chapters if the organization or club complies therewith. (Added to NRS by 1961, 418; A 1997, 470) NRS 616A.160 “Employee”: Volunteer peace officers and persons authorized to issue certain citations pursuant to NRS 484.4085.Volunteer officers attached to the Nevada Highway Patrol, volunteers appointed pursuant to NRS 484B.470 who qualify pursuant to subsection 4 of that section, the investigators appointed pursuant to NRS 480.490 or volunteers of a regularly organized and recognized police department, metropolitan police department or sheriff’s unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of the Chief of the Nevada Highway Patrol, Chief of the Investigation Division of the Department of Public Safety or a sheriff or chief of police, or their deputies or assistants, of any county, metropolitan police department, city or town in the protection of life or property shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the Nevada Highway Patrol, Investigation Division or the city, town, metropolitan police department or county so recognizing them, at the wage of $900 per month, and are entitled to the benefits of those chapters upon compliance therewith by the Nevada Highway Patrol, Investigation Division or the county, metropolitan police department, city or town. (Added to NRS by 1957, 252; A 1973, 926; 1983, 768, 1291; 1995, 319; 1997, 71; 2001, 2632) NRS 616A.165 “Employee”: Trustees of school districts. Trustees of school districts, while engaged in their designated duty as trustees, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of those chapters. (Added to NRS by 1961, 70)—(Substituted in revision for NRS 616.074) NRS 616A.170 “Employee”: Junior traffic patrols. Members of junior traffic patrols are defined as minors attending school and selected or designated by school officials or by school and city or town officials for regular duty on school days to patrol street crossings used by school children while going to or returning from school. They shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees receiving a wage of $100 per month from the city, town or school district in which their designated duty is performed. In the event of injury while performing their designated duty, they shall be entitled to the benefits of those chapters. [Part 17:168:1947; A 1951, 485; 1953, 163]—(Substituted in revision for NRS 616.075) NRS 616A.175 “Employee”: Person vending or delivering newspaper or magazine. Any person who is: 1. Engaged in vending, selling, offering for sale or delivering directly to the public any newspaper, magazine or periodical pursuant to an agreement or contract with the publisher or distributor thereof; 2. Acting under the control of the publisher or distributor; and 3. Receiving a wage, commission or other compensation based upon the person’s sales of the newspaper, magazine or periodical, shall be deemed, for the purposes of chapters 616A to 616D, inclusive, of NRS, to be an employee of the publisher or distributor and to be receiving a wage of $50 per month or the person’s actual remuneration, whichever is greater, and is entitled to the benefits of those chapters. (Added to NRS by 1963, 519; A 1983, 1292)—(Substituted in revision for NRS 616.076) NRS 616A.180 “Employee”: Members of county advisory boards to manage wildlife. Members of the county advisory boards to manage wildlife who serve without compensation pursuant to the provisions of NRS 501.285, while engaged in their designated duty as members, shall be deemed for the purpose of chapters 616A to 616D, inclusive, of NRS, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, are entitled to receive the benefits of those chapters upon the boards complying therewith. (Added to NRS by 1959, 88; A 1969, 1561; 1985, 1356)—(Substituted in revision for NRS 616.077) NRS 616A.185 “Employee”: Members of Nevada Legislature. For the purposes of chapters 616A to 616D, inclusive, of NRS: 1. A member of the Nevada Legislature shall be deemed to be an employee of the State during the member’s term of office at the wage of $2,000 per month and is entitled to the benefits of those chapters. 2. Except as otherwise provided in this subsection and subsection 1 of NRS 616A.265, any injury sustained by a member of the Nevada Legislature shall be deemed to have arisen out of and in the course of the member’s employment as a Legislator if, at the time of the injury, the member was performing any act or was engaging in any event that was reasonably related to the member’s legislative office or the member’s public service as a Legislator, whether or not the member was receiving remuneration from the State for performing the act or engaging in the event at the time of the injury. The provisions of this subsection do not apply to any injury sustained by a member of the Nevada Legislature if, at the time of the injury, the member was performing any act or was engaging in any event that was reasonably related to a political campaign for any legislative or other elective office. (Added to NRS by 1987, 2047; A 2003, 2793) NRS 616A.190 “Employee”: Certain members of state, county and local departments, boards, commissions, agencies or bureaus; adjunct professors of Nevada System of Higher Education; members of Board of Regents. Members of state, county and local departments, boards, commissions, agencies or bureaus, whether elected or appointed, who serve without compensation or who receive less than $250 per month compensation, the members of the State Board of Education, adjunct professors of the Nevada System of Higher Education and the members of the Board of Regents of the University of Nevada, while engaged in their designated duties as members and adjunct professors, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees receiving a wage of $250 per month and, in the event of injury while performing their designated duties, are entitled to the benefits of those chapters. (Added to NRS by 1959, 168; A 1969, 465; 1961, 56; 1967, 1369; 1975, 619; 1985, 576; 1993, 417; 1995, 2009)—(Substituted in revision for NRS 616.079) NRS 616A.195 “Employee”: Persons ordered by court to perform community service. Any person: 1. Less than 18 years of age who is subject to the jurisdiction of the juvenile court and who has been ordered by the court to perform community service, upon compliance by the supervising authority; or 2. Eighteen years of age or older who has been ordered by any court to perform community service pursuant to NRS 176.087, upon compliance by the convicted person or the supervising authority, while engaged in that work, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, an employee of the supervising authority at a wage of $50 per month, and is entitled to the benefits of those chapters. (Added to NRS by 1971, 249; A 1973, 1580; 1981, 487; 1985, 576; 2001, 153; 2003, 1159) NRS 616A.200 “Employee”: Trainees in facility operated by Rehabilitation Division of Department of Employment, Training and Rehabilitation. Trainees in a rehabilitation facility operated by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, while engaged in an evaluation or training program and while acting under the direction or authorization of the Rehabilitation Division in any county, city or town, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the Rehabilitation Division receiving a wage of $200 per month, and are entitled to the benefits of those chapters upon compliance by the Rehabilitation Division. (Added to NRS by 1965, 92; A 1967, 832; 1973, 1406; 1993, 1856)—(Substituted in revision for NRS 616.083) NRS 616A.205 “Employee”: Volunteer workers at facilities for inpatients of Division of Mental Health and Developmental Services of Department of Health and Human Services. Volunteer workers at a facility for inpatients of the Division of Mental Health and Developmental Services of the Department of Health and Human Services, while acting under the direction or authorization of the supervisor of volunteer services of such a facility, shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the facility, receiving a wage of $350 per month, and are entitled to the benefits of those chapters upon compliance therewith by the facility. (Added to NRS by 1969, 236; A 1973, 118, 1406; 1987, 921; 1999, 115) NRS 616A.210 “Employee”: Subcontractors and employees. 1. Except as otherwise provided in NRS 616B.603, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor for the purposes of chapters 616A to 616D, inclusive, of NRS. 2. If the subcontractor is a sole proprietor or partnership licensed pursuant to chapter 624 of NRS, the sole proprietor or partner shall be deemed to receive a wage of $500 per month for the purposes of chapters 616A to 616D, inclusive, of NRS. 3. This section does not affect the relationship between a principal contractor and a subcontractor or independent contractor for any purpose outside the scope of chapters 616A to 616D, inclusive, of NRS. [22:168:1947; A 1951, 485]—(NRS A 1987, 2047; 1991, 2399)—(Substituted in revision for NRS 616.085) NRS 616A.215 “Employee”: Apprentices and trainees. 1. Except as otherwise provided in subsection 3, any person who is an apprentice or trainee shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of an apprenticeship committee registered with the State Apprenticeship Council at a wage of $150 per month while the person is: (a) Attending a class for vocational training; or (b) Receiving bona fide instruction as an apprentice or trainee, under the direction of the apprenticeship committee. Such an apprentice or trainee is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS. 2. A person who is an apprentice or trainee shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of an employer who is participating in a program of training and instruction as an apprentice or trainee approved pursuant to chapter 610 of NRS while: (a) The apprentice or trainee is performing work for that employer; and (b) The employer is paying the apprentice or trainee a wage for the work performed. The apprentice or trainee shall be deemed to be an employee at a wage equal to his or her average monthly wage as determined pursuant to the regulations adopted by the Administrator pursuant to NRS 616C.420 and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS. 3. If an apprentice or trainee who is employed by an employer participating in a program of training and instruction is injured while the apprentice or trainee, as applicable, is deemed to be an employee of the apprenticeship committee pursuant to subsection 1 and the apprentice or trainee is unable to work for an employer participating in the program solely because of that injury, the apprentice or trainee shall be deemed to be an employee of the apprenticeship committee at a wage of $150 per month or at his or her average monthly wage as determined pursuant to the regulations adopted by the Administrator pursuant to NRS 616C.420, whichever is greater. 4. As used in this section, “trainee” means a person who is under the direction of an apprenticeship committee specified in subsection 1 and, for that purpose, is described by that apprenticeship committee as a “journeyworker trainee.” (Added to NRS by 1981, 710; A 1983, 1292; 1997, 2766; 2001, 363) NRS 616A.220 “Employee”: Real estate licensees. 1. Each person licensed pursuant to chapter 645 of NRS as a real estate broker, broker-salesperson or salesperson who does business in this State and receives wages, commissions or other compensation based upon activities for which the license is required may elect coverage pursuant to chapters 616A to 616D, inclusive, of NRS. If coverage is so elected, the real estate broker, broker-salesperson or salesperson shall be deemed for the purpose of those chapters to earn wages of $1,500 per month. Except as otherwise provided in subsection 2, not more than one premium may be collected from such a licensee for the wages, commission or other compensation the licensee receives from any activity for which such a license is required. 2. Except as otherwise provided in this subsection, if a licensee holds both an individual broker license and a corporate broker license, the licensee shall pay the premium for coverage under the corporate broker license only and is limited to recovery of benefits in accordance with the deemed compensation attributed to that license only. If a licensee holds both an individual broker license and a corporate broker license and elects to pay premiums for coverage under the individual broker license also, the licensee may recover benefits in accordance with the deemed compensation attributed to both licenses. (Added to NRS by 1977, 927; A 1991, 1688; 1995, 2130)—(Substituted in revision for NRS 616.087) NRS 616A.225 “Employee”: Persons participating in federally approved training programs. 1. Any person who participates in a training program approved pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive, is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS and, except as provided in subsection 2, shall be deemed an employee of the person receiving the grant to conduct the program, at a wage: (a) Of $150 per month if the person who participates in the training program is receiving formal instruction in a classroom; (b) Equal to his or her actual remuneration if he or she is being trained under actual working conditions and is paid a wage by the recipient of the grant; or (c) Of $150 per month or his or her actual remuneration, whichever is greater, if he or she is being so trained and instructed and receiving a wage from the recipient of the grant. 2. Any person who participates in a training program approved pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive, where the person is trained on the job and is paid a wage directly by the employer shall be deemed an employee of that employer and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS. (Added to NRS by 1985, 575)—(Substituted in revision for NRS 616.088) NRS 616A.230 “Employer” defined. “Employer” means: 1. Except as otherwise provided in subsection 4 of NRS 616B.627, the State, and each county, city, school district, and all public and quasi-public corporations therein without regard to the number of persons employed. 2. Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service any person under a contract of hire. 3. The legal representative of any deceased employer. 4. The Nevada Rural Housing Authority. 5. An owner or principal contractor who establishes and administers a consolidated insurance program pursuant to NRS 616B.710, with respect to the employees covered under that consolidated insurance program. [9:168:1947; A 1949, 659; 1943 NCL § 2680.9]—(NRS A 1981, 710; 1995, 819; 1999, 3140; 2001, 608) NRS 616A.235 “External review organization” defined. “External review organization” means an organization which has been issued a certificate pursuant to NRS 616A.469 that authorizes the organization to conduct external reviews for the purposes of chapters 616A to 617, inclusive, of NRS. (Added to NRS by 2003, 2330) NRS 616A.240 “Foot” defined. “Foot” shall be considered as that portion below the junction of the middle and lower thirds of the leg. [Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision for NRS 616.095) NRS 616A.245 “Hand” defined. “Hand” shall be considered as that portion below the junction of the middle and lower thirds of the forearm. [Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision for NRS 616.100) NRS 616A.250 “Incarcerated” defined. “Incarcerated” means confined in: 1. Any local detention facility, county jail, state prison, reformatory or other correctional facility as a result of a conviction or a plea of guilty, guilty but mentally ill or nolo contendere in a criminal proceeding; or 2. Any institution or facility for persons with mental illness as a result of a plea of not guilty by reason of insanity in a criminal proceeding, in this State, another state or a foreign country. (Added to NRS by 1993, 659; A 1995, 2476; 2003, 1497; 2007, 1468) NRS 616A.255 “Independent contractor” defined. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s work only and not as to the means by which such result is accomplished. [14:168:1947; 1943 NCL § 2680.14]—(Substituted in revision for NRS 616.105) NRS 616A.260 “Industrial insurance” defined. “Industrial insurance” means insurance which provides the compensation required by chapters 616A to 617, inclusive, of NRS and employer’s liability insurance incidental to and provided in connection with that insurance. (Added to NRS by 1995, 200) NRS 616A.265 “Injury” and “personal injury” defined. 1. “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Except as otherwise provided in subsection 3, any injury sustained by an employee while engaging in an athletic or social event sponsored by his or her employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event. 2. For the purposes of chapters 616A to 616D, inclusive, of NRS: (a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his or her employment. (b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his or her employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his or her employment. (c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer firefighter who was exposed to the contagious disease: (1) Upon battery by an offender; or (2) While performing the duties of a police officer or firefighter, shall be deemed to be an injury by accident sustained by the police officer or firefighter arising out of and in the course of his or her employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee. (d) If a police officer or a salaried or volunteer firefighter tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052, he or she shall be deemed to have sustained an injury by accident arising out of and in the course of his or her employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or firefighter. 3. Any injury sustained by an employee of a school district while engaging in an athletic or social event shall be deemed to have arisen out of and in the course of his or her employment, whether or not the employee received remuneration for participation in the event, if: (a) The event was sponsored by the school district, or the event was an extracurricular activity which was sponsored or organized by a student class, student group or student organization for an educational, recreational or charitable purpose and which was reasonably related to the employee’s job with the school district; (b) The employee participated in the event at the request of or with the concurrence of supervisory personnel, whether the request or concurrence was oral or written; and (c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district. [19:168:1947; A 1951, 485]—(NRS A 1975, 619; 1981, 1196; 1991, 2400; 1993, 694; 1999, 2446; 2001, 1015, 1872; 2003, 104, 2793; 2005, 341, 2237) NRS 616A.270 “Insurer” defined. “Insurer” includes: 1. A self-insured employer; 2. An association of self-insured public employers; 3. An association of self-insured private employers; and 4. A private carrier. (Added to NRS by 1981, 1449; A 1993, 694; 1995, 2009; 1999, 1760) NRS 616A.273 “Medical facility” defined. “Medical facility” means a hospital, clinic or other facility that provides treatment to an employee who: 1. Is injured by an accident; or 2. Contracts an occupational disease, arising out of and in the course of his or her employment. (Added to NRS by 2003, 2303) NRS 616A.280 “Organization for managed care” defined. “Organization for managed care” means any person who: 1. Provides or arranges for the provision of medical and health care services; 2. Establishes objectives, standards and protocols for such services; 3. Organizes providers of health care to ensure the availability and accessibility of such services; and 4. Establishes a system that allows for the submission of reports to an insurer that are necessary to evaluate the effectiveness and cost of delivering medical and health care services to injured employees. (Added to NRS by 1993, 660; A 1995, 2009)—(Substituted in revision for NRS 616.1114) NRS 616A.282 “Owner-controlled insurance program” defined. “Owner-controlled insurance program” means a consolidated insurance program that is established and administered by the owner of the construction project. (Added to NRS by 1999, 3139) NRS 616A.283 “Police officer” defined. “Police officer” has the meaning ascribed to it in NRS 617.135. (Added to NRS by 1999, 2445) NRS 616A.284 “Policy year” defined. “Policy year” means the 12-month period during which a policy of industrial insurance is effective. (Added to NRS by 2001, 2447) NRS 616A.285 “Principal contractor” defined. “Principal contractor” means a person who: 1. Coordinates all the work on an entire project; 2. Contracts to complete an entire project; 3. Contracts for the services of any subcontractor or independent contractor; or 4. Is responsible for payment to any contracted subcontractors or independent contractors. (Added to NRS by 1991, 2390)—(Substituted in revision for NRS 616.1115) NRS 616A.290 “Private carrier” defined. “Private carrier” means any insurer or the legal representative of an insurer authorized to provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS. The term does not include a self-insured employer or an association of self-insured public or private employers. (Added to NRS by 1995, 2000; A 1999, 1760) NRS 616A.295 “Private employer” defined. “Private employer” means any person, other than a public employer, who has in service any person under a contract of hire who is not excluded from the term “employee” pursuant to NRS 616A.110. (Added to NRS by 1993, 660)—(Substituted in revision for NRS 616.1116) NRS 616A.300 “Public employer” defined. “Public employer” means the State and a county, city, school district and public or quasi-public corporation within this State. (Added to NRS by 1993, 660)—(Substituted in revision for NRS 616.1117) NRS 616A.305 “Self-insured employer” defined. “Self-insured employer” means any employer who possesses a certification from the Commissioner of Insurance that the employer has the capability to assume the responsibility for the payment of compensation pursuant to chapters 616A to 617, inclusive, of NRS. (Added to NRS by 1979, 1035; A 1995, 2009)—(Substituted in revision for NRS 616.112) NRS 616A.310 “Sole proprietor” defined. “Sole proprietor” means a self-employed owner of an unincorporated business and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada. (Added to NRS by 1975, 1017; A 1987, 598)—(Substituted in revision for NRS 616.114) NRS 616A.315 “Solicitor” defined. “Solicitor” means a person who: 1. Forms or proposes to form; or 2. Proposes to secure funds for forming or financing or recruiting members for, an association of public or private self-insured employers. (Added to NRS by 1995, 1974) NRS 616A.317 “State Industrial Insurance System” defined. “State Industrial Insurance System” means that entity established by section 79 of chapter 642, Statutes of Nevada 1981, at page 1449. (Added to NRS by 1999, 1758) NRS 616A.320 “Subcontractors” defined. “Subcontractors” shall include independent contractors. [21:168:1947; 1943 NCL § 2680.21]—(Substituted in revision for NRS 616.115) NRS 616A.330 “Tangible net worth” defined. “Tangible net worth” means the value of all the assets, minus the value of all the liabilities, of an association of self-insured private employers or of a member of such an association except: 1. Goodwill or excess cost over the fair market value of assets. 2. Any other items listed in the assets that are deemed unacceptable by the Commissioner because they cannot be justified or because they do not directly support the ability of the association or the member to pay a claim. (Added to NRS by 1995, 1974; A 2007, 3333) NRS 616A.335 “Third-party administrator” defined. “Third-party administrator” means a person who is hired by an insurer to provide administrative services for the insurer and manage claims. The term does not include an insurance company. (Added to NRS by 1991, 2390)—(Substituted in revision for NRS 616.1165) NRS 616A.340 “Total disability” defined. “Total disability” means incapacity resulting from an accident arising out of and in the course of employment which prevents the covered worker from engaging, for remuneration or profit, in any occupation for which the worker is or becomes reasonably fitted by education, training or experience. (Added to NRS by 1973, 367)—(Substituted in revision for NRS 616.117) NRS 616A.345 “Trade association” defined. “Trade association” means an association of firms concerned with: 1. A single product or service; 2. A number of closely related products or services; or 3. Contractors, manufacturers, distributors or retailers of a product or service or a number of closely related products or services, as determined by the Commissioner. (Added to NRS by 1995, 1975) NRS 616A.350 “Trade, business, profession or occupation of his or her employer” defined. “Trade, business, profession or occupation of his or her employer” includes all services tending toward the preservation, maintenance or operation of the business, business premises, or business property of the employer. [13:168:1947; 1943 NCL § 2680.13]—(Substituted in revision for NRS 616.120) NRS 616A.355 “Utilization review” defined. “Utilization review” has the meaning ascribed to it in NRS 683A.376. (Added to NRS by 1993, 660)—(Substituted in revision for NRS 616.122) NRS 616A.360 “Vocational rehabilitation services” defined. “Vocational rehabilitation services” has the meaning ascribed to it in NRS 615.140. (Added to NRS by 1991, 2390)—(Substituted in revision for NRS 616.123) DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY NRS 616A.400 Duties of Administrator: Regulations. The Administrator shall: 1. Prescribe by regulation the time within which adjudications and awards must be made. 2. Regulate forms of notices, claims and other blank forms deemed proper and advisable. 3. Prescribe by regulation the methods by which an insurer may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. 4. Prescribe by regulation the method for reimbursing an injured employee for expenses necessarily incurred for travel more than 20 miles one way from the employee’s residence or place of employment to his or her destination as a result of an industrial injury. 5. Determine whether an insurer has provided adequate facilities in this State to administer claims and for the retention of a file on each claim. 6. Evaluate the services of private carriers provided to employers in: (a) Controlling losses; and (b) Providing information on the prevention of industrial accidents or occupational diseases. 7. Conduct such investigations and examinations of insurers as the Administrator deems reasonable to determine whether any person has violated the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or to obtain information useful to enforce or administer these chapters. 8. Prescribe by regulation the qualifications for final approval by the Division of an applicant for a certificate of registration as an administrator pursuant to subsection 3 of NRS 683A.08524. The regulations must set forth qualifications which provide for the final approval of those applicants whose approval is in the best interests of the people of this State. 9. Except with respect to any matter committed by specific statute to the regulatory authority of another person or agency, adopt such other regulations as the Administrator deems necessary to carry out the provisions of chapters 616A to 617, inclusive, of NRS. [Part 44:168:1947; 1943 NCL § 2680.44]—(NRS A 1969, 1101; 1973, 599, 1597; 1977, 83; 1979, 1042; 1981, 1459; 1985, 863; 1991, 2401; 1993, 703; 1995, 2013; 1999, 1760; 2009, 3031) NRS 616A.401 Duties of Administrator: Adoption of regulations concerning determination of categories of injuries to be deemed catastrophic injuries. The Administrator shall adopt regulations for the determination of categories of injury, other than those described in NRS 616A.077, to be deemed catastrophic injuries. (Added to NRS by 2009, 2778) NRS 616A.402 Duties of Administrator: Program concerning rights and responsibilities of employers and employees. 1. The Administrator shall make available a program, using a videotape cassette or other means of presentation, concerning the rights and responsibilities of employers and employees pursuant to chapters 616A to 617, inclusive, of NRS. The Administrator shall provide written notification concerning the availability of the program to each chamber of commerce in Nevada and to each statewide association for a business or industry. The program must be available to community organizations, businesses, employers and employees upon request. 2. The Administrator shall provide each: (a) Employer who attends a program, a certificate which certifies that the employer has completed the program described in subsection 1. The employer shall post the certificate in his or her business in a place that is readily accessible and visible to his or her employees. (b) Employee who attends a program, a card which certifies that the employee has completed the program described in subsection 1. (Added to NRS by 1991, 2395; A 1993, 697; 1997, 1430)—(Substituted in revision for NRS 616B.203) NRS 616A.403 Duties of Administrator: Preparation of annual report of enforcement of Nevada Industrial Insurance Act and Nevada Occupational Diseases Act. 1. The Administrator shall prepare an annual report concerning the enforcement of the provisions of chapters 616A to 617, inclusive, of NRS through the imposition of fines and benefit penalties against insurers, organizations for managed care, health care providers, third-party administrators and employers. 2. The annual report must include, without limitation: (a) The total number of complaints filed with the Administrator involving alleged conduct that is sanctionable by a fine or benefit penalty; (b) The total number of investigations conducted by the Administrator involving alleged conduct that is sanctionable by a fine or benefit penalty; (c) The disposition of each such complaint and investigation, including, without limitation, whether the Administrator imposed or refused to impose a fine or benefit penalty and, if the Administrator imposed a fine or benefit penalty, the amount of the fine or benefit penalty; and (d) The disposition of any administrative appeal or action for judicial review involving the decision of the Administrator to impose or refuse to impose a fine or benefit penalty. (Added to NRS by 2005, 99) NRS 616A.404 Duties of Administrator: Provision of information for Office for Consumer Health Assistance. The Administrator shall include on any notice or form that is provided to injured employees and is on the Internet website of the Division, contact information for the Office for Consumer Health Assistance created pursuant to NRS 223.550. (Added to NRS by 2005, 1074) NRS 616A.405 Powers of Administrator: Adoption of regulations concerning affidavit required of businesses by local governments to affirm compliance with chapters 616A to 616D, inclusive, of NRS.The Administrator may adopt regulations relating to NRS 244.33505 and 268.0955, including regulations specifying the form of the affidavit required by those sections. (Added to NRS by 1991, 2390)—(Substituted in revision for NRS 616.2205) NRS 616A.410 Administrator to prosecute and defend actions; extraordinary writs; verifications; undertakings. 1. The Administrator may prosecute, defend and maintain actions in the name of the Administrator for the enforcement of the provisions of chapters 616A to 616D, inclusive, or 617 of NRS and is entitled to all extraordinary writs provided by the Constitution of the State of Nevada, the statutes of this State and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof. 2. Verification of any pleading, affidavit or other paper required may be made by the Administrator. 3. In any action or proceeding or in the prosecution of any appeal by the Administrator, no bond or undertaking need be furnished by the Administrator. [82:168:1947; 1943 NCL § 2680.82]—(NRS A 1969, 1101; 1981, 1459; 1999, 207) NRS 616A.417 Filing or delivering documentation by electronic transmission; regulations by Administrator. 1. Except as otherwise provided in chapters 616A to 617, inclusive, of NRS, a form, notice, claim, bill or other document required to be filed, mailed or delivered pursuant to the provisions of those chapters, or any regulations adopted pursuant thereto, may, in the alternative, be filed or delivered by electronic transmission. 2. For the purposes of the provisions of chapters 616A to 617, inclusive, of NRS, and any regulations adopted pursuant thereto, a signature on a form, notice, claim, bill or other document that is filed or delivered by electronic transmission has the same legal effect as the original signature. 3. The Administrator may adopt such regulations as are necessary to provide for the filing or delivery of such documents by electronic transmission. (Added to NRS by 1997, 1423) NRS 616A.420 Agreements or compacts with other states; insurance coverage against double liability of employers. 1. The Administrator may enter into agreements or compacts with appropriate agencies, bureaus, boards or commissions of other states concerning matters of mutual interest, extraterritorial problems in the administration of chapters 616A to 616D, inclusive, or chapter 617 of NRS, and to eliminate duplicate claims or benefits. 2. The insurer may provide liability insurance coverage against any risks of double liability on the part of employers subject to chapters 616A to 616D, inclusive, or chapter 617 of NRS, for the same accident or injury. (Added to NRS by 1973, 368; A 1981, 1461; 1999, 208) NRS 616A.425 Fund for Workers’ Compensation and Safety. 1. There is hereby established in the State Treasury the Fund for Workers’ Compensation and Safety as an enterprise fund. All money received from assessments levied on insurers and employers by the Administrator pursuant to NRS 232.680 must be deposited in this Fund. 2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Division for functions supported in whole or in part from the Fund must be delivered to the custody of the State Treasurer for deposit to the credit of the Fund. 3. All money and securities in the Fund must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of: (a) All salaries and other expenses in administering the Division of Industrial Relations, including the costs of the office and staff of the Administrator. (b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the Hearings Division of the Department of Administration and the programs of self-insurance and review of premium rates by the Commissioner. (c) The salary and other expenses of a full-time employee of the Legislative Counsel Bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance. (d) All salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. (e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401. (f) That portion of the salaries and other expenses of the Office for Consumer Health Assistance established pursuant to NRS 223.550 that is related to providing assistance to consumers and injured employees concerning workers’ compensation. 4. The State Treasurer may disburse money from the Fund only upon written order of the Controller. 5. The State Treasurer shall invest money of the Fund in the same manner and in the same securities in which the State Treasurer is authorized to invest state general funds which are in his or her custody. Income realized from the investment of the assets of the Fund must be credited to the Fund. 6. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310. 7. If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment. (Added to NRS by 1981, 1454; A 1991, 207, 2414, 2440; 1993, 1867, 2803; 1995, 625; 1999, 1760; 2001, 959, 2755; 2003, 2808) NRS 616A.430 Uninsured Employers’ Claim Account. 1. There is hereby established in the State Treasury the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220, 616C.453 and 617.401. The Administrator shall administer the Account and shall credit any excess money toward the assessments of the insurers for the succeeding years. 2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Administrator for the Uninsured Employers’ Claim Account must be delivered to the custody of the State Treasurer. 3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation. 4. The State Treasurer may disburse money from the Account only upon written order of the State Controller. 5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest money of the State General Fund. Income realized from the investment of the assets of the Account must be credited to the Account. 6. The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the Uninsured Employers’ Claim Account. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary to maintain an appropriate balance in the Account for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the Administrator shall apply an assessment rate to the: (a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received; (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims; (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims. The Administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265. 7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310. (Added to NRS by 1981, 1455; A 1991, 208; 1993, 1869, 2804; 1995, 625; 1997, 127; 2001, 2447, 2755; 2005, 1315) NEVADA ATTORNEY FOR INJURED WORKERS NRS 616A.435 Office created; appointment; term; qualifications; duties limited. 1. The Office of the Nevada Attorney for Injured Workers is hereby created within the Department of Business and Industry. The Governor shall appoint the Nevada Attorney for Injured Workers for a term of 4 years. 2. The Nevada Attorney for Injured Workers: (a) Must be an attorney licensed to practice law in this State. (b) Is in the unclassified service of the State. (c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law. 3. The duties of the Nevada Attorney for Injured Workers are limited to those prescribed by NRS 616A.455 and 616A.460. (Added to NRS by 1977, 886; A 1979, 310; 1981, 1285; 1985, 667; 1989, 204; 1991, 833; 1993, 1861)—(Substituted in revision for NRS 616.253) NRS 616A.440 Employment of Deputy and staff; qualifications of Deputy. 1. The Nevada Attorney for Injured Workers may employ: (a) A Deputy Nevada Attorney for Injured Workers who is in the unclassified service of the State. (b) Clerical and other necessary staff who are in the classified service of the State. 2. The Deputy must be an attorney licensed to practice law in this State and, except as otherwise provided in NRS 7.065, shall not engage in the private practice of law. (Added to NRS by 1977, 886; A 1985, 443, 667; 1989, 204; 1991, 833)—(Substituted in revision for NRS 616.2531) NRS 616A.445 Offices; budget. 1. The Nevada Attorney for Injured Workers shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada. 2. The Nevada Attorney for Injured Workers shall prepare and submit a budget for the maintenance and operation of his or her office in the same manner as other state agencies. (Added to NRS by 1977, 886; A 1979, 1044; 1981, 1463; 1983, 1294; 1985, 667; 1991, 59, 833, 1934, 1935)—(Substituted in revision for NRS 616.2533) NRS 616A.450 Request for appointment; consideration of and action upon request; representation upon appointment. 1. Any claimant may request the appointment of the Nevada Attorney for Injured Workers to represent him or her. The request must be made in writing. 2. The appeals officer or Administrator, as the case may be, shall consider each request within a reasonable time and shall make any inquiry as he or she deems necessary. If the appeals officer or Administrator, as applicable, finds that the claimant would be better served by legal representation in the case, he or she shall appoint the Nevada Attorney for Injured Workers to represent the claimant. Once the Nevada Attorney for Injured Workers has been appointed to represent a claimant, the Nevada Attorney for Injured Workers is authorized to represent the claimant at any level of proceedings if, in the opinion of the Nevada Attorney for Injured Workers, the representation is necessary. (Added to NRS by 1977, 886; A 1983, 478; 1985, 667; 1989, 818; 1991, 833)—(Substituted in revision for NRS 616.2535) NRS 616A.455 Powers and duties. 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 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. 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 Supreme Court 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. (Added to NRS by 1977, 886; A 1985, 668; 1989, 818; 1991, 834, 2403)—(Substituted in revision for NRS 616.2537) NRS 616A.460 Employment of private counsel by claimant; reimbursement of Division; report to Governor. 1. The provisions of NRS 616A.435 to 616A.460, inclusive, do not prevent any claimant from engaging private counsel at any time, but the employment of private counsel relieves the Nevada Attorney for Injured Workers from further presentation of the claimant’s case. Any claimant who uses the services of the Nevada Attorney for Injured Workers and who also retains private counsel shall reimburse the Division for the reasonable cost of the services of the Nevada Attorney for Injured Workers. 2. The Nevada Attorney for Injured Workers shall submit a report to the Governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his or her office. (Added to NRS by 1977, 887; A 1981, 1463; 1985, 668; 1991, 834; 1993, 1861)—(Substituted in revision for NRS 616.2539) ADDITIONAL DUTIES OF PUBLIC AGENCIES NRS 616A.465 Responsibilities of Division, Commissioner of Insurance, Department of Administration and Nevada Attorney for Injured Workers. 1. Except as otherwise provided in this section, the Division shall: (a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS; (b) Investigate insurers regarding compliance with statutes and the Division’s regulations; (c) Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and (d) Regulate employee leasing companies pursuant to the provisions of NRS 616B.670 to 616B.697, inclusive. 2. The Commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying: (a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336; (b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and (c) Third-party administrators pursuant to chapter 683A of NRS. 3. The Department of Administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The Administrator is responsible for administrative appeals pursuant to NRS 616B.215. 4. The Nevada Attorney for Injured Workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120. 5. The Division is responsible for the investigation of complaints. If a complaint is filed with the Division, the Administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the Administrator determines that a violation may have occurred, the Administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130. 6. As used in this section, “employee leasing company” has the meaning ascribed to it in NRS 616B.670. (Added to NRS by 1981, 1453; A 1983, 355; 1985, 666; 1991, 831, 2400; 1993, 699, 700, 1856; 1995, 531, 542, 1638, 2010, 2130; 1997, 285, 532, 535; 1999, 400, 1714, 2412; 2001, 170; 2009, 1122) NRS 616A.466 Recognition of certain provisions of collective bargaining agreements. 1. Except as otherwise provided in subsection 2, notwithstanding any provisions of chapters 616A to 617, inclusive, of NRS to the contrary, the Division and the courts of this State shall recognize as valid and binding, in a collective bargaining agreement between a private employer or a group of private employers and a labor organization that represents the employees of such employers, any provision which establishes: (a) A process for alternative dispute resolution, including, without limitation, mediation and arbitration, which governs disputes between employees and employers or their insurers and which supplements or replaces all or part of the dispute resolution processes contained in chapters 616A to 617, inclusive, of NRS. Any such process for alternative dispute resolution must provide that a finding of fact, award, order or decision of an arbitrator or board of arbitration: (1) Has the same force and effect as a finding of fact, award, order or decision of a hearing officer or the Administrator, as applicable; and (2) Is subject to review by an appeals officer in the same manner, and using the same procedures, as provided for review of a finding of fact, award, order or decision made by a hearing officer or the Administrator, as applicable; (b) The use of a specified list of providers of medical treatment who may be the exclusive source of all medical treatment provided under chapters 616A to 617, inclusive, of NRS; (c) The use of a specified list of medical evaluators who may be the exclusive source of all medical evaluations under chapters 616A to 617, inclusive, of NRS; (d) A joint committee for safety involving both the employer and the labor organization; (e) A program for light-duty employment or employment that is modified according to limitations or restrictions imposed by a physician or chiropractor; or (f) A program for vocational rehabilitation utilizing a specified list of providers of vocational rehabilitation services who may be the exclusive source of all vocational rehabilitation services under chapters 616A to 617, inclusive, of NRS. 2. Nothing in this section: (a) Authorizes any provision of a collective bargaining agreement to reduce the entitlement of an employee to compensation for temporary total disability, temporary partial disability, permanent total disability, permanent partial disability, vocational rehabilitation services or medical treatment fully paid for by the employer, as otherwise provided in chapters 616A to 617, inclusive, of NRS. Any provision of a collective bargaining agreement which purports to so reduce the entitlement of an employee to any such compensation is void. (b) Prohibits an employer and a labor organization from negotiating any aspect of the delivery of medical benefits or the delivery of compensation for disability to employees of the employer or group of employers who are eligible for group health benefits and disability benefits through their employer other than those provided in chapters 616A to 617, inclusive, of NRS. 3. As used in this section, “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work. (Added to NRS by 2009, 2064) NRS 616A.467 Power of Commissioner and Administrator to delegate authority to collect fines and deposit in Fund for Workers’ Compensation and Safety; claims for attorney’s fees and costs of investigation if authority to collect fines not delegated. 1. The Commissioner or the Administrator may delegate to a hearing officer or panel the authority of the Commissioner or the Administrator, as applicable, to take any disciplinary action pursuant to NRS 616B.318, 616B.321, 616B.350 to 616B.446, inclusive, 616B.463, 616B.472 or 616D.120, impose and collect administrative fines pursuant to those sections and deposit the money in the Fund for Workers’ Compensation and Safety. 2. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 1 and the Commissioner or the Administrator deposits the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund, he or she may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both. [84:168:1947; 1943 NCL § 2680.84]—(NRS A 1965, 1344; 1973, 602; 1981, 1477; 1983, 1532; 1985, 584; 1989, 893; 1993, 724; 1995, 2028; 1999, 1715, 1766)—(Substituted in revision for NRS 616B.086) NRS 616A.469 Certificate to operate as external review organization: Authority of Commissioner to issue certificate; application; fee; prerequisites to issuance; ineligible parties. 1. The Commissioner may issue certificates authorizing qualified external review organizations to conduct external reviews for the purposes of chapters 616A to 617, inclusive, of NRS. If the Commissioner issues such certificates and the Commissioner determines that an external review organization is qualified to conduct external reviews for the purposes of chapters 616A to 617, inclusive, of NRS, the Commissioner shall issue a certificate to the external review organization that authorizes the organization to conduct such external reviews in accordance with the provisions of NRS 616C.363 and the regulations adopted by the Commissioner. 2. The Commissioner may adopt regulations setting forth the procedures that an external review organization must follow to be issued a certificate to conduct external reviews. Any regulations adopted pursuant to this section must include, without limitation, provisions setting forth: (a) The manner in which an external review organization may apply for a certificate and the requirements for the issuance and renewal of the certificate pursuant to this section; (b) The grounds for which the Commissioner may refuse to issue, suspend, revoke or refuse to renew a certificate issued pursuant to this section; (c) The manner and circumstances under which an external review organization is required to conduct its business; and (d) Any applicable fees for issuing or renewing a certificate of an external review organization pursuant to this section. 3. A certificate issued pursuant to this section expires 1 year after it is issued and may be renewed in accordance with regulations adopted by the Commissioner. 4. Before the Commissioner may issue a certificate to an external review organization, the external review organization must: (a) Demonstrate to the satisfaction of the Commissioner that it is able to carry out, in a timely manner, the duties of an external review organization as set forth in NRS 616C.363 and the regulations adopted by the Commissioner. The demonstration must include, without limitation, proof that the external review organization employs, contracts with or otherwise retains only persons who are qualified because of their education, training, professional licensing and experience to perform the duties assigned to those persons; and (b) Provide assurances satisfactory to the Commissioner that the external review organization will: (1) Conduct external reviews in accordance with the provisions of NRS 616C.363 and the regulations adopted by the Commissioner; (2) Render its decisions in a clear, consistent, thorough and timely manner; and (3) Avoid conflicts of interest. 5. For the purposes of this section, an external review organization has a conflict of interest if the external review organization or any employee, agent or contractor of the external review organization who conducts an external review has a professional, familial or financial interest of a material nature with respect to any person who has a substantial interest in the outcome of the external review, including, without limitation: (a) The claimant; (b) The employer; or (c) The insurer or any officer, director or management employee of the insurer. 6. The Commissioner shall not issue a certificate to an external review organization that is affiliated with: (a) An organization for managed care which provides comprehensive medical and health care services to employees for injuries or diseases pursuant to chapters 616A to 617, inclusive, of NRS; (b) An insurer; (c) A third-party administrator; or (d) A national, state or local trade association. 7. An external review organization which is certified or accredited by an accrediting body that is nationally recognized shall be deemed to have satisfied all the conditions and qualifications required for the external review organization to be issued a certificate pursuant to this section. (Added to NRS by 2003, 2330; A 2009, 1827) ADMINISTRATIVE DUTIES OF EMPLOYERS NRS 616A.470 Self-insured employers and private carriers to compensate Nevada Attorney for Injured Workers or Hearings Division of Department of Administration for services provided. 1. Except as otherwise provided in subsection 2, each self-insured employer, association of self-insured public or private employers and private carrier shall compensate the office of the Nevada Attorney for Injured Workers or the Hearings Division of the Department of Administration, as appropriate, for all services which the Occupational Safety and Health Review Board, the Nevada Attorney for Injured Workers, the mediators and the appeals officers provide to those employers. The cost of any service must be negotiated by the employer, association or private carrier, and the Nevada Attorney for Injured Workers or the Division, as appropriate, before the employer, association or private carrier is charged for the service. 2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the Office of the Nevada Attorney for Injured Workers, the Division or other employers. (Added to NRS by 1979, 1039; A 1981, 1461; 1985, 667; 1991, 832; 1993, 707, 708; 1995, 2014; 1997, 1423; 1999, 444, 1761) NRS 616A.475 Self-insured employers, associations of self-insured employers and private carriers to furnish information to Administrator; insured employer to keep sufficient supply of blank forms. 1. Every self-insured employer, association of self-insured public or private employers or private carrier shall furnish to the Administrator, upon request, all information required to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator or any person employed by the Administrator for that purpose, may examine, under oath, any employer or officer, agent or employee thereof. 2. Every insured employer shall keep on hand constantly a sufficient supply of blank forms furnished by the insurer. [Part 44:168:1947; 1943 NCL § 2680.44] + [45:168:1947; 1943 NCL § 2680.45]—(NRS A 1981, 1165, 1468; 1995, 2021; 1999, 208, 1762) NRS 616A.480 Required execution of blank forms by employer; penalty for noncompliance. 1. Every employer receiving from the insurer or Administrator any blank form with directions to fill it out shall: (a) Cause it to be filled out properly. (b) Answer fully and correctly all questions therein propounded, and if unable to do so, shall give sufficient reasons for his or her failure. Answers to questions must be verified and returned to the insurer or Administrator, as appropriate, within 6 working days. 2. If an employer fails to comply with the provisions of subsection 1, the Administrator shall impose a fine of not more than $1,000 for each failure to comply. [46:168:1947; 1943 NCL § 2680.46]—(NRS A 1981, 1469; 1991, 2404; 1993, 712; 1995, 2022)—(Substituted in revision for NRS 616.330) NRS 616A.485 Employer’s records open to inspection. 1. The books, records and payroll of an employer who is self-insured, a member of an association of self-insured public or private employers or insured by a private carrier must be open to inspection by the Administrator or an auditor or agent of the Administrator to determine: (a) The accuracy of the payroll; (b) The number of persons employed; and (c) Any other information necessary for the administration of chapters 616A to 617, inclusive, of NRS. 2. The books, records and payroll of an employer who is insured by a private carrier must be open to inspection by that private carrier or its auditor or agent in the manner prescribed in subsection 1. [Part 80:168:1947; 1943 NCL § 2680.80]—(NRS A 1981, 1469; 1993, 1862; 1995, 2022; 1999, 1762, 2413; 2001, 115) NRS 616A.490 Employer to post notice identifying industrial insurer; contents of notice. Every employer shall post a notice upon his or her premises in a conspicuous place identifying the employer’s industrial insurer. The notice must include the insurer’s name, business address and telephone number and the name, business address and telephone number of its nearest adjuster in this State. The employer shall at all times maintain the notice provided for the information of his or her employees. (Added to NRS by 1995, 2000) NRS 616A.495 Employer to make available evidence of coverage; penalty for noncompliance. 1. Each employer shall ensure that a copy of the employer’s: (a) Policy of industrial insurance, including the declaration page, if the employer is insured by a private carrier; (b) Certificate issued by the Commissioner pursuant to NRS 616B.312, if the employer is self-insured; or (c) Certificate issued by the Commissioner pursuant to NRS 616B.359 and of a certificate or letter issued by the association of self-insured public or private employers verifying that the employer is a member in good standing of the association, if the employer is a member of an association of self-insured public or private employers, is available at all times for inspection by the Administrator or the auditor or agent of the Administrator or an investigator of the Attorney General at each of the employer’s places of business, except that if such a place of business is situated in a temporary location and is intended to remain in the temporary location for not more than 1 year, the copy must be made available at that place of business within 24 hours after being requested by the Administrator, auditor, agent or investigator. 2. An employer insured by a private carrier, self-insured employer or employer who is a member of an association of self-insured public or private employers who violates the provisions of subsection 1 is guilty of a misdemeanor. (Added to NRS by 1997, 3216; A 1997, 3224; 2001, 800) GENERAL PROVISIONS NRS 616B.003 Periodic audit of insurers; required standard auditing procedures; information to be shared by Division of Insurance; report to Legislature. 1. The Administrator shall cause to be conducted at least every 5 years an audit of all insurers who provide benefits to injured employees pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator shall cause to be conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the Administrator. 2. The Administrator shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing procedures. The manual must include: (a) Specific audit objectives; (b) Standards for documentation; (c) Policies for supervisory review; (d) Policies for the training of auditors; (e) The format for the audit report; and (f) Procedures for the presentation, distribution and retention of the audit report. 3. The Commissioner and the Administrator shall establish a procedure for sharing information between the Division of Insurance of the Department of Business and Industry and the Division concerning the qualifications of employers as self-insured employers pursuant to NRS 616B.300 or as an association of self-insured public or private employers pursuant to NRS 616B.353. 4. On or before March 1 of each year, the Administrator shall make a report of each audit to the Legislature, if it is in session, or to the Interim Finance Committee if the Legislature is not in session. (Added to NRS by 1991, 2394; A 1993, 700, 1857; 1995, 531; 2003, 1670) NRS 616B.005 Insurers to cooperate with Commissioner; duty of private carriers to provide certain information to Commissioner. Each insurer shall cooperate with the Commissioner in the performance of his or her duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Each private carrier shall provide the Commissioner with any information, statistics or data in its records which pertain to any employer who is making an application to become self-insured or who is self-insured, or who is becoming or who is a member of an association of self-insured public or private employers. (Added to NRS by 1979, 1039; A 1981, 1460; 1993, 707; 1995, 2014; 1999, 211, 1767)—(Substituted in revision for NRS 616B.194) NRS 616B.006 Insurer required to provide information necessary for enforcement of statutes, regulations or standards; Administrator required to make written request for information. 1. An insurer shall provide to the Administrator upon written request only information in its possession which is necessary for the enforcement of any provision of this chapter or chapter 616A, 616C, 616D or 617 of NRS, or any regulation or standard adopted pursuant thereto, within 30 days after the date of the request. The written request must specifically indicate: (a) What information is being requested; and (b) The statute, regulation or standard adopted pursuant thereto for which the information is needed. 2. Upon the receipt of a written request from an insurer, the Administrator may extend the time within which information must be provided if good cause for granting the extension is shown. (Added to NRS by 1991, 2394)—(Substituted in revision for NRS 616.191) NRS 616B.009 Reports required to be made by insurers. 1. All insurers shall report to the Administrator, annually or at intervals which the Administrator requires, all accidental injuries, occupational diseases, dispositions of claims and payments made pursuant to chapters 616A to 617, inclusive, of NRS or regulations adopted by the Division pursuant thereto. 2. Each self-insured employer and association of self-insured public or private employers shall report its reserves to the Administrator in the manner prescribed in subsection 1. (Added to NRS by 1979, 1038; A 1981, 1469; 1993, 712, 1862; 1995, 531, 2022)—(Substituted in revision for NRS 616.337) NRS 616B.012 Confidentiality and disclosure of information; penalty for disclosure or use of information; privileged communications. 1. Except as otherwise provided in this section and NRS 239.0115, 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s identity. 2. Any claimant or legal representative of the claimant is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS. 3. The Division and Administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The Administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to: (a) Any agency of this or any other state charged with the administration or enforcement of laws relating to industrial insurance, unemployment compensation, public assistance or labor law and industrial relations; (b) Any state or local agency for the enforcement of child support; (c) The Internal Revenue Service of the Department of the Treasury; (d) The Department of Taxation; and (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS. Ê Information obtained in connection with the administration of a program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a program of industrial insurance. 4. Upon written request made by a public officer of a local government, an insurer shall furnish from its records the name, address and place of employment of any person listed in its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to the local government. The insurer may charge a reasonable fee for the cost of providing the requested information. 5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit to the Administrator a written request for the name, address and place of employment of any person listed in the records of an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the Administrator shall instruct the insurer to furnish the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses. 6. Upon request by the Department of Taxation, the Administrator shall provide: (a) Lists containing the names and addresses of employers; and (b) Other information concerning employers collected and maintained by the Administrator or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS, Ê to the Department for its use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a reasonable fee to cover any related administrative expenses. 7. Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders or obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of a gross misdemeanor. 8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, or chapter 617 of NRS. 9. The provisions of this section do not prohibit the Administrator or the Division from disclosing any nonproprietary information relating to an uninsured employer or proof of industrial insurance. (Added to NRS by 1989, 1189; A 1991, 2465; 1993, 701, 1858; 1995, 579, 1583, 2131; 1997, 527, 1425; 1999, 208, 756, 757; 2003, 2303; 2003, 20th Special Session, 216; 2007, 2125) NRS 616B.015 Confidentiality of certain records and files of Division of Insurance concerning self-insured employers and associations of self-insured public or private employers; exceptions. 1. Except as otherwise provided in subsection 2 and NRS 239.0115, the records and files of the Division concerning self-insured employers and associations of self-insured public or private employers are confidential and may be revealed in whole or in part only in the course of the administration of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS relating to those employers or upon the lawful order of a court of competent jurisdiction. 2. The records and files specified in subsection 1 are not confidential in the following cases: (a) Testimony by an officer or agent of the Division and the production of records and files on behalf of the Division in any action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if that testimony or the records and files, or the facts shown thereby, are involved in the action or proceeding. (b) Delivery to a self-insured employer or an association of self-insured public or private employers of a copy of any document filed by the employer with the Division pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. (c) Publication of statistics if classified so as to prevent: (1) Identification of a particular employer or document; or (2) Disclosure of the financial or business condition of a particular employer or insurer. (d) Disclosure in confidence, without further distribution or disclosure to any other person, to: (1) The Governor or an agent of the Governor in the exercise of the Governor’s general supervisory powers; (2) Any person authorized to audit the accounts of the Division in pursuance of an audit; (3) The Attorney General or other legal representative of the State in connection with an action or proceeding conducted pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS; (4) Any agency of this or any other state charged with the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation; or (5) Any federal, state or local law enforcement agency. (e) Disclosure in confidence by a person who receives information pursuant to paragraph (d) to a person in furtherance of the administration or enforcement of the laws relating to workers’ compensation or unemployment compensation. 3. As used in this section: (a) “Division” means the Division of Insurance of the Department of Business and Industry. (b) “Records and files” means: (1) All credit reports, references, investigative records, financial information and data pertaining to the net worth of a self-insured employer or association of self-insured public or private employers; and (2) All information and data required by the Division to be furnished to it pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or which may be otherwise obtained relative to the finances, earnings, revenue, trade secrets or the financial condition of any self-insured employer or association of self-insured public or private employers. (Added to NRS by 1995, 2123; A 1999, 209; 2007, 2126) NRS 616B.018 Index of claims: Establishment; contents; format; use; fee; administrative fine for failure by insurer to provide information. 1. The Administrator shall establish a method of indexing claims for compensation that will make information concerning the claimants of an insurer available to other insurers and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. 2. Every insurer shall provide the following information if required by the Administrator for establishing and maintaining the index of claims: (a) The first name, last name, middle initial, if any, date of birth and social security number of the injured employee; (b) The name and tax identification number of the employer of the injured employee; (c) If the employer of the injured employee is a member of an association of self-insured public or private employers, the name and tax identification number of that association; (d) The name and tax identification number of the insurer, unless the employer of the injured employee is self-insured and this requirement would duplicate the information required pursuant to paragraph (b); (e) The date upon which the employer’s policy of industrial insurance that covers the claim became effective and the date upon which it will expire or must be renewed; (f) The number assigned to the claim by the insurer; (g) The date of the injury or of the sustaining of the occupational disease; (h) The part of the body that was injured or the occupational disease that was sustained by the injured employee; (i) The percentage of disability as determined by the rating physician or chiropractor; (j) Which part of the body was permanently impaired, if any; (k) What type of accident or occupational disease that is the subject of the claim; (l) The date, if any, that the claim was closed; and (m) If the claim has been closed, whether the closure was pursuant to the provisions of: (1) Subsection 2 of NRS 616C.235; or (2) Subsection 1 of NRS 616C.235, Ê and what type of compensation was provided for the claim. 3. The Administrator shall require information provided pursuant to subsection 2 to be submitted: (a) In a format that is consistent with nationally recognized standards for the reporting of data regarding industrial insurance; and (b) Electronically or in another medium approved by the Administrator. 4. The Administrator shall ensure that the requirement for an insurer to provide information pursuant to subsection 2 is administered in a fair and equal manner so that an insurer is not required to provide more or a different type of information than another insurer similarly situated. 5. The provisions of this section do not prevent the Administrator from: (a) Conducting audits pursuant to the provisions of NRS 616B.003 and collecting information from such audits; (b) Receiving and collecting information from the reports that insurers must submit to the Administrator pursuant to the provisions of NRS 616B.009; (c) Investigating alleged violations of the provisions of chapters 616A to 617, inclusive, of NRS; or (d) Enforcing the provisions of chapters 616A to 617, inclusive, of NRS. 6. If an employee files a claim with an insurer, the insurer is entitled to receive from the Administrator a list of the prior claims of the employee. If the insurer desires to inspect the files related to the prior claims, the insurer must obtain the written consent of the employee. 7. Any information obtained from the index of claims may be admitted into evidence in any hearing before an appeals officer, a hearing officer or the Administrator. 8. The Division may assess and collect a reasonable fee for its services provided pursuant to this section. The fee must be payable monthly or at such other intervals as determined by the Administrator. 9. If the Administrator determines that an insurer has intentionally failed to provide the information required by subsection 2, the Administrator shall impose an administrative fine of $1,000 for the initial violation, and a fine of $2,000 for a second or subsequent violation. 10. As used in this section, “tax identification number” means the number assigned by the Internal Revenue Service of the United States Department of the Treasury for identification. (Added to NRS by 1991, 352; A 1993, 702, 1859; 1995, 531, 539; 1997, 3216; 1999, 1038; 2001, 115, 123) NRS 616B.021 Files of claims: Accessibility; maintenance; inspection; reproduction. 1. An insurer shall provide access to the files of claims in its offices. 2. The physical records in a file concerning a claim filed in this State may be kept at an office located outside this State if all records in the file are accessible at offices located in this State on computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original. If a claim filed in this State is open, the records in the file must be reproduced and available for inspection during regular business hours within 24 hours after requested by the employee or the employee’s designated agent, the employer or the employer’s designated agent, or the Administrator or the Administrator’s designated agent. If a claim filed in this State is closed, the records in the file must be reproduced and available for inspection during regular business hours within 14 days after requested by such persons. 3. Upon request, the insurer shall make copies or other reproductions of anything in the file and may charge a reasonable fee for this service. Copies or other reproductions of materials in the file which are requested by the Administrator or the Administrator’s designated agent, or the Nevada Attorney for Injured Workers or his or her designated agent must be provided free of charge. 4. The Administrator may adopt regulations concerning the: (a) Maintenance of records in a file on claims that are open or closed; and (b) Preservation, examination and use of records which have been stored on computer or in a microphotographic, electronic or similar format by an insurer. 5. This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred. (Added to NRS by 1979, 1041; A 1981, 712, 1458; 1985, 863; 1989, 331; 1991, 831; 1995, 2012, 2132; 1997, 579; 2001, 960) NRS 616B.024 Destruction of records. 1. Upon written approval of the Administrator, the insurer may destroy accumulated and noncurrent detail records such as payroll reports, checks, claims, and other records of similar importance for the period July 1, 1913, to January 1, 1947, if: (a) Claims from January 1, 1940, and after are first microphotographed; and (b) A brief inventory of the destroyed records is retained. 2. The insurer may dispose of or destroy any record which has been microphotographed or filmed if the procedure required by NRS 239.051 has been followed. 3. The principal records, such as the general and regular journals and the general ledgers, must be retained intact until audited and then must be microfilmed for retention until their destruction pursuant to NRS 239.051. [1:222:1953] + [2:222:1953] + [3:222:1953]—(NRS A 1981, 712, 1458; 1989, 1190)—(Substituted in revision for NRS 616.195) NRS 616B.027 Insurer to provide office in State and statewide toll-free telephone service; private carrier to provide adequate services and information to control losses and prevent accidents and occupational diseases. 1. Every insurer shall: (a) Provide an office in this State operated by the insurer or its third-party administrator in which: (1) A complete file of each claim is accessible, in accordance with the provisions of NRS 616B.021; (2) Persons authorized to act for the insurer and, if necessary, licensed pursuant to chapter 683A of NRS, may receive information related to a claim and provide the services to an employer and his or her employees required by chapters 616A to 617, inclusive, of NRS; and (3) An employee or his or her employer, upon request, is provided with information related to a claim filed by the employee or a copy or other reproduction of the information from the file for that claim, in accordance with the provisions of NRS 616B.021. (b) Provide statewide toll-free telephone service to the office maintained pursuant to paragraph (a) or accept collect calls from injured employees. 2. Each private carrier shall provide: (a) Adequate services to its insured employers in controlling losses; and (b) Adequate information on the prevention of industrial accidents and occupational diseases. (Added to NRS by 1995, 2000; A 1999, 1764; 2001, 960) NRS 616B.028 Modified program of industrial insurance for offenders in prison industry or work program. 1. Any offender confined at the state prison, while engaged in work in a prison industry or work program, whether the program is operated by an institution of the Department of Corrections, by contract with a public entity or by a private employer, is entitled to coverage under the modified program of industrial insurance established by regulations adopted by the Division if the Director of the Department of Corrections complies with the provisions of the regulations, and coverage is approved by a private carrier. 2. An offender is limited to the rights and remedies established by the provisions of the modified program of industrial insurance established by regulations adopted by the Division. The offender is not entitled to any rights and remedies established by the provisions of chapters 616A to 617, inclusive, of NRS. 3. The Division shall, in cooperation with the Department of Corrections and the Risk Management Division of the Department of Administration, adopt regulations setting forth a modified program of industrial insurance to provide offenders with industrial insurance against personal injuries arising out of and in the course of their work in a prison industry or work program. (Added to NRS by 1989, 733; A 1995, 1872; 1999, 1717, 1767; 2001 Special Session, 246) NRS 616B.029 Modified program of industrial insurance for offenders engaged in work program directed by Administrator of county or city jail or other local detention facility. 1. Any offender confined in a county jail, city jail or other local detention facility, while engaged in work in a work program directed by the Administrator of the jail or other detention facility, whether the work program is operated by contract with a public entity or by a private employer, may receive coverage under the modified program of industrial insurance established by regulations adopted by the Division if the Administrator of the jail or other detention facility complies with the provisions of the regulations and coverage is approved by a private carrier. 2. An offender is limited to the rights and remedies established by the provisions of the modified program of industrial insurance established by regulations adopted by the Division. The offender is not entitled to any rights and remedies established by the provisions of chapters 616A to 617, inclusive, of NRS. 3. The Division, in cooperation with the various administrators of jails and other detention facilities, shall adopt regulations setting forth a modified program of industrial insurance to provide offenders with industrial insurance against personal injuries arising out of and in the course of their work in a work program. 4. As used in this section, “administrator of the jail or other detention facility” means the sheriff of a county jail, chief of police of a city jail or director of a local detention facility. (Added to NRS by 1997, 3347; A 1999, 1717)—(Substituted in revision for NRS 616B.186) NRS 616B.030 Policy of insurance: Required provisions in policies of private carriers; regulations of Commissioner concerning basic policy used by private carriers. 1. Every policy of insurance issued by a private carrier: (a) Must be in writing; (b) Must contain the insuring agreements and exclusions; (c) Is subject to chapters 616A to 617, inclusive, of NRS and regulations adopted pursuant to those chapters; and (d) If it contains a provision inconsistent with this chapter or chapter 616A, 616C, 616D or 617 of NRS, shall be deemed to be reformed to conform with that chapter. 2. The Commissioner shall, by regulation, prescribe the basic policy to be used by private carriers. (Added to NRS by 1995, 2001; A 1999, 1764) NRS 616B.031 Policy of insurance: Coverage of all employees of employer; coverage of employees under consolidated insurance program. 1. Except as otherwise provided in subsection 2, an insurer shall not issue a policy of industrial insurance to an employer that does not cover each employee of that employer who satisfies the definition of employee set forth in NRS 616A.105 to 616A.225, inclusive. 2. If the employer is a contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program established pursuant to NRS 616B.710 to 616B.737, inclusive, an insurer may issue a policy of industrial insurance to that employer which does not cover an employee who: (a) Is assigned to participate in the construction of the project that is covered by the consolidated insurance program; and (b) Works exclusively at the site of the construction project that is covered by the consolidated insurance program. (Added to NRS by 1999, 1715; A 2001, 2448) NRS 616B.032 Policy of insurance: Coverage for domestic worker as part of homeowner’s policy of insurance. 1. A private carrier may provide industrial insurance, as a part of a homeowner’s policy of insurance, to a person who employs a domestic worker for the term of that worker’s employment. Upon providing such coverage, the private carrier may, with the approval of the Commissioner, determine and fix the premium rates to be paid for the industrial insurance so provided. 2. A domestic worker for whom industrial insurance is provided pursuant to subsection 1: (a) Shall be deemed to be an employee while performing work for his or her employer at a wage: (1) Equal to his or her average monthly wage as determined pursuant to the regulations adopted by the Administrator pursuant to NRS 616C.420 if the domestic worker is employed more than 20 hours per week; or (2) Of $150 per month if the domestic worker is employed not more than 20 hours per week; and (b) Is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS. 3. As used in this section: (a) “Domestic worker” is a person who is engaged exclusively in household or domestic service performed inside or outside of a person’s residence. The term includes, without limitation, a cook, housekeeper, maid, companion, babysitter, chauffeur or gardener. (b) “Homeowner’s policy of insurance” means a policy of property or casualty insurance that provides coverage for the loss of or damage to a home or against liability for the death or injury of a person or damage to property. (Added to NRS by 1999, 1371) NRS 616B.033 Default of employer does not relieve insurer from liability; effect of statements contained in application for policy; notification of employer of cancellation of policy; defense based on act or omission of insured employer may not be raised by insurer against claimant; insurer placed in position of employer under certain circumstances. 1. Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must contain a provision for the requirements of subsection 5 and a provision that insolvency or bankruptcy of the employer or the employer’s estate, or discharge therein, or any default of the employer does not relieve the insurer from liability for compensation resulting from an injury otherwise covered under the policy issued by the insurer. 2. No statement in an employer’s application for a policy of industrial insurance voids the policy as between the insurer and employer unless the statement is false and would have materially affected the acceptance of the risk if known by the insurer, but in no case does the invalidation of a policy as between the insurer and employer affect the insurer’s obligation to provide compensation to claimants arising before the cancellation of the policy. If the insurer is required pursuant to this subsection to provide compensation under an invalid policy, the insurer is subrogated to the claimant’s rights against the employer. 3. If an insurer intends to cancel a policy of insurance issued by the insurer pursuant to chapters 616A to 617, inclusive, of NRS, the insurer must give notice to that effect in writing to the employer fixing the date on which it is proposed that the cancellation becomes effective, which must be at least 30 days after the date on which the notice is personally delivered or mailed to the employer, except in the case of cancellation for failure to pay a premium when due. The notices must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the employer. If the employer has secured insurance with another insurer which would cause double coverage, the cancellation must be made effective as of the effective date of the other insurance. 4. As between any claimant and the insurer, no defense based on any act or omission of the insured employer, if different from the insurer, may be raised by the insurer. 5. For the purposes of chapters 616A to 617, inclusive, of NRS, as between the employee and the insurer: (a) Except as otherwise provided in NRS 616C.065, notice or knowledge of the injury to or by the employer is notice or knowledge to or by the insurer; (b) Jurisdiction over the employer is jurisdiction over the insurer; and (c) The insurer is bound by and subject to any judgments, findings of fact, conclusions of law, awards, decrees, orders or decisions rendered against the employer in the same manner and to the same extent as the employer. (Added to NRS by 1995, 2001; A 1997, 1427; 1999, 444; 2001, 802) NRS 616B.036 Conditions for providing industrial insurance for organization or association of employers; approval of group or organization; adoption of regulations. 1. A private carrier may provide industrial insurance for an organization or association of employers as a group if: (a) The members of the organization or association are engaged in a common trade or business; and (b) The formation and operation of a program of industrial insurance for the organization or association will substantially assist in the handling of claims and the prevention of accidents for the employers as a group. 2. Notwithstanding the provisions of subsection 1, a private carrier may provide industrial insurance for an organization or association of employers as a group whose members are not engaged in a common trade or business if: (a) The organization or association of employers is formed and maintained for purposes other than obtaining industrial insurance; and (b) The contract or other agreement pursuant to which the private carrier will provide industrial insurance for the organization or association provides that: (1) A separate policy will be issued to each member of the organization or association; and (2) Other than the payment of premiums by the organization or association, the organization or association and each of its members are not liable for the cost of the administration of claims or the compensation payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. 3. The Commissioner must approve each organization or association before a policy of industrial insurance may be issued to it as a group pursuant to subsection 1 or 2. 4. The Commissioner shall adopt regulations for the qualification of organizations or associations of employers described in subsections 1 and 2. (Added to NRS by 1995, 2004; A 1999, 1764, 2414; 2001, 115) NRS 616B.038 Prohibition against charging fee for inclusion on panel of providers of health care; penalty. 1. If an insurer establishes a panel of providers of health care for the purpose of offering health care services pursuant to chapters 616A to 617, inclusive, of NRS, the insurer shall not charge a provider of health care: (a) A fee to include the name of the provider on the panel of providers of health care; or (b) Any other fee related to establishing a provider of health care as a provider for the insurer. 2. If an insurer violates the provisions of subsection 1, the insurer shall pay to the provider of health care an amount that is equal to twice the fee charged to the provider of health care. 3. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section. (Added to NRS by 2003, 3373) STATE INSURANCE FUND NRS 616B.040 Creation; source; investments. 1. There is hereby established in the State Treasury the State Insurance Fund. The Commissioner shall administer the Fund. 2. The money in the Fund may be invested by the State Treasurer in accordance with the provisions of NRS 355.140, 355.150 and 355.160. 3. Any money delivered to the Commissioner pursuant to NRS 616B.042 and 696B.360 must be deposited in the Fund and be held in trust by the Commissioner as custodian thereof for the purpose of providing compensation for industrial accidents and occupational diseases and for administrative expenses incidental thereto. (Added to NRS by 1999, 1763)—(Substituted in revision for NRS 616B.0862) NRS 616B.042 Money to provide compensation held in trust; conditions when trust money to be deposited in Fund. 1. The chief executive officer of any successor organization to the State Industrial Insurance System shall continue to hold in trust any money paid to the System for the purpose of providing compensation for industrial accidents and occupational diseases and administrative expenses incidental thereto. The successor organization shall use that money only for the purpose for which it was paid. 2. If any successor organization to the State Industrial Insurance System ceases to provide industrial insurance in this State, all money held in trust pursuant to subsection 1 must be delivered to the Commissioner on a date that ensures that all benefits will be paid to qualified claimants under policies of industrial insurance previously issued by the State Industrial Insurance System or the successor organization. The Commissioner shall deposit the money delivered to the Commissioner pursuant to this subsection in the State Insurance Fund. (Added to NRS by 1999, 1762)—(Substituted in revision for NRS 616B.0865) NRS 616B.044 Authority of successor organization to take credit for reinsurance. 1. Any successor organization to the State Industrial Insurance System may take as credit as an asset or as a deduction from liability on account of reinsurance for reinsurance ceded to an assuming alien insurer with security based on discounted reserves for losses that were maintained by the System for accounting periods beginning before July 1, 1995, at a rate not to exceed 6 percent. 2. As used in this section, “alien insurer” has the meaning ascribed to it in NRS 679A.090. (Added to NRS by 1999, 1763)—(Substituted in revision for NRS 616B.0867) NRS 616B.046 Disposition of money in Fund on repeal of statutes relating to workers’ compensation. If chapters 616A to 616D, inclusive, of NRS shall hereafter be repealed, all moneys which are in the State Insurance Fund at the time of the repeal shall be subject to such disposition as may be provided by the Legislature, and in default of such legislative provisions distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing. [98:168:1947; 1943 NCL § 2680.98]—(NRS A 1973, 604)—(Substituted in revision for NRS 616B.101) PAYMENT AND COLLECTION OF PREMIUMS NRS 616B.215 Appeal by principal contractor from denial of final certificate of coverage for project; appeal by employer from determination regarding vocational rehabilitation of injured employee. 1. Except as otherwise provided in subsection 2: (a) A principal contractor or an owner of property acting as a principal contractor aggrieved by a letter issued pursuant to NRS 616B.645; or (b) An employer aggrieved by a determination made pursuant to NRS 616C.585, Ê may appeal from the letter or determination by filing a notice of appeal with the Administrator within 30 days after the date of the letter or determination. 2. An employer shall not seek to remove costs that have been charged to the account of the employer by appealing to the Administrator any issue that relates to a claim for compensation if the issue was raised or could have been raised before a hearing officer or an appeals officer pursuant to NRS 616C.315 or 616C.345. 3. The decision of the Administrator is the final and binding administrative determination of an appeal filed pursuant to this section, and the whole record consists of all evidence taken at the hearing before the Administrator and any findings based thereon. (Added to NRS by 1983, 355; A 1987, 450; 1993, 719; 1995, 2024; 1997, 1431; 1999, 444) NRS 616B.222 Determination of total amount paid to employees for services performed during policy year. To determine the total amount paid to employees for services performed, the maximum amount paid to any one employee during a policy year shall be deemed to be $36,000. (Added to NRS by 1995, 2002, A 1999, 1715; 2001, 2449) NRS 616B.224 Periodic report of payroll and reported tips; periodic payment of premiums; effect of failure to submit information or premiums; collection of premiums by insurer. 1. Every private or public employer who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals and on or before dates established by the employer’s insurer, furnish the insurer with: (a) A true and accurate payroll showing: (1) The total amount paid to employees for services performed; (2) The amount of tips reported to the employer by every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and (3) A segregation of employment in accordance with the requirements of the Commissioner; and (b) Any premium due pursuant to the terms of the policy of industrial insurance. Ê The payroll reports and any premium may be furnished to the insurer on different dates, as established by the insurer. 2. The failure of any employer to comply with the provisions of this section operates as a rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS. The insurer shall, within the period specified in subsection 2 of NRS 616B.461, notify the Administrator of each such rejection by notifying the Administrator of its cancellation or decision not to renew the policy of that employer. 3. The insurer shall notify any employer or the representative of the employer by first-class mail of any failure on his or her part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, and chapter 617 of NRS as otherwise provided in those chapters. 4. To the extent permitted by federal law, the insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS even if an employer’s debts have been discharged in a bankruptcy proceeding. [Part 77:168:1947; A 1951, 51, 485; 1953, 8]—(NRS A 1957, 34; 1969, 95, 762; 1975, 620; 1979, 1048; 1981, 713, 1474; 1983, 357; 1985, 1444; 1987, 922; 1991, 2410, 2441; 1993, 42, 43, 45, 720, 721, 802, 2457; 1995, 2025, 2141, 2168; 1997, 595, 596, 602, 1431; 1999, 212, 444, 1718, 1736, 1767; 2001, 802) NRS 616B.227 Submission and retention of reports concerning tips received by employees; payment of premiums for tips; calculation of compensation; notification of employees to report tips. 1. Except as otherwise provided in subsection 2, an employer shall: (a) Make a copy of each report that an employee files with the employer pursuant to 26 U.S.C. § 6053(a) to report the amount of his or her tips to the United States Internal Revenue Service; and (b) Submit the copy to his or her private carrier upon request and retain another copy for his or her records or, if the employer is self-insured or a member of an association of self-insured public or private employers, retain the copy for his or her records. 2. An employer who maintains his or her records concerning payroll by a computerized program or process that can produce a report on all employees which indicates: (a) The amount of tips reported by each employee pursuant to 26 U.S.C. § 6053(a); or (b) The amount of tips allocated to each employee pursuant to a formula applied by the employer, whether by agreement of the employees or by imposition of the employer, Ê may satisfy the requirements of subsection 1 by submitting a copy of the report to his or her private carrier and maintaining another copy of the report for his or her records. 3. An employer who is not self-insured or a member of an association of self-insured public or private employers shall pay the private carrier the premiums for the reported tips at the same rate as he or she pays on regular wages. 4. The private carrier, self-insured employer or association of self-insured public or private employers shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported by the employee pursuant to 26 U.S.C. § 6053(a). Reports made after the date of injury may not be used for the calculation of compensation. 5. An employer shall notify his or her employees of the requirement to report income from tips to calculate his or her federal income tax and to include the income in the computation of benefits pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS. 6. The Administrator shall adopt such regulations as are necessary to carry out the provisions of this section. (Added to NRS by 1985, 1443; A 1987, 598; 1991, 2411; 1993, 722, 1865; 1995, 531, 2026; 1999, 213, 1768; 2001, 2449) NRS 616B.228 Budgeting for premiums and payment of premiums by public employers. Every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and each county, city, school district and other political subdivision of this State shall budget for industrial insurance in the same manner as for other expenses and, if insured by a private carrier, shall pay premiums as required by its contract. (Added to NRS by 1999, 1764) SELF-INSURED EMPLOYERS NRS 616B.300 Qualification as self-insured employer: Establishment of financial ability to pay; deposit or security; evidence of excess insurance; Account for Self-Insured Employers. 1. An employer may qualify and remain qualified as a self-insured employer by establishing to the satisfaction of the Commissioner that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS. For the purposes of this subsection, an employer has sufficient financial resources if: (a) At the time of initial qualification and until the employer has operated successfully as a qualified self-insured employer for 3 years, as determined by the Commissioner, the employer has a tangible net worth of not less than $2,500,000, as evidenced by a statement of tangible net worth provided to the Division of Insurance of the Department of Business and Industry by an independent certified public accountant; or (b) After 3 years of successful operation as a qualified self-insured employer, as determined by the Commissioner, the employer has net cash flows from operating activities plus net cash flows from financing activities of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less. 2. A self-insured employer must, in addition to establishing financial ability to pay, deposit with the Commissioner a bond executed by the employer as principal, and by a corporation qualified under the laws of this State as surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to employees. The bond must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employer’s expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective experience of the employer with losses and expenses within this State, to the hazard of catastrophic loss, to other contingencies, and to trends within the State. In arriving at the amount of the deposit required, the Commissioner may consider the nature of the employer’s business, the financial ability of the employer to pay compensation and the employer’s probable continuity of operation. 3. In lieu of a bond, the employer may deposit with the Commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Commissioner. 4. The required deposit may be increased or decreased by the Commissioner in accordance with chapter 681B of NRS and the Commissioner’s regulations for loss reserves in casualty insurance. If the Commissioner requires an employer to increase his or her deposit, the Commissioner may specify the form of the additional security. The employer shall comply with such a requirement within 60 days after receiving notice from the Commissioner. 5. The Commissioner shall require the self-insured employer to submit evidence of excess insurance to provide protection against a catastrophic loss. The excess insurance must be written by an insurer authorized to do business in this State. The Commissioner shall consider the excess insurance coverage as a basis for a reduction in the deposit required of an employer. 6. The Account for Self-Insured Employers is hereby created in the State Agency Fund for Bonds. All money received by the Commissioner pursuant to this section must be deposited with the State Treasurer to the credit of the Account for Self-Insured Employers. All claims against this Account must be paid as other claims against the State are paid. (Added to NRS by 1979, 1035; A 1981, 269, 1465; 1985, 582, 933; 1989, 1078; 1991, 1799; 1993, 2403; 2007, 3334) NRS 616B.303 Standard for insolvency. For the purposes of NRS 616B.306, 616B.309 and 616B.318, an employer is insolvent if the employer’s assets are less than the employer’s liabilities. (Added to NRS by 1985, 582)—(Substituted in revision for NRS 616.2915) NRS 616B.306 Commissioner may sell securities or institute proceedings on surety bonds of self-insured employer to pay claims. 1. If a self-insured employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for payment of any claim becomes final, the Commissioner may, after giving at least 10 days’ notice to the employer and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited or filed with the Commissioner to the extent necessary to make those payments. Until the Commissioner gives a 10-day notice pursuant to this subsection, the employer is entitled to all interest and dividends on bonds or securities on deposit and to exercise all voting rights, stock options and other similar incidents of ownership thereof. 2. A company providing a surety bond under NRS 616B.300 may terminate liability on its surety bond by giving the Commissioner and the employer 90 days’ written notice. The termination does not limit liability which was incurred under the surety bond before the termination. If the employer fails to requalify as a self-insured employer on or before the termination date, the employer’s certification is withdrawn when the termination becomes effective. (Added to NRS by 1979, 1036; A 1985, 583, 934)—(Substituted in revision for NRS 616.292) NRS 616B.309 Assessment of self-insured employers to provide for claims against insolvent employers; Account for Insolvent Self-Insured Employers. 1. The Commissioner may assess all self-insured employers to provide for claims against any insolvent self-insured employer. 2. All money received from such assessments must be deposited with the State Treasurer to the credit of the Account for Insolvent Self-Insured Employers, which is hereby created in the Fund for Workers’ Compensation and Safety. Money in the Account must be used solely to carry out the provisions of this section. All claims against the Account must be paid as other claims against the State are paid. The State Treasurer shall invest money in the account in the same manner and in the same securities in which the State Treasurer may invest money of the State General Fund. Income realized from the investment of the assets in the Account must be credited to the Account. (Added to NRS by 1985, 933; A 1991, 1800)—(Substituted in revision for NRS 616.2925) NRS 616B.312 Certificate of qualification as self-insured employer: Issuance by Commissioner; contents; effective date; period certificate is in effect. 1. Upon determining that an employer is qualified as a self-insured employer, the Commissioner shall issue a certificate to that effect to the employer and the Administrator. No certificate may be issued to any employer who, within the 2 years immediately preceding the employer’s application, has had his or her certification as a self-insured employer involuntarily withdrawn by the Commissioner. 2. A certificate issued pursuant to this section must include, without limitation: (a) The name of the self-insured employer; (b) An identification number assigned to the self-insured employer by the Commissioner; and (c) The date on which the certificate was issued. 3. Except as otherwise provided in NRS 616B.315 and 616B.318, certificates issued pursuant to this section remain in effect until withdrawn by the Commissioner or cancelled by the employer. Coverage for employers qualifying under NRS 616B.615 becomes effective on the date of certification or the date specified in the certificate. (Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583; 1993, 2404; 1995, 1640; 1997, 3217) NRS 616B.315 Notification of change in ownership or control of self-insured employer; automatic termination of certification unless extension granted. A self-insured employer shall notify the Commissioner not less than 60 days before any change in ownership or control of the employer. The certification of the self-insured employer terminates automatically on the date of the change unless the Commissioner extends the certification. Except as otherwise provided in NRS 616B.015, the Commissioner, upon request, may declare as confidential any documents which are submitted in support of a request for such an extension. Documents declared confidential pursuant to this section are subject to the provisions of NRS 239.0115. (Added to NRS by 1985, 582; A 1995, 2137; 2007, 2127) NRS 616B.318 Grounds for withdrawal of certification of self-insured employer; exception; administrative fine. 1. The Commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and: (a) Shall withdraw the certification of a self-insured employer if: (1) The deposit required pursuant to NRS 616B.300 is not sufficient and the employer fails to increase the deposit after the employer has been ordered to do so by the Commissioner; (2) The self-insured employer fails to provide evidence of excess insurance pursuant to NRS 616B.300 within 45 days after the employer has been so ordered; or (3) Except as otherwise provided in subsection 4, the employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder. (b) May withdraw the certification of a self-insured employer if: (1) The employer intentionally fails to comply with regulations of the Commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, and chapter 617 of NRS; (2) The employer violates the provisions of subsection 2 of NRS 616B.500 or any regulation adopted by the Commissioner or the Administrator concerning the administration of the employer’s plan of self-insurance; or (3) The employer makes a general or special assignment for the benefit of creditors or fails to pay compensation after an order for payment of any claim becomes final. 2. Any employer whose certification as a self-insured employer is withdrawn must, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650. 3. The Commissioner may, upon the written request of an employer whose certification as a self-insured employer is withdrawn pursuant to subparagraph (3) of paragraph (a) of subsection 1, reinstate the employer’s certificate for a reasonable period to allow the employer sufficient time to provide industrial insurance for his or her employees. 4. The Commissioner may authorize an employer to retain his or her certification as a self-insured employer during the pendency of a proceeding specified in subparagraph (3) of paragraph (a) of subsection 1 if the employer establishes to the satisfaction of the Commissioner that the employer is able to pay all claims for compensation during the pendency of the proceeding. (Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583; 1991, 2403; 1993, 2404; 1995, 2018; 1999, 216; 2003, 3339) NRS 616B.321 Imposition of fine if self-insured employer fails to pay compensation as ordered. The Commissioner shall impose an administrative fine, not to exceed $5,000, if an employer whose certification as a self-insured employer has terminated fails to pay compensation pursuant chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for payment of any claim becomes final. (Added to NRS by 1985, 582; A 1991, 2404)—(Substituted in revision for NRS 616.2945) NRS 616B.324 Self-insured employer liable for violation by employer’s agent. A person who is employed by or contracts with a self-insured employer to administer the plan of self-insurance is an agent of the self-insured employer, and if he or she violates any provision of this chapter or chapter 616A, 616C, 616D or 617 of NRS, the self-insured employer is liable for any penalty assessed because of that violation. (Added to NRS by 1985, 1011; A 1999, 216) NRS 616B.327 Withdrawal of certification of self-insured employer: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal. 1. Except as otherwise provided in NRS 616D.120, before any action may be taken pursuant to subsection 2, the Commissioner of Insurance shall arrange an informal meeting with the self-insured employer to discuss and seek correction of any conduct which would be grounds for withdrawal of the self-insured employer’s certificate of self-insurance. 2. Except as otherwise provided in NRS 616D.120, before the withdrawal of the certification of any self-insured employer, the Commissioner of Insurance shall give written notice to that employer by certified mail that the employer’s certification will be withdrawn 10 days after receipt of the notice unless, within that time, the employer corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the Commissioner of Insurance. Before requesting a hearing the employer must make the deposit required by NRS 616B.300. 3. If the employer requests a hearing: (a) The Commissioner of Insurance shall set a date for a hearing within 20 days after receiving the appeal request, and shall give the employer at least 10 business days’ notice of the time and place of the hearing. (b) A record of the hearing must be kept but it need not be transcribed unless requested by the employer with the cost of transcription to be charged to the employer. (c) Within 5 business days after the hearing, the Commissioner of Insurance shall either affirm or disaffirm the withdrawal and give the employer written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the employer receives notice of the affirmance unless within that period of time the employer corrects the conduct which was ground for the withdrawal or petitions for judicial review of the affirmance. 4. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance. (Added to NRS by 1979, 1037; A 1995, 1640)—(Substituted in revision for NRS 616.296) NRS 616B.330 Self-insured employer may appeal decision of Commissioner. Any self-insured employer who is aggrieved by a decision of the Commissioner of Insurance may appeal in the manner set forth in NRS 679B.310, except that any such appeal must be filed within the time set forth in NRS 616B.327. (Added to NRS by 1979, 1039)—(Substituted in revision for NRS 616.298) NRS 616B.333 Disposition of security after termination of status as self-insured employer. 1. If for any reason the status of an employer as a self-insured employer is terminated, the security deposited under NRS 616B.300 must remain on deposit for a period of at least 36 months in such amount as necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by such security, or to assure the payment of claims for aggravation, payment of claims under NRS 616C.390 and payment of claims under NRS 616C.392 based on such accidental injuries or occupational diseases. 2. At the expiration of the 36-month period, or such other period as the Commissioner deems proper, the Commissioner may accept, in lieu of any security so deposited, a policy of paid-up insurance in a form approved by the Commissioner. (Added to NRS by 1979, 1038; A 2005, 1489) NRS 616B.336 Self-insured employers to furnish annual financial statements to Commissioner; Commissioner may examine records and interview employees. 1. Each self-insured employer shall furnish audited financial statements, certified by an auditor licensed to do business in this State, to the Commissioner annually within 120 days after the expiration of the self-insured employer’s fiscal year. 2. The Commissioner may examine the records and interview the employees of each self-insured employer as often as the Commissioner deems advisable to determine the adequacy of the deposit which the employer has made with the Commissioner, the sufficiency of reserves and the reporting, handling and processing of injuries or claims. The Commissioner shall examine the records for that purpose at least once every 3 years. The self-insured employer shall reimburse the Commissioner for the cost of the examination. (Added to NRS by 1979, 1039; A 2003, 3339) ASSOCIATIONS OF SELF-INSURED EMPLOYERS NRS 616B.350 Qualification as association of self-insured public or private employers; application for certification; fee; confidentiality of financial information submitted for certification. 1. A group of five or more employers may not act as an association of self-insured public employers unless the group: (a) Is composed of employers engaged in the same or similar classifications of employment; and (b) Has been issued a certificate to act as such an association by the Commissioner. 2. A group of five or more employers may not act as an association of self-insured private employers unless each member of the group: (a) Is a member or associate member of a bona fide trade association, as determined by the Commissioner, which: (1) Is incorporated in this State; and (2) Has been in existence for at least 5 years; and (b) Has been issued a certificate to act as such an association by the Commissioner. 3. An association of public or private employers that wishes to be issued a certificate must file with the Commissioner an application for certification. 4. The application must include: (a) The name of the association. (b) The address of: (1) The principal office of the association. (2) The location where the books and records of the association will be maintained. (c) The date the association was organized. (d) The name and address of each member of the association. (e) The names of the initial members of the board of trustees and the name of the initial association’s administrator. (f) Such other information as the Commissioner may require. 5. The application must be accompanied by: (a) A nonrefundable filing fee of $1,000 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110. (b) Proof of compliance with NRS 616B.353. (c) Proof that the association or its third-party administrator is licensed or otherwise authorized to conduct business in this State pursuant to title 57 of NRS. (d) A copy of the agreements entered into with the association’s administrator and a third-party administrator. (e) A copy of the bylaws of the association. (f) A copy of an agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due pursuant to chapters 616A to 617, inclusive, of NRS. (g) A pro forma financial statement prepared by an independent certified public accountant in accordance with generally accepted accounting principles that shows the financial ability of the association to pay all compensation due pursuant to chapters 616A to 617, inclusive, of NRS. (h) A reviewed financial statement prepared by an independent certified public accountant for each proposed member of the association or evidence of the ability of the association or its proposed members to provide a solvency bond pursuant to subsection 3 of NRS 616B.353. (i) Proof that each member of the association will make the initial payment to the association required pursuant to NRS 616B.416 on a date specified by the Commissioner. The payment shall be deemed to be a part of the assessment required to be paid by each member for the first year of self-insurance if certification is issued to the association. 6. Except as otherwise provided in NRS 239.0115, any financial information relating to a member of an association received by the Commissioner pursuant to the provisions of this section is confidential and must not be disclosed. 7. For the purposes of this section, “associate member of a bona fide trade association” means a supplier whose business, as determined by the Commissioner: (a) Is limited to a specific industry; and (b) Primarily involves providing a product or service that is directly used or consumed by substantially all of the members of the trade association or bears a direct relationship to the business of the members of the association. (Added to NRS by 1993, 669; A 1995, 1978; 2007, 2128; 2009, 1828) NRS 616B.353 Indemnity agreement; policy of excess insurance; assessment; bond or similar security; minimum combined tangible net worth; combined net cash flows; bond required of association’s administrator or third-party administrator; Account for Associations of Self-Insured Public and Private Employers. 1. An association of self-insured public or private employers shall: (a) Execute an indemnity agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due pursuant to chapters 616A to 617, inclusive, of NRS. The indemnity agreement must be in a form prescribed by the Commissioner. An association may add provisions to the indemnity agreement if they are first approved by the Commissioner. (b) Except as otherwise provided in this subsection, maintain a policy of specific and aggregate excess insurance in a form and amount required by the Commissioner. The excess insurance must be written by an insurer approved by the Commissioner. To determine the amount of excess insurance required, the Commissioner shall consider: (1) The number of members in the association; (2) If the association is an association of self-insured public employers, the types of governmental services provided by the members of the association; (3) If the association is an association of self-insured private employers, the classifications of employment of the members of the association; (4) The number of years the association has been in existence; and (5) Such other information as the Commissioner deems necessary. Ê Nothing in this paragraph prohibits an association from purchasing secondary excess insurance in addition to the excess insurance required by this paragraph. (c) Collect an annual assessment from each member of the association in an aggregate amount of at least $250,000 or in an aggregate amount which the Commissioner determines is satisfactory based on an annual review conducted by the Commissioner of the actuarial solvency of the association. (d) Except as otherwise provided in paragraph (e), deposit as security with the Commissioner a bond executed by the association as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to their employees. The bond must be in an amount determined by the Commissioner to be reasonably sufficient to ensure payment of such compensation, but in no event may it be less than $100,000. (e) In lieu of a bond, deposit with the Commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Commissioner. 2. Except as otherwise provided in subsection 3, in addition to complying with the requirements of subsection 1, an association of self-insured private employers shall: (a) At the time of initial qualification and until the association has operated successfully as a qualified association of self-insured private employers for 3 years, as determined by the Commissioner, have a combined tangible net worth of all members in the association of at least $2,500,000, as evidenced by a statement of tangible net worth provided to the Division of Insurance of the Department of Business and Industry by an independent certified public accountant; or (b) After 3 years of successful operation as a qualified association of self-insured private employers, as determined by the Commissioner, have combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less. 3. In lieu of complying with the requirements of subsection 2, the association’s administrator shall ensure that a solvency bond, in a form prescribed by the Commissioner and in an aggregate amount of at least $2,500,000, is deposited with the Commissioner by the association or members of the association on behalf of the association. 4. The association’s administrator shall deposit with the Commissioner a bond executed by the association’s administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of his or her duties. The bond must be in an amount determined by the Commissioner. 5. Any third-party administrator providing claims services for the association shall deposit with the Commissioner a bond executed by the third-party administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of its duties. The bond must be in an amount determined by the Commissioner. 6. The Commissioner may increase or decrease the amount of any bond or money required to be deposited by this section in accordance with chapter 681B of NRS and the Commissioner’s regulations for loss reserves in casualty insurance. If the Commissioner requires an association, association’s administrator or third-party administrator to increase its deposit, the Commissioner may specify the form of the additional security. The association, association’s administrator or third-party administrator shall comply with such a requirement within 60 days after receiving notice from the Commissioner. 7. The Account for Associations of Self-Insured Public and Private Employers is hereby created in the State Agency Fund for Bonds. All money received by the Commissioner pursuant to this section must be deposited with the State Treasurer to the credit of the Account. All claims against this Account must be paid as other claims against the State are paid. (Added to NRS by 1993, 670; A 1995, 1979; 2007, 3335) NRS 616B.356 Certificate of authority required before surety or bonding company may furnish bond or other security for association. A surety or bonding company shall not furnish a bond or any other form of security required by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an association of self-insured public or private employers or a member of such an association unless the surety or bonding company holds a certificate of authority issued by the Commissioner. (Added to NRS by 1995, 1977) NRS 616B.359 Certificate of qualification as an association of self-insured employers: Time for consideration of application; issuance by Commissioner; contents; effective date; period certificate is in effect; cancellation by association. 1. The Commissioner shall grant or deny an application for certification as an association of self-insured public or private employers within 60 days after receiving the application. If the application is materially incomplete or does not comply with the applicable provisions of the law, the Commissioner shall notify the applicant of the additional information or changes required. Under such circumstances, if the Commissioner is unable to act upon the application within this 60-day period, the Commissioner may extend the period for granting or denying the application, but for not longer than an additional 90 days. 2. Upon determining that an association is qualified as an association of self-insured public or private employers, the Commissioner shall issue a certificate to that effect to the association and the association’s administrator. No certificate may be issued to an association that, within the 2 years immediately preceding its application, has had its certification as an association of self-insured public or private employers involuntarily withdrawn by the Commissioner. 3. A certificate issued pursuant to this section must include, without limitation: (a) The name of the association; (b) The name of each employer who the Commissioner determines is a member of the association at the time of the issuance of the certificate; (c) An identification number assigned to the association by the Commissioner; and (d) The date on which the certificate was issued. 4. A certificate issued pursuant to this section remains in effect until the certificate is withdrawn by the Commissioner, the certificate is cancelled at the request of the association or an association does not pay, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110. Coverage for an association granted a certificate becomes effective on the date of certification or the date specified in the certificate. 5. The Commissioner shall not grant a request to cancel a certificate unless the association has insured or reinsured all incurred obligations with an insurer authorized to do business in this State pursuant to an agreement filed with and approved by the Commissioner. The agreement must include coverage for actual claims and claims incurred but not reported, and the expenses associated with those claims. (Added to NRS by 1993, 671; A 1995, 1641, 1981; 1997, 3218; 2003, 3340; 2009, 1829) NRS 616B.362 Effect of certification; responsibility of association to provide compensation and administer claims. 1. An association certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under chapters 616A to 617, inclusive, of NRS. 2. An association is not required to pay the premiums required of other employers pursuant to chapters 616A to 617, inclusive, of NRS but is relieved from other liability for personal injury to the same extent as are other employers. 3. The claims of employees and their beneficiaries resulting from injuries while in the employment of a member of an association must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the association is subject to the regulations of the Division with respect thereto. 4. The security deposited pursuant to NRS 616B.353 does not relieve an association from responsibility for the administration of claims and payment of compensation under chapters 616A to 617, inclusive, of NRS. (Added to NRS by 1993, 672; A 1995, 649; 1999, 216) NRS 616B.365 Board of trustees: Members; duties; prohibited acts. 1. An association of self-insured public or private employers must be operated by a board of trustees consisting of at least five members whom the members of the association elect for terms set forth in the bylaws of the association. If the association is an association of self-insured: (a) Public employers, the members of the board of trustees must be officers or employees of the public employers who are members of the association. (b) Private employers, at least two-thirds of the members of the board of trustees must be employees, officers or directors of the members of the association. No association’s administrator or third-party administrator employed by the association, or any owner, officer, employee or other person affiliated with the association’s administrator or third-party administrator, may serve as a member of the board of trustees. Each member of the board of trustees must be a resident of this State or an officer of a corporation authorized to do business in this State. 2. The board of trustees of an association shall: (a) Ensure the prompt payment of any compensation due pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. (b) Take such actions as are necessary to protect the assets of the association. (c) Employ full-time an association’s administrator to carry out the policies of the board of trustees and perform such duties as the board delegates to him or her. An association’s administrator shall not perform any of the duties assigned to a third-party administrator. (d) Employ a third-party administrator to carry out the duties set forth in NRS 616B.503. (e) Employ an independent certified public accountant to prepare the statement of financial condition required by NRS 616B.404. (f) Maintain minutes of its meetings and make the minutes available for inspection by the Commissioner. 3. The board of trustees of an association shall not: (a) Extend credit to any member of the association for the payment of that member’s annual assessment, except pursuant to a payment plan approved by the Commissioner. (b) Borrow any money from the association or in the name of the association, except in the ordinary course of its business, without the prior approval of the Commissioner. (Added to NRS by 1993, 672; A 1995, 1981)—(Substituted in revision for NRS 616.37925) NRS 616B.368 Board of trustees: Fiscal responsibilities; establishment of accounts; review of accounts by Commissioner. 1. The board of trustees of an association of self-insured public or private employers is responsible for the money collected and disbursed by the association. 2. The board of trustees shall: (a) Establish a claims account in a financial institution in this State which is approved by the Commissioner and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. Except as otherwise provided in subsection 3, at least 75 percent of the annual assessment collected by the association from its members must be deposited in this account to pay: (1) Claims; (2) Expenses related to those claims; (3) The costs associated with the association’s policy of excess insurance; and (4) Assessments, payments and penalties related to the Subsequent Injury Account and the Uninsured Employers’ Claim Account. (b) Establish an administrative account in a financial institution in this State which is approved by the Commissioner and which is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The amount of the annual assessment collected by the association that is not deposited in its claims account must be deposited in this account to pay the administrative expenses of the association. 3. The Commissioner may authorize an association to deposit less than 75 percent of its annual assessment in its claims account if the association presents evidence to the satisfaction of the Commissioner that: (a) More than 25 percent of the association’s annual assessment is needed to maintain its programs for loss control and occupational safety; and (b) The association’s policy of excess insurance attaches at less than 75 percent. 4. The board of trustees may invest the money of the association not needed to pay the obligations of the association pursuant to chapter 682A of NRS. 5. The Commissioner shall review the accounts of an association established pursuant to this section at such times as the Commissioner deems necessary to ensure compliance with the provisions of this section. (Added to NRS by 1993, 673; A 1999, 1527; 2001, 2756) NRS 616B.371 Association’s administrator prohibited from financial interest in third-party administrator; third-party administrator prohibited from financial interest in association’s administrator; contractual requirement. 1. An association’s administrator employed by an association of self-insured public or private employers, or an employee, officer or director of an association’s administrator, may not be an employee, officer or director of a third-party administrator employed by the association or have a direct or indirect financial interest in the third-party administrator of the association. 2. The third-party administrator of an association of self-insured public or private employers, or an employee, officer or director of the third-party administrator, may not be an employee, officer or director of an association’s administrator employed by the association or have a direct or indirect financial interest in that association’s administrator. 3. Any contract entered into by an association of self-insured public or private employers and a third-party administrator must include a provision which states that, unless the Commissioner otherwise provides, the third-party administrator shall administer any claim or other obligation of the association to its conclusion during the period of the contract. (Added to NRS by 1993, 673; A 1995, 1982)—(Substituted in revision for NRS 616.3793) NRS 616B.374 Solicitor’s permit: Advertising or offering for sale membership in proposed association of self-insured public or private employers without permit prohibited; application for permit; fee; penalty; exceptions. 1. Except as otherwise provided in this section, a person shall not advertise or offer for sale in this State any policies or memberships or solicit or receive any money, subscriptions, applications, premiums, assessments, memberships or any other fee or charge in connection with a proposed association of self-insured public or private employers unless the person has obtained a solicitor’s permit from the Commissioner. 2. To obtain a solicitor’s permit, a person must file a written application with the Commissioner. The application must include: (a) The name, type and purposes of the association formed or proposed to be formed or financed; (b) On forms furnished by the Commissioner, for each person associated or to be associated as director, promoter, manager, member of the board or in another similar capacity in the association, or in the formation of the proposed association or in the proposed financing: (1) His or her name, residential address and qualifications; (2) His or her business, professional or employment experience for the preceding 10 years; and (3) A complete set of his or her fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; (c) A full disclosure of the terms of all pertinent understandings and agreements existing or proposed among any persons or entities so associated or to be associated, and a copy of each such agreement; (d) A copy of the articles of incorporation and bylaws of a solicitor, if incorporated; (e) The plan according to which solicitations are to be made and a reasonably detailed estimate of all administrative and sales expenses to be incurred; (f) A copy of any certificate proposed to be offered, and a copy of any proposed application therefor; (g) A copy of any prospectus, offering circular, advertising or sales literature or materials proposed to be used; (h) Proof of an escrow account and agreement for the deposit of all funds collected during the formation of the association; and (i) Such additional pertinent information as the Commissioner may reasonably require. 3. The application must be accompanied by a fee of $500 for the filing of the application and for the issuance of the permit, if granted. A solicitor must submit this fee each year thereafter if the solicitor continues to recruit new members for an association. 4. A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130. 5. The provisions of this section do not apply to: (a) A bona fide trade association that has been in existence for at least 5 years and solicits members of its trade association; or (b) A person who is employed by: (1) Current members of an association; or (2) Employers that are considering membership in an association, Ê whose primary duties do not include solicitation of potential members of the association. (Added to NRS by 1995, 1975; A 1997, 576, 1190; 1999, 431; 2003, 2859) NRS 616B.377 Solicitor’s permit: Commissioner to conduct investigation after filing of application for permit; required issuance of permit; Commissioner to give notice to applicant if application denied; fee nonrefundable. 1. After the filing of an application for a solicitor’s permit, the Commissioner shall promptly cause an investigation to be made of: (a) The identity, character, reputation, experience, financial standing and motives of the persons proposing to organize, promote or finance the association of self-insured public or private employers; (b) The character, financial responsibility, management experience and business qualifications of the officers, directors and managers of the existing or proposed association; and (c) Any other aspects of the solicitor, association or proposed financing as the Commissioner deems advisable. 2. The Commissioner shall expeditiously examine an application for a solicitor’s permit and complete the investigation required pursuant to subsection 1. Except as otherwise provided in subsection 3, if the Commissioner finds after performing an examination and investigation that: (a) The application is complete and the applicable fee has been paid; (b) The documents filed with the application are proper in form; and (c) The proposed financing is reasonable and adequate in amount for the purposes intended and the applicant is otherwise entitled to the permit, Ê the Commissioner shall issue a permit and assign a permit number to the applicant. 3. If the Commissioner does not so find, or finds that: (a) The applicant is not competent, trustworthy, financially responsible or of good personal and business reputation; (b) Any of the persons associated or to be associated with the association are not of good reputation as to business affairs or financial responsibility; or (c) There is material variance, adverse to the applicant, as between the information furnished by the applicant in connection with the application and that determined by the Commissioner on investigation, Ê the Commissioner shall give notice to the applicant that a permit will not be granted, stating the particulars of the grounds for the denial. The Commissioner shall not refund the fee for the filing of the application. (Added to NRS by 1995, 1976) NRS 616B.380 Solicitor’s permit: Power of Commissioner to suspend or revoke permit; hearing required. 1. The Commissioner may suspend or revoke a solicitor’s permit if the Commissioner reasonably believes that: (a) A violation of this chapter or chapter 616A, 616C, 616D or 617 of NRS or title 57 of NRS or the terms of the permit or any proper order of the Commissioner has occurred; or (b) A material misrepresentation in the offering or sale of securities, policies or memberships pursuant to the permit has occurred. 2. If the Commissioner suspends or revokes a permit pursuant to subsection 1, the Commissioner shall expeditiously conduct a hearing, giving the holder of the permit a reasonable opportunity to appear and be heard. (Added to NRS by 1995, 1977) NRS 616B.383 Advertisements or written materials to join association of self-insured public or private employers; solicitor to provide to Commissioner upon request copy of document relating to solicitation. 1. Any advertising or written material that solicits employers to join an association of self-insured public or private employers must contain the permit number of the solicitor. 2. A solicitor shall provide to the Commissioner upon request a copy of any document relating to a solicitation which was prepared after the solicitor filed his or her application for a permit. (Added to NRS by 1995, 1977) NRS 616B.386 Membership in association: Application; eligibility; authority of association to determine eligibility; termination by member; cancellation by association; information to be provided to Commissioner; provision of compensation after membership has ceased. 1. If an employer wishes to become a member of an association of self-insured public or private employers, the employer must: (a) Submit an application for membership to the board of trustees or third-party administrator of the association; and (b) Enter into an indemnity agreement as required by NRS 616B.353. 2. The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees. 3. Each member who is a member of an association during the 12 months immediately following the formation of the association must: (a) Have a tangible net worth of at least $500,000; or (b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium of at least $15,000, calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765. 4. An employer who seeks to become a member of the association after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the Commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353. 5. An association of self-insured private employers may apply to the Commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The Commissioner shall approve the application if the association: (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the Commissioner; (b) Has, as determined by the Commissioner, either: (1) A combined tangible net worth of all members in the association of at least $5,000,000; or (2) Combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less; (c) Has at least 15 members; and (d) Has not been required to meet informally with the Commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the Commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application. 6. An association of self-insured private employers may apply to the Commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The Commissioner shall approve the application if the association: (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the Commissioner; (b) Has, as determined by the Commissioner, either: (1) A combined tangible net worth of all members in the association of at least $5,000,000; or (2) Combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less; and (c) Has at least 15 members. 7. The Commissioner may withdraw approval of an application submitted pursuant to subsection 5 or 6 if the Commissioner determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable. 8. A member of an association may terminate his or her membership at any time. To terminate his or her membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The notice of intent to withdraw must include a statement indicating that the member has: (a) Been certified as a self-insured employer pursuant to NRS 616B.312; (b) Become a member of another association of self-insured public or private employers; or (c) Become insured by a private carrier. 9. The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association. 10. The association shall: (a) Within 30 days after the addition of an employer to the membership of the association, notify the Commissioner of the addition and: (1) If the association has not received authority from the Commissioner pursuant to subsection 5 or 6, as applicable, provide to the Commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or (2) If the association has received authority from the Commissioner pursuant to subsection 5 or 6, as applicable, provide to the Commissioner evidence that is satisfactory to the Commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the Commissioner may reasonably require to determine whether the amount of security deposited with the Commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the Commissioner pursuant to subparagraph (1); (b) Notify the Commissioner and the Administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and (c) At the expense of the member whose membership is terminated or cancelled, maintain coverage for that member for 60 days after notice is given pursuant to paragraph (b), unless the association first receives notice from the Administrator that the member has: (1) Been certified as a self-insured employer pursuant to NRS 616B.312; (2) Become a member of another association of self-insured public or private employers; or (3) Become insured by a private carrier. 11. If a member of an association changes his or her name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under the member’s former name or form of organization. 12. An association is liable for the payment of any compensation required to be paid by a member of the association pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during the member’s period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of the compensation. (Added to NRS by 1993, 674; A 1995, 1983, 2023; 1997, 579; 1999, 811, 813, 1719, 1769; 2003, 3340; 2007, 3337) NRS 616B.388 Provision of member information upon request. If a member of an association of self-insured public or private employers requests, in writing, information required for the member’s certificate of insurance, the association shall, within 30 days after receiving the request, provide to the member information regarding claims paid and reserves for claims incurred that are maintained on behalf of the member. (Added to NRS by 2007, 3334) NRS 616B.392 Notification of Commissioner required if change in information submitted for certification. 1. An association of self-insured public or private employers shall notify the Commissioner of any change in the information submitted in its application for certification or in the manner of its compliance with NRS 616B.353 not later than 30 days after the change. 2. For the purposes of this section, the addition of an employer to the membership of an association of self-insured private employers is not a change in the information that the association submitted in its application for certification. (Added to NRS by 1993, 674; A 1999, 816) NRS 616B.395 Examination of books, records, accounts and assets of association by Commissioner; payment of related expenses. 1. The Commissioner may examine the books, records, accounts and assets of an association of self-insured public or private employers as the Commissioner deems necessary to carry out the provisions of NRS 616B.350 to 616B.446, inclusive. 2. The expense of any examination conducted pursuant to this section must be paid by the association. (Added to NRS by 1993, 675)—(Substituted in revision for NRS 616.3794) NRS 616B.398 Commissioner is agent of association for receipt of initial legal process. An association of self-insured public or private employers shall be deemed to have appointed the Commissioner as its agent to receive any initial legal process authorized by law to be served upon the association for as long as the association is obligated to pay any compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 1993, 675; A 2007, 2722) NRS 616B.401 Merger of associations. 1. An association of self-insured public employers may merge with another association of self-insured public employers if: (a) The resulting association assumes in full all obligations of the merging associations; and (b) The merger is approved by the Commissioner. 2. An association of self-insured private employers may merge with another association of self-insured private employers if: (a) The members of the merging associations are engaged in the same or similar trade; (b) The resulting association assumes in full all obligations of the merging associations; and (c) The merger is approved by the Commissioner. 3. The Commissioner shall conduct a hearing on the proposed merger if any member of the merging associations so requests. The Commissioner may on his or her own motion conduct such a hearing. (Added to NRS by 1993, 675; A 1995, 1984)—(Substituted in revision for NRS 616.37947) NRS 616B.404 Statement of financial condition: Filing dates; contents; form; additional reports. 1. An association of self-insured public or private employers shall file with the Commissioner an audited statement of financial condition prepared by an independent certified public accountant. The statement must be filed on or before May 1 of each year or within 120 days after the conclusion of the association’s fiscal year and must contain information for the previous fiscal year. 2. The statement required by subsection 1 must be in a form prescribed by the Commissioner and include, without limitation: (a) A statement of the reserves for: (1) Actual claims and expenses; (2) Claims incurred but not reported, and the expenses associated with those claims; (3) Assessments that are due, but not paid; and (4) Unpaid debts, which must be shown as liabilities. (b) An actuarial opinion regarding reserves that is prepared by a member of the American Academy of Actuaries or another specialist in loss reserves identified in the annual statement adopted by the National Association of Insurance Commissioners. The actuarial opinion must include a statement of: (1) Actual claims and the expenses associated with those claims; and (2) Claims incurred but not reported, and the expenses associated with those claims. 3. The Commissioner may adopt a uniform financial reporting system for associations of self-insured public and private employers to ensure the accurate and complete reporting of financial information. 4. The Commissioner may require the filing of such other reports as the Commissioner deems necessary to carry out the provisions of this section, including, without limitation: (a) Audits of the payrolls of the members of an association of self-insured public or private employers; (b) Reports of losses; and (c) Quarterly financial statements. (Added to NRS by 1993, 675; A 2003, 3343) NRS 616B.407 Calculation of annual assessment paid by each member of association. 1. Except as otherwise provided in subsection 2, the annual assessment required to be paid by each member of an association of self-insured public or private employers must be: (a) Calculated by a rate service organization that is licensed pursuant to chapter 686B of NRS; and (b) Based on the premium rate for the standard industrial classification of that member, adjusted by the member’s individual experience. Ê If approved by the Commissioner, payments of assessments may be reduced by an amount based on the association’s level of expenses and loss experience. 2. If approved by the Commissioner, an association may calculate the annual assessment required to be paid by each member of the association. An assessment calculated by the association must be based on at least 5 years of the member’s individual experience. (Added to NRS by 1993, 676; A 1999, 1722) NRS 616B.410 Annual audits; objection to assignment of standard industrial classification. 1. The Commissioner shall cause to be conducted at least annually an audit of each association of self-insured public or private employers in order to verify: (a) The standard industrial classification of each member of the association; (b) The individual experience of each member of the association; (c) The payroll of each member of the association; and (d) The assessment required to be paid by each member of the association. 2. The audit required by this section must be conducted by an auditor approved by the Commissioner. 3. A report of the audit must be filed with the Commissioner in a form required by the Commissioner. 4. The association or any member of the association may request a hearing before the Commissioner to object to any standard industrial classification assigned to a member of the association as a result of the audit. If the Commissioner determines that the assessment required to be paid by any member of the association is: (a) Insufficient because of the standard industrial classification assigned to the member, the Commissioner shall order the association to collect from that member any amount required to recover the deficiency. (b) Excessive because of the standard industrial classification assigned to the member, the Commissioner shall order the association to pay to the member the excess amount collected. 5. The expenses of any audit conducted pursuant to this section must be paid by the association. (Added to NRS by 1993, 676)—(Substituted in revision for NRS 616.37957) NRS 616B.413 Payment of dividends to members of association. 1. If the assets of an association of self-insured public or private employers exceed the amount necessary for the association to: (a) Pay its obligations and administrative expenses; (b) Carry reasonable reserves; and (c) Provide for contingencies, Ê the board of trustees of the association may, after obtaining the approval of the Commissioner, declare and distribute dividends to the members of the association. 2. Any dividend declared pursuant to subsection 1 must be distributed not less than 12 months after the end of the fund year. 3. A dividend may be paid only to those members who are members of the association for the entire fund year. The payment of a dividend must not be conditioned upon the member continuing his or her membership in the association after the fund year. 4. An association shall give to each prospective member of the association a written description of its plan for distributing dividends when the prospective member applies for membership in the association. (Added to NRS by 1993, 676; A 2003, 3343) NRS 616B.416 Plan for payment of annual assessments by members of association. 1. Each association of self-insured public or private employers shall adopt a plan for the payment of annual assessments by the members of the association which must be approved by the Commissioner. 2. The plan must include a requirement for: (a) An initial payment, in advance, of a portion of the annual assessment due from each member of the association. If the association is an association of self-insured public employers, the initial payment must be in an amount approved by the Commissioner. If the association is an association of self-insured private employers, the initial payment must be in an amount equal to at least 25 percent of the member’s annual assessment. (b) Payment of the balance of the annual assessment due in quarterly or monthly installments. (Added to NRS by 1993, 677)—(Substituted in revision for NRS 616.37965) NRS 616B.419 Required reserves. Each association of self-insured public or private employers shall maintain: 1. Actuarially appropriate loss reserves. Such reserves must include reserves for: (a) Actual claims and the expenses associated with those claims; and (b) Claims incurred but not reported, and the expenses associated with those claims. 2. Reserves for uncollected debts based on the experience of the association or other associations. (Added to NRS by 1993, 677; A 2003, 3344) NRS 616B.422 Insufficient assets to pay compensation due and maintain reserves. 1. If the assets of an association of self-insured public or private employers are insufficient to make certain the prompt payment of all compensation under chapters 616A to 617, inclusive, of NRS and to maintain the reserves required by NRS 616B.419, the association shall immediately notify the Commissioner of the deficiency and: (a) Transfer any surplus acquired from a previous fund year to the current fund year to make up the deficiency; (b) Transfer money from its administrative account to its claims account; (c) Collect an additional assessment from its members in an amount required to make up the deficiency; or (d) Take any other action to make up the deficiency which is approved by the Commissioner. 2. If the association wishes to transfer any surplus from one fund year to another, the association must first notify the Commissioner of the transfer. 3. The Commissioner shall order the association to make up any deficiency pursuant to subsection 1 if the association fails to do so within 30 days after notifying the Commissioner of the deficiency. The association shall be deemed insolvent if it fails to: (a) Collect an additional assessment from its members within 30 days after being ordered to do so by the Commissioner; or (b) Make up the deficiency in any other manner within 60 days after being ordered to do so by the Commissioner. (Added to NRS by 1993, 677; A 2003, 3344) NRS 616B.425 Order by Commissioner to cease and desist; penalty for violation of order. 1. The Commissioner may issue an order requiring an association of self-insured public or private employers or a member of the association to cease and desist from engaging in any act or practice found to be in violation of any provision of NRS 616B.350 to 616B.446, inclusive, or any regulation adopted pursuant thereto. 2. If the Commissioner determines that an association or a member of the association has violated an order to cease and desist, the Commissioner may impose an administrative fine of not more than $10,000 for each violation of the order, not to exceed an aggregate amount of $100,000, or withdraw the certificate of the association, or both. (Added to NRS by 1993, 678; A 2007, 3339) NRS 616B.428 Administrative fines for violations; authority of Commissioner to withdraw certification; effect of withdrawal. 1. The Commissioner may impose an administrative fine for each violation of any provision of NRS 616B.350 to 616B.446, inclusive, or any regulation adopted pursuant thereto. Except as otherwise provided in those sections, the amount of the fine may not exceed $1,000 for each violation or an aggregate amount of $10,000. 2. The Commissioner may withdraw the certificate of an association of self-insured public or private employers if: (a) The association’s certificate was obtained by fraud; (b) The application for certification contained a material misrepresentation; (c) The association is found to be insolvent; (d) The association fails to have five or more members; (e) The association fails to pay the costs of any examination or any penalty, fee or assessment required by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS; (f) The association fails to comply with any of the provisions of this chapter or chapter 616A, 616C, 616D or 617 of NRS, or any regulation adopted pursuant thereto; (g) The association fails to comply with any order of the Commissioner within the time prescribed by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or in the order of the Commissioner; or (h) The association or its third-party administrator misappropriates, converts, illegally withholds or refuses to pay any money to which a person is entitled and that was entrusted to the association in its fiduciary capacity. 3. If the Commissioner withdraws the certification of an association of self-insured public or private employers, each employer who is a member of the association remains liable for his or her obligations incurred before and after the order of withdrawal. 4. Any employer who is a member of an association whose certification is withdrawn shall, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650. (Added to NRS by 1993, 678; A 1999, 217; 2007, 3339) NRS 616B.431 Withdrawal of certificate of association: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal. 1. Except as otherwise provided in NRS 616D.120, before any action may be taken pursuant to subsection 2, the Commissioner shall arrange an informal meeting with an association of self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association. 2. Except as otherwise provided in subsection 3 and NRS 616D.120, before the withdrawal of the certificate of any association of self-insured public or private employers, the Commissioner shall give written notice to the association by certified mail that its certificate will be withdrawn 10 days after receipt of the notice unless, within that time, the association corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the Commissioner. 3. The Commissioner may grant additional time, not to exceed an additional 120 days, before the withdrawal of the certificate of an association if: (a) The grounds for withdrawal of the certificate of the association are based on paragraph (d) of subsection 2 of NRS 616B.428; and (b) The association is financially sound and capable of fulfilling its commitments. 4. If the association requests a hearing: (a) The Commissioner shall set a date for a hearing within 20 days after receiving the request and give the association at least 10 business days’ notice of the time and place of the hearing. (b) A record of the hearing must be kept, but it need not be transcribed unless requested by the association with the cost of transcription to be charged to the association. (c) Within 5 business days after the hearing, the Commissioner shall either affirm or disaffirm the withdrawal and give the association written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the association receives notice of the affirmance unless within that period the association corrects the conduct which was grounds for the withdrawal or petitions for judicial review of the affirmance. 5. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance. (Added to NRS by 1993, 679; A 1995, 1642, 1984; 1997, 576) NRS 616B.434 Retention by Commissioner of security deposit in event of termination of association. 1. If for any reason the status of an association of self-insured public or private employers as an association of self-insured employers is terminated, the security deposited under NRS 616B.353 must remain on deposit for at least 36 months in such an amount as is necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by the security, or to assure the payment of claims for aggravation, payment of claims under NRS 616C.390 and payment of claims under NRS 616C.392 based on such accidental injuries or occupational diseases. 2. At the expiration of the 36-month period, or such other period as the Commissioner deems proper, the Commissioner may accept, in lieu of any security so deposited, a policy of paid-up insurance in a form approved by the Commissioner. (Added to NRS by 1993, 679; A 2005, 1490) NRS 616B.437 Judicial review of Commissioner’s decision. Any association of self-insured public or private employers that is aggrieved by a decision of the Commissioner may petition for judicial review in the manner provided by chapter 233B of NRS. (Added to NRS by 1993, 679)—(Substituted in revision for NRS 616.37987) NRS 616B.440 Insolvency; termination of liability on surety bond; effect of termination of surety bond. 1. For the purposes of NRS 616B.350 to 616B.446, inclusive, an association of self-insured public or private employers is insolvent if it is unable to pay its outstanding obligations as they mature in the regular course of its business. 2. If an association of self-insured public or private employers becomes insolvent, institutes any voluntary proceeding pursuant to the Bankruptcy Act or is named in any voluntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for the payment of any claim becomes final, the Commissioner may, after giving at least 10 days’ notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the Commissioner to the extent necessary to make those payments. 3. A licensed surety providing a surety bond pursuant to NRS 616B.353 may terminate liability on its surety bond by giving the Commissioner and the association, association’s administrator or third-party administrator 90 days’ written notice. The termination does not limit liability that was incurred under the surety bond before the termination. If the association fails to requalify as an association of self-insured public or private employers on or before the termination date, the association’s certificate is withdrawn when the termination becomes effective. (Added to NRS by 1993, 679; A 1995, 1985)—(Substituted in revision for NRS 616.3799) NRS 616B.443 Assessment of all associations to provide for claims against insolvent association; Account for Insolvent Associations of Self-Insured Public or Private Employers. 1. The Commissioner may assess all associations of self-insured public or private employers to provide for claims against any insolvent association. 2. All money received from such assessments must be deposited with the State Treasurer to the credit of the Account for Insolvent Associations of Self-Insured Public or Private Employers, which is hereby created in the Fund for Workers’ Compensation and Safety. Money in the Account must be used solely to carry out the provisions of this section. All claims against the Account must be paid as other claims against the State are paid. The State Treasurer shall invest money in the Account in the same manner and in the same securities in which the State Treasurer may invest money in the State General Fund. Income realized from the investment of the money in the Account must be credited to the Account. (Added to NRS by 1993, 680)—(Substituted in revision for NRS 616.37995) NRS 616B.446 Regulations. The Commissioner may adopt such regulations as are necessary to carry out the provisions of NRS 616B.350 to 616B.446, inclusive. (Added to NRS by 1993, 680; A 2007, 3340) PRIVATE CARRIERS NRS 616B.460 Election by employer to purchase industrial insurance from private carrier; cancellation of policy by employer to purchase insurance from another insurer. 1. An employer may elect to purchase industrial insurance from a private carrier for his or her employees pursuant to chapters 616A to 617, inclusive, of NRS. 2. An employer who cancels a policy of industrial insurance to elect to purchase insurance from an insurer other than the employer’s present insurer shall comply with the reporting requirements of NRS 616B.461. (Added to NRS by 1995, 2000; A 1999, 1771, 2414; 2001, 115, 803) NRS 616B.461 Notification of Administrator regarding issuance, renewal, cancellation or reinstatement of policy; investigation of information reported by private carrier. 1. An employer who cancels a policy of industrial insurance issued to the employer by a private carrier shall notify the Administrator in writing within 20 days after the cancellation, specifying the date on which the cancellation became effective, unless the employer’s subsequent insurer is a private carrier who has already notified the Administrator pursuant to subsection 2 that it has issued a new policy to that employer. The notice must be served personally or sent by first-class mail or electronic transmission to the Administrator. If the employer has secured insurance with another insurer that could cause double coverage, the date on which cancellation of the previous policy became effective must be the effective date of the new insurance. 2. A private carrier shall notify the Administrator in writing within 15 days after the private carrier: (a) Issues a policy of industrial insurance. (b) Renews a policy of industrial insurance. (c) Reinstates a policy of industrial insurance that had been temporarily cancelled. (d) Cancels or does not renew a policy of industrial insurance. 3. If the Administrator believes that a private carrier has inaccurately reported the information required pursuant to subsection 2 and notifies the private carrier of the alleged inaccuracy, the private carrier shall within 30 calendar days after receiving the notification: (a) Investigate the alleged inaccuracy; and (b) Submit to the Administrator accurate information or information proving that the previously submitted information was accurate. 4. During the period of investigation by the private carrier, the Administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier. If the private carrier is able to prove that the information originally submitted to the Administrator or, if applicable, the designated agent of the Administrator, was accurate, the Administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier. As used in this subsection, “designated agent” means an agent who is authorized by the Administrator to receive, compile and forward to the Administrator the information required pursuant to subsection 2. (Added to NRS by 2001, 801) NRS 616B.463 Authorization and security required before industrial insurance may be provided by private carrier; private carrier subject to Nevada Insurance Code. 1. Before a private carrier may provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS, the private carrier must be authorized by the Commissioner pursuant to chapter 680A of NRS and maintain such security of the kind described in NRS 680A.120 and 680A.140 as may be required. 2. A private carrier shall not provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS as an unauthorized insurer pursuant to subsection 9 of NRS 680A.070. 3. A private carrier that is authorized by the Commissioner to provide industrial insurance pursuant to subsection 1: (a) Constitutes an authorized insurer, as that term is defined in NRS 679A.030; and (b) Is subject to the provisions of title 57 of NRS that govern authorized insurers. (Added to NRS by 1995, 2001; A 1997, 286; 1999, 400, 1722) NRS 616B.466 Responsibility of private carrier after withdrawal of authorization to provide industrial insurance. If a private carrier withdraws from providing industrial insurance in this State or its authorization to do so is withdrawn, it remains responsible for all compensation for injuries sustained during the period of coverage stated in its policies. (Added to NRS by 1995, 2002) NRS 616B.472 Suspension of authorization of private carrier to provide industrial insurance: Grounds; hearing. 1. The Commissioner shall suspend the authorization of a private carrier to provide industrial insurance for 1 year if, after a hearing thereon, the Commissioner finds that the private carrier has intentionally or repeatedly failed to comply with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or the regulations of the Division or the Commissioner. 2. A hearing to determine whether the authorization of a private carrier to provide industrial insurance will be suspended pursuant to subsection 1 must be conducted by the Commissioner pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive, the regulations adopted pursuant thereto and the provisions of chapter 233B of NRS concerning adjudication of contested cases. A record of the hearing must be kept but it need not be transcribed unless requested by the private carrier. The cost of transcription must be charged to the private carrier. (Added to NRS by 1995, 2003; A 1997, 1432; 1999, 444, 1722) NRS 616B.475 Requirements for handling claims; employer and private carrier subject to regulations of Division. The claims of employees and their dependents resulting from injuries while in the employment of employers insured by a private carrier must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the employer and the private carrier are subject to the regulations of the Division with respect thereto. (Added to NRS by 1995, 2001) THIRD-PARTY ADMINISTRATORS NRS 616B.500 Administration of plan of insurance authorized; conditions. 1. An insurer may enter into a contract to have his or her plan of insurance administered by a third-party administrator. 2. An insurer shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person maintains an office in this State and has a certificate issued by the Commissioner pursuant to NRS 683A.08524. (Added to NRS by 1991, 2393; A 1993, 710; 1999, 1771, 2821, 2822) NRS 616B.503 Certification by Commissioner required; duties of third-party administrator. 1. A person shall not act as a third-party administrator for an insurer without a certificate issued by the Commissioner pursuant to NRS 683A.08524. 2. A person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS shall: (a) Administer from one or more offices located in this State all of the claims arising under each plan of insurance that the person administers and maintain in those offices all of the records concerning those claims; (b) Administer each plan of insurance directly, without subcontracting with another third-party administrator; and (c) Upon the termination of the person’s contract with an insurer, transfer forthwith to a certified third-party administrator chosen by the insurer all of the records in the person’s possession concerning claims arising under the plan of insurance. 3. The Commissioner may, under exceptional circumstances, waive the requirements of subsection 2. (Added to NRS by 1991, 2392; A 1993, 711; 1999, 217, 2821) NRS 616B.506 Imposition of administrative fine for violations; withdrawal of certification. The Commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and may withdraw the certification of any third-party administrator who: 1. Fails to comply with regulations of the Commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or 2. Violates any provision of NRS 616B.503 or any regulation adopted by the Commissioner or the Administrator concerning the administration of the plan of insurance. (Added to NRS by 1991, 2393; A 1993, 711; 1999, 218) NRS 616B.509 Regulations. The Commissioner may adopt any regulations that are necessary to carry out the provisions of NRS 616B.500, 616B.503 and 616B.506. (Added to NRS by 1991, 2393)—(Substituted in revision for NRS 616.304) ORGANIZATIONS FOR MANAGED CARE NRS 616B.527 Authority of self-insured employers, associations of self-insured employers and private carriers; compliance with certain provisions. 1. A self-insured employer, an association of self-insured public or private employers or a private carrier may: (a) Except as otherwise provided in NRS 616B.5273, enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS. (b) Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS. (c) Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted pursuant to paragraphs (a) and (b), or as the self-insured employer, association or private carrier otherwise prescribes. (d) Except as otherwise provided in subsection 3 of NRS 616C.090, require employees to obtain the approval of the self-insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier. 2. An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of NRS 616B.528, 616B.5285 and 616B.529. (Added to NRS by 1993, 690; A 1993, 798; 1995, 2019; 1999, 1771, 2213; 2001, 115, 1891; 2003, 1670) NRS 616B.5273 Adequacy of medical and health care services, choice of providers of health care and cost controls; regulations. 1. A self-insured employer, an association of self-insured public or private employers or a private carrier shall not enter into a contract with an organization for managed care unless the organization’s proposed plan for providing medical and health care services: (a) Will provide all medical and health care services that may be required for industrial injuries and occupational diseases that are compensable under chapters 616A to 617, inclusive, of NRS in a manner that ensures the availability and accessibility of adequate treatment to injured employees; (b) Provides to injured employees an adequate choice of providers of health care who have contracted with the organization to participate in the proposed plan; and (c) Provides appropriate financial incentives to reduce costs of medical and health care services without affecting the quality of any care provided to an injured employee. 2. The Division may adopt regulations to ensure the adequacy of an insurer’s panel of providers of health care established pursuant to subsection 1. (Added to NRS by 2003, 1669) NRS 616B.528 Restriction of or interference with communication between provider of health care and injured employee prohibited. An organization for managed care shall not restrict or interfere with any communication between a provider of health care and an injured employee regarding any information that the provider of health care determines is relevant to the health care of the injured employee. (Added to NRS by 1999, 2212) NRS 616B.5285 Contracts with providers of health care; prohibited acts. An organization for managed care shall not terminate a contract with, demote, refuse to contract with or refuse to compensate a provider of health care solely because the provider, in good faith: 1. Advocates in private or in public on behalf of an injured employee; 2. Assists an injured employee in seeking reconsideration of a determination by the organization for managed care to deny coverage for a medical or health care service; or 3. Reports a violation of law to an appropriate authority. (Added to NRS by 1999, 2212) NRS 616B.529 Inducements to deny, reduce or delay medically necessary services prohibited. 1. An organization for managed care shall not offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay specific medically necessary medical or health care services to an injured employee. 2. The provisions of this section do not prohibit an arrangement for payment between an organization for managed care and a provider of health care that uses financial incentives, if the arrangement is designed to provide an incentive to the provider of health care to use medical and health care services effectively and consistently in the best interest of the treatment of the injured employee. (Added to NRS by 1999, 2213) SUBSEQUENT INJURY ACCOUNTS Self-Insured Employers NRS 616B.545 “Board” defined. As used in NRS 616B.545 to 616B.560, inclusive, unless the context otherwise requires, “Board” means the Board for the Administration of the Subsequent Injury Account for Self-Insured Employers created pursuant to NRS 616B.548. (Added to NRS by 1995, 2124; A 2001, 2757) NRS 616B.548 Board for Administration of Subsequent Injury Account for Self-Insured Employers: Creation; membership; officers; vacancies; members serve without compensation; legal counsel. 1. There is hereby created the Board for the Administration of the Subsequent Injury Account for Self-Insured Employers, consisting of five members who are self-insured employers. The members must be appointed by the Governor. 2. The members of the Board shall elect a Chair and Vice Chair from among the members appointed. After the initial election of a Chair and Vice Chair, each of those officers shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of the Chair or Vice Chair, the members of the Board shall elect a replacement for the remainder of the unexpired term. 3. Vacancies on the Board must be filled in the same manner as original appointments. 4. The members of the Board serve without compensation. 5. A legal counsel that has been appointed by or has contracted with the Division pursuant to NRS 232.660 shall serve as legal counsel of the board. (Added to NRS by 1995, 2124; A 2001, 2757) NRS 616B.551 Board for Administration of Subsequent Injury Account for Self-Insured Employers: Meetings; regulations; quorum; administration of Account. 1. The members of the Board may meet throughout each year at the times and places specified by a call of the Chair or a majority of the Board. The Board may prescribe rules and regulations for its own management and government. Three members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. If a member of the Board submits a claim against the Subsequent Injury Account for Self-Insured Employers, that member shall not vote on or otherwise participate in the decision of the Board concerning that claim. 2. The Board shall administer the Subsequent Injury Account for Self-Insured Employers in accordance with the provisions of NRS 616B.554, 616B.557 and 616B.560. (Added to NRS by 1995, 2125; A 2001, 2758) NRS 616B.554 Creation and administration of Subsequent Injury Account for Self-Insured Employers; assessment rates, payments and penalties. 1. There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Self-Insured Employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The Board shall administer the Account based upon recommendations made by the Administrator pursuant to subsection 8. 2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Board for the Subsequent Injury Account for Self-Insured Employers must be delivered to the custody of the State Treasurer. 3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of self-insured employers. 4. The State Treasurer may disburse money from the Account only upon written order of the Board. 5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest State General Funds which are in the custody of the State Treasurer. Income realized from the investment of the assets of the Account must be credited to the Fund. 6. The Board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the self-insured employers and must be based upon expected annual expenditures for claims for payments from the Subsequent Injury Account for Self-Insured Employers. 7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310. 8. The Administrator shall: (a) Evaluate any claim submitted to the Board for payment or reimbursement from the Subsequent Injury Account for Self-Insured Employers and recommend to the Board any appropriate action to be taken concerning the claim; and (b) Submit to the Board any other recommendations relating to the Account. (Added to NRS by 1981, 1454; A 1987, 452; 1991, 207; 1993, 725, 1867; 1995, 531, 539, 2143, 2169, 2170; 1997, 127, 593; 1999, 1772; 2001, 2449, 2758) NRS 616B.557 Payment of cost of additional compensation resulting from subsequent injury of employee of self-insured employer. Except as otherwise provided in NRS 616B.560: 1. If an employee of a self-insured employer has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Self-Insured Employers in accordance with regulations adopted by the Board. 2. If the subsequent injury of such an employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Self-Insured Employers in accordance with regulations adopted by the Board. 3. As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole person if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110. 4. To qualify under this section for reimbursement from the Subsequent Injury Account for Self-Insured Employers, the self-insured employer must establish by written records that the self-insured employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the self-insured employer acquired such knowledge. 5. A self-insured employer must submit to the Board a claim for reimbursement from the Subsequent Injury Account for Self-Insured Employers. 6. The Board shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Self-Insured Employers. The Board shall notify the self-insured employer of its decision on such a claim within 120 days after the claim is received. 7. An appeal of any decision made concerning a claim against the Subsequent Injury Account for Self-Insured Employers must be submitted directly to the district court. (Added to NRS by 1973, 693; A 1979, 1050; 1981, 1477; 1985, 373; 1987, 453, 944; 1991, 362, 492, 502, 2414; 1993, 572, 620, 726, 727, 1868; 1995, 531, 541, 2144, 2169, 2170; 1997, 593; 2001, 2759; 2007, 392) NRS 616B.560 Reimbursement of self-insured employer for cost of additional compensation resulting from subsequent injury. 1. A self-insured employer who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Self-Insured Employers if: (a) The employee knowingly made a false representation as to his or her physical condition at the time the employee was hired by the self-insured employer; (b) The self-insured employer relied upon the false representation and this reliance formed a substantial basis of the employment; and (c) A causal connection existed between the false representation and the subsequent disability. Ê If the subsequent injury of the employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Self-Insured Employers. 2. A self-insured employer shall notify the Board of any possible claim against the Subsequent Injury Account for Self-Insured Employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the self-insured employer learns of the employee’s false representation, whichever is later. (Added to NRS by 1987, 452; A 1993, 572, 728; 1995, 2145; 1997, 593; 2001, 2759) Associations of Self-Insured Public or Private Employers NRS 616B.563 “Board” defined. As used in NRS 616B.563 to 616B.581, inclusive, unless the context otherwise requires, “Board” means the Board for the Administration of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers created pursuant to NRS 616B.569. (Added to NRS by 1995, 2125; A 2001, 2760) NRS 616B.569 Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers: Creation; membership; officers; vacancies; members serve without compensation; legal counsel. 1. There is hereby created the Board for the Administration of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, consisting of five members who are members of an association of self-insured public or private employers. The members of the Board must be appointed by the Governor. 2. The members of the Board shall elect a Chair and Vice Chair from among the members appointed. After the initial election of a Chair and Vice Chair, each of those officers shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of the Chair or Vice Chair, the members of the Board shall elect a replacement for the remainder of the unexpired term. 3. Vacancies on the Board must be filled in the same manner as original appointments. 4. The members of the Board serve without compensation. 5. A legal counsel that has been appointed by or has contracted with the Division pursuant to NRS 232.660 shall serve as legal counsel of the Board. (Added to NRS by 1995, 2125; A 2001, 2760) NRS 616B.572 Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers: Meetings; regulations; quorum; administration of Account. 1. The members of the Board may meet throughout each year at the times and places specified by a call of the Chair or a majority of the Board. The Board may prescribe rules and regulations for its own management and government. Three members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. If a member of the Board submits a claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, that member shall not vote on or otherwise participate in the decision of the Board concerning that claim. 2. The Board shall administer the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with the provisions of NRS 616B.575, 616B.578 and 616B.581. (Added to NRS by 1995, 2125; A 1997, 593; 2001, 2760) NRS 616B.575 Creation and administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers; assessment rates, payments and penalties. 1. There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The Board shall administer the Account based upon recommendations made by the Administrator pursuant to subsection 8. 2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Board for the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be delivered to the custody of the State Treasurer. 3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of Associations of Self-Insured Public or Private Employers. 4. The State Treasurer may disburse money from the Account only upon written order of the Board. 5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest State General Funds which are in the custody of the State Treasurer. Income realized from the investment of the assets of the Account must be credited to the Account. 6. The Board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the associations of self-insured public or private employers and must be based upon expected annual expenditures for claims for payments from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. 7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310. 8. The Administrator shall: (a) Evaluate any claim submitted to the Board for payment or reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers and recommend to the Board any appropriate action to be taken concerning the claim; and (b) Submit to the Board any other recommendations relating to the Account. (Added to NRS by 1995, 2126; A 1997, 128; 1999, 1773; 2001, 2450, 2761) NRS 616B.578 Payment of cost of additional compensation resulting from subsequent injury of employee of member of association of self-insured public or private employers. Except as otherwise provided in NRS 616B.581: 1. If an employee of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board. 2. If the subsequent injury of such an employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board. 3. As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole person if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110. 4. To qualify under this section for reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, the association of self-insured public or private employers must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge. 5. An association of self-insured public or private employers must submit to the Board a claim for reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. 6. The Board shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. The Board shall notify the Association of Self-Insured Public or Private Employers of its decision on such a claim within 120 days after the claim is received. 7. An appeal of any decision made concerning a claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be submitted directly to the district court. (Added to NRS by 1995, 2126; A 2001, 2761; 2007, 393) NRS 616B.581 Reimbursement of Association of Self-Insured Public or Private Employers for cost of additional compensation resulting from subsequent injury. 1. An association of self-insured public or private employers that pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers if: (a) The employee knowingly made a false representation as to his or her physical condition at the time the employee was hired by the member of the Association of Self-Insured Public or Private Employers; (b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and (c) A causal connection existed between the false representation and the subsequent disability. Ê If the subsequent injury of the employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. 2. An association of self-insured public or private employers shall notify the Board of any possible claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later. (Added to NRS by 1995, 2127; A 2001, 2762) Private Carriers NRS 616B.584 Creation and administration of Subsequent Injury Account for Private Carriers; assessment rates, payments and penalties. 1. There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Private Carriers, which may be used only to make payments in accordance with the provisions of NRS 616B.587 and 616B.590. The Administrator shall administer the Account. 2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Administrator for the Subsequent Injury Account for Private Carriers must be delivered to the custody of the State Treasurer. 3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers. 4. The State Treasurer may disburse money from the Account only upon written order of the State Controller. 5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest State General Funds which are in the custody of the State Treasurer. Income realized from the investment of the assets of the Account must be credited to the Account. 6. The Administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers, must result in an equitable distribution of costs among the private carriers and must be based upon expected annual premiums to be received. 7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310. (Added to NRS by 1995, 2124; A 1997, 593, 596; 1999, 399, 1773; 2001, 2451, 2763) NRS 616B.587 Payment of cost of additional compensation resulting from subsequent injury of employee of employer insured by private carrier. Except as otherwise provided in NRS 616B.590: 1. If an employee of an employer who is insured by a private carrier has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Private Carriers in accordance with regulations adopted by the Administrator. 2. If the subsequent injury of such an employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Private Carriers in accordance with regulations adopted by the Administrator. 3. As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole person if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110. 4. To qualify under this section for reimbursement from the Subsequent Injury Account for Private Carriers, the private carrier must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge. 5. A private carrier must submit to the Administrator a claim for reimbursement from the Subsequent Injury Account for Private Carriers. 6. The Administrator shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Private Carriers. The Administrator shall notify the private carrier of his or her decision on such a claim within 120 days after the claim is received. 7. An appeal of any decision made concerning a claim against the Subsequent Injury Account for Private Carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to the appeals officer. (Added to NRS by 1995, 2124; A 1997, 593, 596; 2001, 2763; 2007, 394) NRS 616B.590 Reimbursement of private carrier for cost of additional compensation resulting from subsequent injury. 1. A private carrier who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Private Carriers if: (a) The employee knowingly made a false representation as to his or her physical condition at the time the employee was hired by the employer insured by a private carrier; (b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and (c) A causal connection existed between the false representation and the subsequent disability. Ê If the subsequent injury of the employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Private Carriers. 2. A private carrier shall notify the Administrator of any possible claim against the Subsequent Injury Account for Private Carriers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later. (Added to NRS by 1995, 2124; A 1997, 593, 596; 2001, 2764) LIABILITY FOR PROVISION OF COVERAGE Applicability NRS 616B.600 Exemption of employer and employee temporarily within State; exception; effect of employee working in another state where coverage required. 1. Except as limited in subsection 3, any employee who has been hired outside of this State and his or her employer are exempted from the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS while the employee is temporarily within this State doing work for the employer if the employer has furnished industrial insurance pursuant to the Nevada Industrial Insurance Act or similar laws of a state other than Nevada so as to cover the employee’s employment while in this State if: (a) The extraterritorial provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS are recognized in the other state; and (b) Employers and employees who are covered in this State are likewise exempted from the application of the Nevada Industrial Insurance Act or similar laws of the other state. Ê The benefits provided in the Nevada Industrial Insurance Act or similar laws of the other state are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this State. 2. A certificate from the Administrator or similar officer of another state certifying that the employer of the other state is insured therein and has provided extraterritorial coverage insuring employees of the employer while working within this State is prima facie evidence that the employer carried the industrial insurance. 3. The exemption provided for in this section does not apply to the employees of a contractor, as defined in NRS 624.020, operating within the scope of the license of the contractor. 4. An employer is not required to maintain coverage for industrial insurance in this State for an employee who has been hired or is regularly employed in this State, but who is performing work exclusively in another state, if the other state requires the employer to provide coverage for the employee in the other state. If the employee receives personal injury by accident arising out of and in the course of his or her employment, any claim for compensation must be filed in the state in which the accident occurred, and such compensation is the exclusive remedy of the employee or the dependents of the employee. This subsection does not prevent an employer from maintaining coverage for the employee pursuant to the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS. [Part 74:168:1947; A 1955, 187]—(NRS A 1981, 1464; 1989, 578, 682; 1993, 325; 1995, 2015; 1999, 218) NRS 616B.603 Independent enterprises. 1. A person is not an employer for the purposes of chapters 616A to 616D, inclusive, of NRS if: (a) The person enters into a contract with another person or business which is an independent enterprise; and (b) The person is not in the same trade, business, profession or occupation as the independent enterprise. 2. As used in this section, “independent enterprise” means a person who holds himself or herself out as being engaged in a separate business and: (a) Holds a business or occupational license in his or her own name; or (b) Owns, rents or leases property used in furtherance of the business. 3. The provisions of this section do not apply to: (a) A principal contractor who is licensed pursuant to chapter 624 of NRS. (b) A real estate broker who has a broker-salesperson or salesperson associated with the real estate broker pursuant to NRS 645.520. 4. The Administrator may adopt such regulations as are necessary to carry out the provisions of this section. (Added to NRS by 1991, 2392; A 1995, 2136)—(Substituted in revision for NRS 616.262) NRS 616B.606 Real estate brokers and salespersons not employers under certain circumstances. Any person licensed pursuant to the provisions of chapter 645 of NRS who engages an independent contractor to maintain or repair property on behalf of an individual property owner or an association of property owners is not a statutory employer for the purposes of chapters 616A to 616D, inclusive, of NRS. (Added to NRS by 1987, 450)—(Substituted in revision for NRS 616.263) NRS 616B.609 Devices modifying liability void; exception. 1. Except as otherwise provided in subsection 2: (a) A contract of employment, insurance, relief benefit, indemnity, or any other device, does not modify, change or waive any liability created by chapters 616A to 616D, inclusive, of NRS. (b) A contract of employment, insurance, relief benefit, indemnity, or any other device, having for its purpose the waiver or modification of the terms or liability created by chapters 616A to 616D, inclusive, of NRS is void. 2. Nothing in this section prevents an owner or lessor of real property from requiring an employer who is leasing the real property from agreeing to insure the owner or lessor of the property against any liability for repair or maintenance of the premises. [25:168:1947; 1943 NCL § 2680.25]—(NRS A 1989, 1245)—(Substituted in revision for NRS 616.265) NRS 616B.612 Employers to provide compensation; effect of participation in consolidated insurance program; relief from certain liability. 1. Every employer within the provisions of chapters 616A to 616D, inclusive, or 617 of NRS, and those employers who accept the terms of those chapters and are governed by their provisions, shall provide and secure compensation according to the terms, conditions and provisions of those chapters for any personal injuries by accident sustained by an employee arising out of and in the course of the employment. 2. A contractor or subcontractor shall be deemed to have provided and secured compensation for his or her employees as required pursuant to subsection 1 to the extent that those employees are covered by a consolidated insurance program. 3. Travel for which an employee receives wages shall, for the purposes of chapters 616A to 616D, inclusive, of NRS, be deemed in the course of employment. 4. In such cases the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those personal injuries unless otherwise provided by the terms of chapters 616A to 616D, inclusive, of NRS. [26:168:1947; 1943 NCL § 2680.26]—(NRS A 1971, 2058; 1995, 2016; 1999, 1723, 3146) NRS 616B.615 Self-insured employers to provide compensation; relief from premiums and liability; administration of claims. 1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his or her employees and their beneficiaries under chapters 616A to 617, inclusive, of NRS. 2. A self-insured employer is not required to pay the premiums required of other employers pursuant to chapters 616A to 617, inclusive, of NRS but is relieved from other liability for personal injury to the same extent as are other employers. 3. The claims of employees and their beneficiaries resulting from injuries while in the employment of self-insured employers must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the self-insured employer is subject to the regulations of the Division with respect thereto. 4. The security deposited pursuant to NRS 616B.300 does not relieve that employer from responsibility for the administration of claims and payment of compensation under chapters 616A to 616D, inclusive, of NRS. (Added to NRS by 1979, 1035; A 1981, 1465; 1993, 1862)—(Substituted in revision for NRS 616.272) NRS 616B.618 Applicability to State, political subdivisions and their contractors. Except as otherwise provided in subsection 4 of NRS 616B.627, when the State or a county, city, school district, metropolitan police department, or other political subdivision, or a contractor under such a governmental entity is the employer, the provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for any injury sustained by an employee are conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer. [28:168:1947; 1943 NCL § 2680.28]—(NRS A 1973, 926; 1985, 665; 1993, 710; 1995, 2016; 2001, 608) NRS 616B.621 Applicability to trainees of Rehabilitation Division of Department of Employment, Training and Rehabilitation. 1. In case of injury, coverage by industrial insurance must be provided for trainees while enrolled in a rehabilitation facility operated by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, related to evaluation, treatment, training, surgical apparatuses or medications. 2. The Director of the Department of Employment, Training and Rehabilitation shall make payments to the insurer on all trainees enrolled in a rehabilitation facility operated by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation in this State at the rate approved by the Commissioner and based on a wage of $200 per month per trainee. 3. Payments must be made from the Account for Rehabilitation Facilities of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation. (Added to NRS by 1965, 91; A 1967, 833; 1973, 1406; 1981, 1465; 1987, 425; 1993, 1862; 1995, 2016)—(Substituted in revision for NRS 616.277) NRS 616B.624 Applicability to officers of quasi-public, private and nonprofit corporations and managers of limited-liability companies; rejection of coverage by certain officers and managers. 1. If a quasi-public or private corporation or a limited-liability company is required to be insured pursuant to chapters 616A to 616D, inclusive, of NRS, an officer of the corporation or a manager of the company who: (a) Receives pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year. (b) Does not receive pay for services performed as an officer, manager or employee of the corporation or company shall be deemed for the purposes of those chapters to receive a minimum pay of $500 per month or $6,000 per policy year. 2. An officer or manager who does not receive pay for services performed as an officer, manager or employee of the corporation or company may elect to reject coverage for himself or herself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer. 3. An officer or manager of such a corporation or company who: (a) Owns the corporation or company; and (b) Receives pay for the services performed, Ê may elect to reject coverage for himself or herself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer. 4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer. Except as otherwise provided in subsection 3, if an officer or manager who has rejected coverage receives pay for services performed as an officer, manager or employee of the corporation or company, the officer or manager shall be deemed to have rescinded that rejection. 5. A nonprofit corporation whose officers do not receive pay for services performed as officers or employees of the corporation may elect to reject coverage for its current officers and all future officers who do not receive such pay by filing written notice thereof with the corporation and the insurer. The rejection is effective upon receipt of the notice by the insurer. 6. A nonprofit corporation which has rejected coverage for its officers who do not receive pay for services performed as officers or employees of the corporation may rescind that rejection by filing written notice thereof with the corporation and the insurer. The rescission is effective upon receipt of the notice by the insurer. If an officer of a nonprofit corporation which has rejected coverage receives pay for services performed as an officer or employee of the corporation, the corporation shall be deemed to have rescinded that rejection. (Added to NRS by 1987, 597; A 1991, 803; 1993, 41; 1995, 2016, 2136, 2167; 1997, 579, 1499, 1500; 1999, 454, 1723; 2001, 608, 2451; 2003, 1585) NRS 616B.627 Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees. 1. Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the State or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of chapters 616A to 616D, inclusive, of NRS. A state agency, political subdivision or metropolitan police department may furnish coverage for industrial insurance for a contractor as specified in the contract. 2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his or her employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department specified in subsection 1 an affidavit indicating that the sole proprietor: (a) In accordance with the provisions of NRS 616B.659, has not elected to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS; and (b) Is otherwise in compliance with those terms, conditions and provisions. 3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain industrial insurance for himself or herself during any period in which the sole proprietor performs work under the contract for which he or she submitted the affidavit. 4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor in accordance with this section: (a) Must not, for any purpose, be considered to be the employer of the sole proprietor or the employees of the sole proprietor, if any; and (b) Is not liable as a principal contractor to the sole proprietor or the employees of the sole proprietor, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract. [29:168:1947; 1943 NCL § 2680.29]—(NRS A 1973, 927; 1981, 1465; 1985, 665; 1993, 549; 2001, 609) NRS 616B.630 Notification of State Contractors’ Board and Administrator if contractor no longer provides industrial insurance. 1. The Administrator shall, not later than 10 days after receiving notice from the advisory organization that a contractor’s coverage has lapsed, notify the State Contractors’ Board of that fact. 2. The Commissioner shall notify the Administrator and the State Contractors’ Board within 10 days after a contractor’s certificate of qualification as a self-insured employer is cancelled or withdrawn or the contractor is no longer a member of an association of self-insured public or private employers. (Added to NRS by 1983, 541; A 1993, 710; 1995, 2017; 1997, 1434; 2005, 1490) NRS 616B.633 Applicability to all employers who employ at least one employee. Where an employer has in his or her service any employee under a contract of hire, except as otherwise expressly provided in chapters 616A to 616D, inclusive, of NRS, the terms, conditions and provisions of those chapters are conclusive, compulsory and obligatory upon both employer and employee. [30:168:1947; A 1949, 659; 1951, 485]—(NRS A 1973, 599; 1975, 1018; 1995, 2017)—(Substituted in revision for NRS 616.285) NRS 616B.636 Actions at law by employees. 1. If any employer within the provisions of NRS 616B.633 fails to provide and secure compensation under chapters 616A to 616D, inclusive, of NRS, any injured employee or the dependents of the employee may bring an action at law against the employer for damages as if those chapters did not apply. 2. The injured employee or the dependents of the employee may in such an action attach the property of the employer at any time upon or after the institution of the action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS govern the issuance of, and proceedings upon, the attachment. 3. In such an action, the employer does not escape liability for personal injury or accident sustained by the employee, when the injury sustained arises out of and in the course of the employment, because: (a) The employee assumed the risks: (1) Inherent or incidental to, or arising out of his or her employment; (2) Arising from the failure of the employer to provide and maintain a reasonably safe place to work; or (3) Arising from the failure of the employer to furnish reasonably safe tools, motor vehicles or appliances. (b) The employer exercised reasonable care in selecting reasonably competent employees in the business. (c) The injury was caused by the negligence of a coemployee. (d) The employee was negligent, unless it appears that such negligence was willful and with intent to cause injury or the injured party was intoxicated. Ê In such cases it is presumed that the injury to the employee was the result of the negligence of the employer and that such negligence was the proximate cause of the injury, and the burden of proof rests upon the employer to rebut the presumption of negligence. [31:168:1947; 1943 NCL § 2680.31]—(NRS A 1960, 154; 1975, 1020; 1991, 2408)—(Substituted in revision for NRS 616.375) NRS 616B.639 Limitation of liability of principal contractor for industrial injury to independent contractor or employee of independent contractor. 1. A principal contractor is not liable for the payment of compensation for any industrial injury to any independent contractor or any employee of an independent contractor if: (a) The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to chapters 616A to 616D, inclusive, of NRS; (b) Proof of such coverage is provided to the principal contractor; (c) The principal contractor is not engaged in any construction project; and (d) The independent contractor is not in the same trade, business, profession or occupation as the principal contractor. 2. The Administrator may adopt such regulations as are necessary to carry out the provisions of this section. (Added to NRS by 1991, 2392)—(Substituted in revision for NRS 616.286) NRS 616B.642 Limitation on liability of owner of property who is not acting as principal contractor. An owner of property who is not acting as a principal contractor may not be held liable for any payment, in excess of any remaining money retained by the owner to assure payments under chapters 616A to 616D, inclusive, of NRS, of costs relating to industrial insurance required to be paid by the owner’s principal contractor or any subcontractor, should the principal contractor or subcontractor default or otherwise be unable to pay for the required insurance. (Added to NRS by 1987, 449)—(Substituted in revision for NRS 616.287) NRS 616B.645 Determination of obligation of principal contractor or owner of property: Preliminary statement of coverage; issuance or denial of final certificate of coverage. 1. To determine his or her obligation to pay premiums for industrial insurance on behalf of his or her subcontractors and independent contractors and their employees, a principal contractor or owner of property acting as a principal contractor may request the appropriate insurer to: (a) Provide the principal contractor or owner with a statement certifying whether: (1) Each of the subcontractors and independent contractors working in the principal contractor’s or owner’s project is insured; and (2) Each sole proprietor who is a subcontractor or independent contractor has elected coverage for himself or herself pursuant to chapters 616A to 617, inclusive, of NRS. (b) During the course of the project, notify the principal contractor or owner whenever any of the subcontractors or independent contractors fail to pay premiums or otherwise maintain industrial insurance. 2. Upon completion of the project, the principal contractor or owner may request the insurer to certify that each subcontractor or independent contractor who was previously reported by the insurer as having coverage for industrial insurance has maintained it by paying all premiums due throughout the entire course of the project. The insurer shall, within 60 days after receiving such a request, issue: (a) A final certificate which states that each such subcontractor and independent contractor has paid in full all premiums due for the project and that the principal contractor or owner is relieved of all liability for payment of any additional premiums related to the particular project; or (b) A letter denying the issuance of a final certificate related to the project. Such a letter may be issued if a subcontractor or independent contractor: (1) Is delinquent in the payment of premiums due on the project; (2) Has left the State; (3) Is uncooperative in a required audit of his or her records; (4) Is principally located out of State and an audit is required; (5) Is delinquent in submitting his or her records relating to his or her payroll; (6) Has closed his or her account with the insurer and premiums are due; (7) Has failed to submit required information to the insurer; (8) Is protesting the results of a required audit; (9) Elected not to insure himself or herself; or (10) Has committed any other action which, in the opinion of the insurer, may result in his or her failure to pay all premiums due. 3. If the insurer does not issue a final certificate or letter denying the issuance of the certificate within 60 days after receiving a request therefor, a final certificate shall be deemed to have been issued. (Added to NRS by 1987, 449; A 1995, 2017)—(Substituted in revision for NRS 616.288) Election of Coverage NRS 616B.650 Election by employer; effect of failure to provide industrial insurance. 1. Where the employer, as provided in chapters 616A to 616D, inclusive, of NRS, has given notice of an election to accept the terms of those chapters, and the employee has not given notice of an election to reject the terms of those chapters, the employer shall provide and secure, and the employee shall accept, compensation in the manner provided in those chapters for all personal injuries sustained arising out of and in the course of the employment. 2. Every employer electing to be governed by the provisions of chapters 616A to 616D, inclusive, of NRS, before becoming entitled to receive the benefits of those chapters, must comply with all conditions and provisions of those chapters during the period of such election. 3. Failure on the part of any employer to provide industrial insurance as required by the provisions of chapters 616A to 616D, inclusive, of NRS operates as a rejection of the terms of those chapters. If an employer rejects those chapters, or any of their terms, the employer shall post a notice of rejection of the terms of those chapters upon the employer’s premises in a conspicuous place. The employer at all times shall maintain the notice or notices so provided for the information of his or her employees. [Part 36:168:1947; 1943 NCL § 2680.36]—(NRS A 1979, 1045; 1993, 711; 1995, 2019)—(Substituted in revision for NRS 616.305) NRS 616B.653 Reporting of agreements with lessees engaged in mining or operating reduction plant; exception. 1. A lessee engaged in either mining or operating a reduction plant whose employer is within the provisions of chapters 616A to 616D, inclusive, of NRS, must be reported by the employer separately from persons employed at a daily wage, and the report must describe briefly: (a) The agreement under which the work is to be performed; (b) The aggregate number of shifts worked during the preceding month; and (c) The total amount earned by lessees, computed on the average daily wages of workers engaged in like work in the same locality. Ê Otherwise the payroll reports and premium payments on earnings of lessees described in this section are governed by the requirements of chapters 616A to 616D, inclusive, of NRS regarding employees engaged at a regular wage. 2. If such a lessee files with the Administrator and the insurer an acceptance of the provisions of chapters 616A to 616D, inclusive, of NRS and, if applicable, pays the premiums in advance upon the estimated earnings of the lessee and any workers the lessee may employ, the lessor is relieved of this obligation. [16:168:1947; 1943 NCL § 2680.16]—(NRS A 1967, 1369; 1975, 619, 1019; 1977, 236; 1981, 1467; 1987, 598; 1995, 2020)—(Substituted in revision for NRS 616.310) NRS 616B.656 Election by employer of excluded persons. 1. An employer in this State having in his or her employment any employee excluded from the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to NRS 616A.110 may elect to cover such employees under the provisions of those chapters in the manner provided in this section. 2. The election on the part of the employer must be made by filing with the Administrator and the insurer a written statement that the employer accepts the provisions of chapters 616A to 616D, inclusive, of NRS which, when filed, operates to subject the employer to the provisions of those chapters until the employer files with the Administrator and the insurer a notice in writing that the employer withdraws the election. 3. An employee in the service of any such employer shall be deemed to have accepted, and is subject to, the provisions of chapters 616A to 616D, inclusive, of NRS if, at the time of the accident for which compensation is claimed: (a) The employer charged with liability is subject to the provisions of those chapters, whether or not the employee has actual notice thereof; and (b) The employee has not given to his or her employer and to the Administrator and the insurer notice in writing that the employee elects to reject the provisions of those chapters. 4. An employee who has rejected the provisions of chapters 616A to 616D, inclusive, of NRS may at any time thereafter elect to waive the rejection by giving notice in writing to his or her employer and to the Administrator and the insurer which becomes effective when filed with the Administrator and the insurer. [Part 37:168:1947; 1943 NCL § 2680.37]—(NRS A 1957, 209; 1975, 1019; 1981, 1467; 1987, 655; 1993, 711; 1995, 2020)—(Substituted in revision for NRS 616.315) NRS 616B.659 Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election. 1. A sole proprietor may elect to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS to secure for himself or herself compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his or her self-employment by filing a written notice of election with the Administrator and a private carrier. 2. A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS to submit to a physical examination before his or her coverage commences. If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor. 3. A sole proprietor who elects to submit to the provisions of chapters 616A to 616D, inclusive, of NRS shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the Commissioner. 4. If a sole proprietor fails to pay all premiums required by the regulations of the Commissioner, the failure operates as a rejection of chapters 616A to 616D, inclusive, of NRS. 5. A sole proprietor who elects to be included pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS remains subject to all terms, conditions and provisions of those chapters and all regulations of the Commissioner until the sole proprietor files written notice with the Administrator and the private carrier that the sole proprietor withdraws his or her election. 6. For the purposes of chapters 616A to 616D, inclusive, of NRS, a sole proprietor shall be deemed to be receiving a wage of $300 per month unless, at least 90 days before any injury for which the sole proprietor requests coverage, the sole proprietor files written notice with the Administrator and the private carrier that he or she elects to pay an additional amount of premiums for additional coverage. If the private carrier receives the additional premiums it requires for such additional coverage, the sole proprietor shall be deemed to be receiving a wage of $1,800 per month. (Added to NRS by 1975, 1017; A 1981, 712, 1468; 1991, 1688; 1995, 2021; 1999, 1774; 2001, 2452) NRS 616B.662 Rejection of coverage by employer; relief from payment of premiums. An employer having come under chapters 616A to 616D, inclusive, or chapter 617 of NRS who thereafter elects to reject the terms, conditions and provisions of those chapters is not relieved from the payment of premiums to the insurer before the time the employer’s notice of rejection becomes effective if any are due. The premiums may be recovered in an action at law. [76:168:1947; 1943 NCL § 2680.76]—(NRS A 1979, 1045; 1981, 1468; 1995, 2021; 1999, 219) Employee Leasing Companies NRS 616B.670 Definitions. As used in NRS 616B.670 to 616B.697, inclusive, unless the context otherwise requires: 1. “Applicant” means a person seeking a certificate of registration pursuant to NRS 616B.670 to 616B.697, inclusive, to operate an employee leasing company. 2. “Client company” means a company which leases employees, for a fee, from an employee leasing company pursuant to a written or oral agreement. 3. “Employee leasing company” means a company which, pursuant to a written or oral agreement: (a) Places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company on a regular basis without any limitation on the duration of their employment; or (b) Leases to a client company: (1) Five or more part-time or full-time employees; or (2) Ten percent or more of the total number of employees within a classification of risk established by the Commissioner. (Added to NRS by 1993, 2419; A 1995, 2135; 1999, 1724; 2009, 1126) NRS 616B.673 Certificate of registration required; expiration; penalty. 1. A person shall not operate an employee leasing company in this State unless the person has complied with the provisions of NRS 616B.670 to 616B.697, inclusive. The Administrator shall issue a certificate of registration to each applicant who complies with the provisions of NRS 616B.670 to 616B.697, inclusive. 2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor. 3. Each certificate of registration issued by the Administrator pursuant to NRS 616B.670 to 616B.697, inclusive, expires 1 year after it is issued unless renewed before that date. (Added to NRS by 1993, 2419; A 1999, 1724; 2009, 1126) NRS 616B.676 Written application for issuance or renewal of certificate of registration must be on approved form. An applicant for the issuance or renewal of a certificate of registration must submit to the Administrator a written application upon a form provided by the Administrator. (Added to NRS by 1993, 2419; A 1999, 1725) NRS 616B.679 Contents of application; Administrator to be notified of certain changes in information about applicant; power of Administrator to revoke certificate of registration; financial statements; fee. 1. Each application must include: (a) The applicant’s name and title of his or her position with the employee leasing company. (b) The applicant’s age, place of birth and social security number. (c) The applicant’s address. (d) The business address of the employee leasing company. (e) The business address of the registered agent of the employee leasing company, if the applicant is not the registered agent. (f) If the applicant is a: (1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner. (2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation. (g) Proof of: (1) Compliance with the provisions of chapter 76 of NRS. (2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS. (3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS. (4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the employee leasing company to its employees. (h) A financial statement of the applicant setting forth the financial condition of the employee leasing company. Except as otherwise provided in subsection 5, the financial statement must include, without limitation: (1) For an application for issuance of a certificate of registration, the most recent audited financial statement of the applicant, which must have been completed not more than 13 months before the date of application; or (2) For an application for renewal of a certificate of registration, an audited financial statement which must have been completed not more than 180 days after the end of the applicant’s fiscal year. (i) A registration or renewal fee of $500. (j) Any other information the Administrator requires. 2. Each application must be notarized and signed under penalty of perjury: (a) If the applicant is a sole proprietorship, by the sole proprietor. (b) If the applicant is a partnership, by each partner. (c) If the applicant is a corporation, by each officer of the corporation. 3. An applicant shall submit to the Administrator any change in the information required by this section within 30 days after the change occurs. The Administrator may revoke the certificate of registration of an employee leasing company which fails to comply with the provisions of NRS 616B.670 to 616B.697, inclusive. 4. If an insurer cancels an employee leasing company’s policy, the insurer shall immediately notify the Administrator in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the Administrator. 5. A financial statement submitted with an application pursuant to this section must be prepared in accordance with generally accepted accounting principles, must be audited by an independent certified public accountant licensed to practice in the jurisdiction in which the accountant is located and must be without qualification as to the status of the employee leasing company as a going concern. An employee leasing company that has not had sufficient operating history to have an audited financial statement based upon at least 12 months of operating history must present financial statements reviewed by a certified public accountant covering its entire operating history. Each financial statement must: (a) Indicate that the applicant has maintained positive working capital, as defined by generally accepted accounting principles, throughout the period covered by the financial statement; or (b) Be accompanied by a bond, irrevocable letter of credit or securities with a minimum market value equaling the maximum deficiency in working capital plus $100,000. The bond, irrevocable letter of credit or securities must be held by a depository institution designated by the Administrator to secure payment by the applicant of all taxes, wages, benefits or other entitlements payable by the applicant. (Added to NRS by 1993, 2419; A 1999, 1725; 2003, 20th Special Session, 217; 2007, 2723; 2009, 1127, 2052) NRS 616B.682 Employee leasing company to maintain office or similar site in State; maintenance, inspection and copying of records. Each employee leasing company operating in this State shall: 1. Maintain an office or similar site in this State for retaining, reviewing and auditing its payroll records and written agreements with client companies. 2. Maintain at that office or similar site in this State records establishing that the employee leasing company: (a) Maintains current policies of workers’ compensation insurance providing coverage for each employee it leases to each client company; or (b) Pursuant to NRS 616B.692, otherwise satisfies its obligation to provide coverage for workers’ compensation for the employees that the employee leasing company leases to each client company. 3. Keep the records described in subsection 2 open for inspection and copying, during its regular business hours, by: (a) Each employee it leases to each client company and any representative of each such employee; and (b) The public. (Added to NRS by 1995, 2124; A 2007, 3342; 2009, 1129) NRS 616B.685 Separate payroll records required upon operation of employee leasing company and temporary employment service; prohibition on maintaining policy of workers’ compensation insurance for both employee leasing company and temporary employment service. If a person operates an employee leasing company and a temporary employment service in this State, the person: 1. Shall maintain separate payroll records for the company and the service. The records must be maintained in this State. 2. Shall not maintain a policy of workers’ compensation insurance which covers both employees of the employee leasing company and employees of the temporary employment service. (Added to NRS by 1995, 2124; A 2009, 1129) NRS 616B.688 Written agreement regarding employment relationship with leased employees. The employment relationship with workers provided by an employee leasing company to a client company must be established by written agreement between the employee leasing company and the client company. The employee leasing company shall give written notice of the employment relationship to each leased employee assigned to perform services for the client company. (Added to NRS by 1993, 2420)—(Substituted in revision for NRS 616.2544) NRS 616B.691 Responsibilities of employee leasing company; limitations; joint and several liability of client company. 1. For the purposes of chapters 612 and 616A to 617, inclusive, of NRS, an employee leasing company which complies with the provisions of NRS 616B.670 to 616B.697, inclusive, shall be deemed to be the employer of the employees it leases to a client company. 2. If an employee leasing company complies with the provisions of subsection 3, the employee leasing company shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans, including, without limitation, for the purposes of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. 3. An employee leasing company shall not offer its employees any self-funded industrial insurance program. An employee leasing company shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. 4. If an employee leasing company fails to: (a) Pay any contributions, premiums, forfeits or interest due; or (b) Submit any reports or other information required, Ê pursuant to this chapter or chapter 612, 616A, 616C, 616D or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company. (Added to NRS by 1993, 2420; A 1995, 2014, 2135; 1997, 579; 2003, 20th Special Session, 218; 2007, 3340; 2009, 1129) NRS 616B.692 Provision of coverage for workers’ compensation by employee leasing company; required reports and disclosures; regulations. 1. An employee leasing company may satisfy its obligation to provide coverage for workers’ compensation for the employees that the employee leasing company leases to each client company by: (a) Confirming that the client company has obtained a policy of workers’ compensation insurance directly from an insurer, and maintains that policy, which covers all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers’ compensation; (b) Confirming that the client company is a member of an association of self-insured employers which is certified by the Commissioner and which has assumed responsibility, and maintains responsibility, for covering all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers’ compensation; (c) Confirming that the client company is certified by the Commissioner as a self-insured employer which self-insures all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers’ compensation; (d) Obtaining a policy of workers’ compensation insurance directly from an insurer on a multiple coordinated policy basis, and maintaining that policy, which covers all of the employees leased to the client company or all of the employees leased to the client company and other client companies affiliated with the client company such that: (1) The policy covers the liability of both the employee leasing company and the client company or companies for payments required by chapters 616A to 616D, inclusive, or chapter 617 of NRS; (2) A separate policy is issued to or on behalf of each client company or group of affiliated client companies under the multiple coordinated policy; and (3) The employee leasing company controls payments and communications related to the policy; or (e) Obtaining a policy of workers’ compensation insurance on a master policy basis directly from an insurer, and maintaining that policy, which: (1) Covers some or all of the employees of the employee leasing company who are leased to one or more client companies; and (2) May cover all of the employees of the employee leasing company who work directly for the employee leasing company and are not leased to any client company. 2. With respect to a policy of workers’ compensation insurance described in paragraph (a) of subsection 1: (a) The policy may name the employee leasing company as an additional insured; and (b) If the employee leasing company is licensed as a producer of insurance pursuant to NRS 683A.261 and is authorized by the insurer, the employee leasing company may negotiate coverage, collect premiums on behalf of the insurer and otherwise act as an intermediary with respect to the policy. 3. If an employee leasing company or a client company maintains a policy of workers’ compensation insurance which provides coverage for leased employees, each insurer insuring leased employees shall report to the Advisory Organization, as defined in NRS 686B.1752: (a) Payroll and claims data for each client company in a manner that identifies both the client company and the employee leasing company; and (b) The status of coverage with respect to each client company in accordance with any applicable requirements regarding proof of coverage. 4. If the services that an employee leasing company offers to a client company do not include obtaining and maintaining a policy of workers’ compensation insurance for the employees which the employee leasing company will lease to the client company, the employee leasing company shall: (a) Before entering into an agreement with the client company to provide services as an employee leasing company, provide written notice to the client company that the client company will remain responsible for providing coverage for workers’ compensation for all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company; and (b) In the written agreement with the client company to provide services as an employee leasing company, clearly set forth the responsibility of the client company to provide coverage for workers’ compensation for all of the employees of the client company, including, without limitation, the employees leased from the employee leasing company. 5. If an employee leasing company offers to provide coverage for workers’ compensation for the employees that the employee leasing company leases to a client company in accordance with paragraph (d) or (e) of subsection 1: (a) The coverage for workers’ compensation must not take effect until the client company executes the written agreement required by NRS 616B.688 between the employee leasing company and the client company; and (b) The written agreement required by NRS 616B.688 between the employee leasing company and the client company must: (1) Explain that coverage for workers’ compensation does not take effect until the effective date designated by the insurer in the policy of workers’ compensation insurance; (2) Provide that, while the policy of workers’ compensation insurance is in force, the employee leasing company will pay all premiums required by the policy, including, without limitation, any adjustments or assessments, and will be entitled to any refunds of premiums; (3) Set forth the procedures by which the client company or the employee leasing company may terminate the agreement and any fees or costs payable upon termination; (4) Provide that, except as otherwise provided by law, all services provided by the employee leasing company to the client company will cease immediately on the effective date of any termination of the agreement; (5) Provide that the insurer from whom the policy of workers’ compensation insurance is obtained by the employee leasing company has the right to inspect the premises and records of the client company; (6) Provide that the loss experience of the client company will continue to be reported in the name of the client company to the Commissioner and will be available to subsequent insurers upon request; (7) Provide that the policy of workers’ compensation insurance covers only those employees acknowledged in writing by the employee leasing company to be employees of the employee leasing company who are being leased to the client company; (8) Explain that the client company is responsible at all times for providing coverage for workers’ compensation for any employees of the client company who are not leased from the employee leasing company; and (9) Provide that the client company must provide satisfactory evidence of the coverage required by subparagraph (8) to the insurer from whom the policy of workers’ compensation insurance is obtained by the employee leasing company. 6. Nothing in this section prohibits the employees of an employee leasing company who are leased to one or more client companies from being considered as a group for the purposes of any eligibility for dividends, discounts on premiums, rating arrangements or options or obtaining policies with large deductibles. 7. The exclusive remedy provided by NRS 616A.020 applies to the employee leasing company, the client company and to all employees of the client company, including, without limitation, the employees leased from the employee leasing company, whether the employee leasing company or the client company provides the coverage for workers’ compensation. 8. The Administrator and the Commissioner may adopt regulations to carry out the provisions of this section. (Added to NRS by 2009, 1123) NRS 616B.693 Assurance organizations: Authority of Administrator; regulations; independence and approval required. 1. The Administrator may adopt regulations authorizing and setting forth qualifications for an assurance organization selected by an employee leasing company to act on behalf of the employee leasing company in complying with the requirements of NRS 616B.670 to 616B.697, inclusive, and any regulations adopted pursuant thereto, including, without limitation, any requirements regarding obtaining or renewing a certificate of registration. Such an assurance organization must be independent of the employee leasing company and approved by the Administrator. 2. Nothing in this section or any regulations adopted pursuant thereto: (a) Limits or otherwise affects the authority of the Administrator to issue or revoke a certificate of registration of an employee leasing company subject to the appeals process; (b) Limits or otherwise affects the authority of the Administrator to investigate compliance with or enforce any provision of NRS 616B.670 to 616B.697, inclusive, and any regulations adopted pursuant thereto; or (c) Requires an employee leasing company to authorize an assurance organization to act on its behalf. 3. As used in this section, “assurance organization” means a person who meets the qualifications set forth by the Administrator pursuant to regulations adopted pursuant to subsection 1. (Added to NRS by 2009, 1123) NRS 616B.694 Regulations. The Administrator may adopt regulations to carry out the provisions of NRS 616B.670 to 616B.697, inclusive. (Added to NRS by 1993, 2421; A 1995, 649; 1999, 1726; 2009, 1130) NRS 616B.697 Action for damages for statutory violation. An action for damages caused by the failure of an employee leasing company to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, may be brought against any person who is required to sign the application for a certificate of registration for the employee leasing company. (Added to NRS by 1993, 2421; A 1999, 1726; 2009, 1130) Consolidated Insurance Programs NRS 616B.710 Establishment and administration of program: Prerequisites; mandatory participation; payments to contractors or subcontractors; Commissioner to establish threshold cost for project eligible for program. 1. A private company, public entity or utility may: (a) Establish and administer a consolidated insurance program to provide industrial insurance coverage for employees of contractors and subcontractors who are engaged in a construction project of which the private company, public entity or utility is the owner or principal contractor, if the estimated total cost of the construction project is equal to or greater than the threshold amount established by the Commissioner pursuant to subsection 3; and (b) As a condition precedent to the award of a contract to perform work on the construction project, require that contractors and subcontractors who will be engaged in the construction of the project participate in the consolidated insurance program. 2. If a private company, public entity or utility: (a) Establishes and administers a consolidated insurance program; and (b) Pursuant to the contract for the construction of the project, owes a periodic payment to a contractor or subcontractor whose employees are covered under the consolidated insurance program, Ê the private company, public entity or utility shall not withhold such a periodic payment on the basis that the contractor or subcontractor has not signed an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045. 3. The Commissioner shall establish the threshold amount that the estimated total cost of a construction project must be equal to or greater than before a consolidated insurance program may be established and administered for that project pursuant to this section. The base amount for the threshold must initially be $150,000,000 and thereafter must be an amount equal to $150,000,000 as adjusted by the Commissioner on June 30 of each year to reflect the present value of that amount with respect to the construction cost index. 4. As used in this section: (a) “Construction cost index” means the construction cost index published by the Engineering News-Record as a measure of inflation. (b) “Estimated total cost” means the estimated cost to complete all parts of a construction project, including, without limitation, the cost of: (1) Designing the project; (2) Acquiring the real property on which the project will be constructed; (3) Connecting the project to utilities; (4) Excavating and carrying out underground improvements for the project; and (5) Acquiring equipment and furnishings for the project. Ê The term does not include the cost of any fees or charges associated with acquiring the money necessary to complete the project. (Added to NRS by 1999, 3141) NRS 616B.712 Industrial insurance for program; contract to provide insurance to be filed and reviewed by Commissioner. 1. A private carrier who is authorized to transact industrial insurance in this State may contract with a private company, public entity or utility to provide industrial insurance coverage for a consolidated insurance program. 2. A private company, public entity or utility that enters into a contract with a private carrier for the provision of industrial insurance coverage for a consolidated insurance program shall file a copy of the contract with the Commissioner at least 60 days before the date on which the construction project is scheduled to begin. 3. The Commissioner shall, within 60 days after receiving a copy of a contract pursuant to subsection 2, review and approve or disapprove the contract. If the Commissioner does not disapprove the contract within 60 days after receiving it, the contract shall be deemed approved. (Added to NRS by 1999, 3142) NRS 616B.717 Coverage of more than one construction project authorized. A consolidated insurance program may cover more than one construction project. (Added to NRS by 1999, 3142) NRS 616B.720 Contents of contract to provide insurance for program. A contract for the provision of industrial insurance that is authorized pursuant to NRS 616B.712 must include, without limitation: 1. Provisions that require compliance with each of the requirements relating to safety and the administration of claims for industrial insurance at the site of the construction project that are set forth in NRS 616B.725 and 616B.727; 2. The names and qualifications of the persons appointed to oversee issues of safety and the administration of claims for industrial insurance at the site of the construction project pursuant to NRS 616B.725 and 616B.727; 3. The terms and conditions pursuant to which the contract provides industrial insurance coverage. The terms and conditions must include, without limitation: (a) A definition of the site of the construction project that: (1) Delineates clearly the area within which coverage is provided; and (2) Is reasonably contiguous to the actual physical site of the construction project; and (b) A description of the scope and details of the construction project and the duration of industrial insurance coverage that is provided for the project; 4. A list in which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project are set forth as named insureds; and 5. A provision setting forth the penalties to which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project may be subject if such persons or entities fail to comply with the provisions relating to safety and the administration of claims for industrial insurance that are required pursuant to NRS 616B.725 and 616B.727. (Added to NRS by 1999, 3145) NRS 616B.722 Liability of insurer for payment of compensation. A private carrier who contracts to provide industrial insurance coverage for a consolidated insurance program pursuant to NRS 616B.712 is liable to pay each claim for industrial insurance that is covered by the program, regardless of whether: 1. The claim is filed after the completion of the construction project; or 2. Any party to the contract is not transacting business within this State at the time the claim is filed. (Added to NRS by 1999, 3145) NRS 616B.725 Safety requirements: Contents of safety program; qualifications and duties of safety coordinators; duties of owner or principal contractor. 1. A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to NRS 616B.710 must, in the manner set forth in this section, provide for the safety of an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at the site of the construction project. 2. The owner or principal contractor of the construction project shall develop and carry out a safety program that includes, without limitation: (a) The establishment of minimum standards of safety to be observed during construction of the project; (b) The holding of regular meetings to address and discuss issues related to safety; (c) Training of contractors and subcontractors regarding issues and procedures related to safety; (d) Regular inspections of the site of the construction project to identify potential safety hazards and ensure that minimum standards of safety are being observed; (e) The notification of contractors and subcontractors of special hazards that exist at the site of the construction project, including advice on ways in which the contractors and subcontractors can avoid those hazards; and (f) The prompt investigation of any injuries that take place at the site of the construction project which result in death or serious bodily injury. 3. The owner or principal contractor of the construction project shall hire or contract with two persons to serve as the primary and alternate coordinators for safety for the construction project. The primary and alternate coordinators for safety must: (a) Possess credentials in the field of safety that the Administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project, including, without limitation, credentials issued by the: (1) Board of Certified Safety Professionals; or (2) Insurance Institute of America; or (b) Have at least 3 years of experience in overseeing matters of occupational safety and health in the field of construction that the Administrator determines to be adequate to prepare a person to act as a coordinator for safety for a construction project. 4. The primary and alternate coordinators for safety for the construction project: (a) Must not serve as coordinators for safety for another construction project that is covered by a different consolidated insurance program; (b) Shall oversee and enforce the safety program established pursuant to subsection 2, including, without limitation, resolving problems related to the operation of the safety program; and (c) Shall ensure that the contractors, employers and subcontractors who are engaged in the construction of the project coordinate their efforts regarding issues of occupational safety and health to create and maintain a safe and healthful workplace. 5. The alternate coordinator for safety shall report to the primary coordinator for safety regarding activities that take place at the site of the construction project when the primary coordinator is absent. 6. The owner or principal contractor of the construction project shall ensure that the primary or alternate coordinator for safety for the construction project is physically present at the site of the construction project whenever activity related to construction is taking place at the site. (Added to NRS by 1999, 3142) NRS 616B.727 Administration of claims: Duties of administrator of claims; duties of owner or principal contractor. 1. A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to NRS 616B.710 must, in the manner set forth in this section, provide for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at the site of the construction project. 2. The owner or principal contractor of the construction project shall hire or contract with a person to serve as the administrator of claims for industrial insurance for the construction project. Such a person must not serve as an administrator of claims for industrial insurance for another construction project that is covered by a different consolidated insurance program. 3. The administrator of claims for industrial insurance for the construction project who is hired or with whom the owner or principal contractor contracts pursuant to subsection 2 shall: (a) Assist an employee who is covered under the consolidated insurance program or, in the event of the employee’s death, one of the dependents of the employee, in filing a written notice of injury or death as required pursuant to NRS 616C.015 or a written notice of an occupational disease as required pursuant to NRS 617.342; (b) Sign and file on behalf of a contractor or subcontractor whose employees are covered under the consolidated insurance program an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045 or 617.354; (c) Ensure that an employee who is covered under the consolidated insurance program and who has been injured or who has incurred an occupational disease while working on the construction project is directed to a medical facility that will provide treatment to the employee under the program; (d) Handle all issues, to the extent reasonably practicable, relating to claims for industrial insurance at the site of the construction project; and (e) Hire or contract such assistant administrators as may be necessary to carry out the responsibilities of the administrator of claims pursuant to this section. 4. The owner or principal contractor of the construction project shall ensure that the administrator of claims for industrial insurance for the construction project or an assistant administrator is physically present at the site of the construction project whenever activity related to construction is taking place at the site. (Added to NRS by 1999, 3143) NRS 616B.730 Coverage of employees who do not work at site of construction project; separate policy required for certain employees who do not work at site of construction project; reimbursement for cost of separate policy. 1. A consolidated insurance program must not provide industrial insurance coverage, a comprehensive program of safety or for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction of the project that is covered by the consolidated insurance program at any time that such an employee does not work at the site of the construction project. 2. A contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program shall maintain separate industrial insurance coverage for its employees who: (a) Are not assigned to participate in the construction of the project; or (b) Are assigned to participate in the construction of the project but who do not work exclusively at the site of the project. 3. The owner or principal contractor of a construction project shall reimburse a contractor or subcontractor who bids successfully on the construction project for the cost of providing separate industrial insurance coverage for an employee if: (a) The contractor or subcontractor set the amount of his or her bid in a reasonable, good faith belief that the employee would work exclusively at the site of the construction project and would therefore be fully covered by the consolidated insurance program; and (b) Because of changed circumstances not reasonably foreseeable at the time the bid was submitted, the employee worked in whole or in part at a location other than the site of the construction project, requiring the contractor or subcontractor to obtain separate industrial insurance coverage for that employee. (Added to NRS by 1999, 3144; A 2001, 2453) NRS 616B.732 Determination of loss experience. If an owner or principal contractor establishes and administers a consolidated insurance program pursuant to NRS 616B.710, each employee of a contractor or subcontractor who is covered under the consolidated insurance program: 1. Is an employee of the contractor or subcontractor for the purpose of determining the loss experience of the contractor or subcontractor. 2. Shall not be deemed to be an employee of the owner or principal contractor for the purpose of determining the loss experience of the owner or principal contractor. (Added to NRS by 1999, 3144; A 2007, 614) NRS 616B.735 Notification and explanation to bidders required if program may be established for construction project. With respect to a construction project for which the owner intends to establish and administer an owner-controlled insurance program or the principal contractor intends to establish and administer a contractor-controlled insurance program, the owner or principal contractor, as appropriate, shall: 1. In the notice or advertisement for bids for the construction of the project, state: (a) That the employees of contractors and subcontractors who are engaged in the construction of the project will be covered under a consolidated insurance program when such employees work at the site of the project; and (b) Whether such a program will be an owner-controlled insurance program or a contractor-controlled insurance program; and 2. Hold a pre-bid conference at which it provides to potential contractors and subcontractors, without limitation, the following information: (a) A general explanation of the manner in which a consolidated insurance program operates; (b) An overview of the provisions of NRS 616B.710 to 616B.737, inclusive; (c) A general description of the safety procedures that will be required as part of the consolidated insurance program; and (d) The procedures pursuant to which claims for industrial insurance will be administered. (Added to NRS by 1999, 3144) NRS 616B.737 Regulations. The Commissioner may adopt such regulations as the Commissioner determines are necessary to carry out the provisions of NRS 616B.710 to 616B.737, inclusive, to the extent that the authority granted pursuant to this section does not duplicate authority granted to the Administrator. (Added to NRS by 1999, 3146) APPEALS PANEL FOR INDUSTRIAL INSURANCE NRS 616B.760 Creation; membership; terms; vacancies. 1. The Appeals Panel for Industrial Insurance is hereby created. The Appeals Panel consists of seven members who are appointed by the Governor, in consultation with the Commissioner. From the appropriate list of persons, if any, provided by the advisory organization pursuant to subsection 2, the Governor, in consultation with the Commissioner, shall appoint: (a) An employee of the Division of Insurance of the Department of Business and Industry; (b) An agent who is: (1) Licensed pursuant to chapter 683A of NRS and qualified pursuant to regulations adopted by the Commissioner to take an application for, procure or place on behalf of others, industrial insurance; and (2) A member of a nationally recognized association for the profession of insurance agents; (c) Two representatives of the general public: (1) One of which must be employed by, or the proprietor of, a business which is a member of: (I) A local chamber of commerce; or (II) Another organization representing the general business interests of a group of businesses located in this State. (2) Neither of which may be an independent contractor to, or an employee or representative of, an insurance company, insurance broker, insurance agent or insurance solicitor, a law firm, actuary or a representative of a trade association that represents or supports the interests specific to the trade of any such persons. (3) Both of which must be knowledgeable in the field and business of industrial insurance in this State; (d) Two representatives of private carriers; and (e) A representative of the advisory organization who administers appeals panels for grievances of employers in other states. 2. On or before June 1 of a year in which the Governor is to appoint a member to the Appeals Panel, the advisory organization shall compile lists of nominees for appointment pursuant to subsection 1 and provide such lists to the Governor and the Commissioner. The advisory organization shall compile three lists, each containing the names of at least five persons who, in the opinion of the advisory organization, would be appropriate members of the Appeals Panel as: (a) The agent appointed pursuant to paragraph (b) of subsection 1; (b) The two representatives of the general public appointed pursuant to paragraph (c) of subsection 1; and (c) The two representatives of private carriers appointed pursuant to paragraph (d) of subsection 1. 3. Within 30 days after such appointments have been made, the Governor shall notify the advisory organization of the names of each new member. 4. After the initial terms, members shall serve terms of 2 years, except when appointed to fill unexpired terms. 5. A vacancy in the membership of the Appeals Panel must be filled by the Governor, in consultation with the Commissioner, in accordance with the provisions of subsections 1 and 2 for the remainder of the unexpired term. The newly appointed member must have the same qualifications as the vacating member, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1, as appropriate. (Added to NRS by 1999, 3376; A 2001, 2256) NRS 616B.762 Annual first meeting: Date; election of Chair. 1. At its first meeting of each year, the Appeals Panel shall elect a Chair from among its members. 2. The Chair shall hold office for 1 year. 3. If a vacancy occurs in the office of the Chair, the members of the Panel shall elect a Chair from among its members for the remainder of the unexpired term of the Chair. 4. Unless the members agree unanimously to a different date, the first meeting of each year must be as soon as practicable after July 1. (Added to NRS by 1999, 3378; A 2001, 2256) NRS 616B.765 Duties and powers of Chair. 1. The Chair of the Appeals Panel shall: (a) Schedule the time and place of the meetings and hearings of the Appeals Panel; (b) Establish the agenda for each meeting and hearing of the Appeals Panel; and (c) Ensure that the meetings of the Appeals Panel are conducted in an efficient manner. 2. The Chair of the Appeals Panel may appoint from the membership of the Appeals Panel a secretary to whom the Chair may delegate his or her administrative functions. (Added to NRS by 1999, 3378; A 2001, 2256) NRS 616B.767 Meetings; quorum. 1. The Appeals Panel shall meet at the times and places specified by a call of the Chair. 2. Four members of the Appeals Panel constitute a quorum to transact all business, and a majority of those present must concur on any decision. (Added to NRS by 1999, 3378; A 2001, 2256) NRS 616B.770 Compensation of members. 1. Each member of the Appeals Panel is entitled to receive, for the member’s attendance at the meetings of the Appeals Panel, the per diem allowance and travel expenses provided for state officers and employees generally. 2. Expenses of the members of the Appeals Panel must be paid from assessments payable by each insurer pursuant to the formula filed with and approved by the Commissioner pursuant to NRS 686B.17645. 3. As used in this section, “insurer” has the meaning ascribed to it in NRS 686B.1759. (Added to NRS by 1999, 3378; A 2001, 2256) NRS 616B.772 Filing of grievance; parties to hearing; authority to appeal decision on hearing. 1. An employer, other than a self-insured employer, who determines that circumstances specific to his or her case require a review of the: (a) Establishment of the employer’s modification of premium based on experience; (b) Classification of risk assigned for the employer’s business; or (c) Application of the supplementary rate information to the employer, Ê may file a written grievance with the Appeals Panel. 2. The insurer of that employer and the advisory organization may participate in a hearing on the grievance by appearing and providing testimony or other evidence. If an insurer or the advisory organization participates in the hearing, the insurer or the advisory organization is a party to the hearing and may appeal, pursuant to the provisions of NRS 616B.787, the decision made by the Appeals Panel. 3. As used in this section “supplementary rate information” has the meaning ascribed to it in NRS 686B.020. (Added to NRS by 1999, 3378; A 2001, 2256) NRS 616B.775 Jurisdiction. 1. The Appeals Panel shall hear a grievance of an employer filed pursuant to NRS 616B.772. 2. The Appeals Panel shall not hear: (a) Complaints concerning the effect of the classifications of risks or rules that are applied by all insurers to all similarly classified businesses within this State. (b) Grievances concerning contested cases for compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.777 Timing: Notification of hearing; issuance of decision. 1. Within 30 days after receipt of a written grievance from an employer pursuant to NRS 616B.772 and not less than 10 days before the hearing on such grievance, the Appeals Panel shall provide written notice to the employer, the employer’s insurer and the advisory organization of the date and place of the hearing. 2. A decision on a grievance must be issued pursuant to NRS 616B.785 within 30 days after the hearing. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.780 Hearings open to public; exception. A hearing held pursuant to NRS 616B.775 must be open to the public, unless the Appeals Panel will be considering proprietary information of the employer or the insurer. As used in this section, the term “proprietary information” means any information which, if disclosed to the general public, may result in a competitive disadvantage to an insurer or employer, including, without limitation: 1. Rules, criteria and standards for underwriting policies that are applied by an insurer. 2. Plans or other documents concerning the marketing or strategic planning of an insurer or employer. 3. Data, studies and reports concerning the development of new products or services. 4. Data that identify the share of the market of an insurer within each class of risk. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.782 Conflict of interest: Appointment of substitute member; waiver; determination. 1. If a member of the Appeals Panel determines that he or she has a personal interest or a conflict of interest, directly or indirectly, with a party to a hearing or the subject matter of the hearing, the Chair of the Appeals Panel shall appoint a substitute member for that hearing who has the same qualifications, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1 of NRS 616B.760 as the member who has the conflict of interest. If the Chair is the member with the conflict of interest, another member of the Appeals Panel shall appoint the substitute. 2. A conflict of interest may be waived if, after full written disclosure of the facts raising such a conflict, all parties to the appeal agree in writing to the hearing of the appeal by the member. Such waiver must be filed with the Chair of the Appeals Panel before the hearing. If the Chair is the member with the conflict of interest, the waiver must be filed with the Commissioner. 3. The member of the Appeals Panel who represents the advisory organization shall be deemed not to have a conflict of interest with respect to the advisory organization if it is a party to a hearing. (Added to NRS by 1999, 3379; A 2001, 2256) NRS 616B.785 Issuance and delivery of decision; notification of right to appeal. 1. Within 30 days after each hearing, the Chair or a member of the Appeals Panel designated by the Chair shall prepare and deliver personally or by mail to each party to the hearing and to the Commissioner a written memorandum stating: (a) The reasons for the decision of the Appeals Panel concerning those parties; and (b) The rights of any party to the hearing to appeal pursuant to NRS 616B.787 and a brief description of the procedure for making such an appeal. Ê The votes of each member of the Appeals Panel must not be recorded on this memorandum. 2. Each month, copies of all decisions made by the Appeals Panel during the prior month must be delivered personally or by mail to the advisory organization. (Added to NRS by 1999, 3380; A 2001, 2256) NRS 616B.787 Appeal of decision to Commissioner. 1. A party to the hearing who wishes to appeal a decision of the Appeals Panel must do so pursuant to the provisions of NRS 679B.310. Such a hearing must be conducted by the Commissioner pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive, and the regulations adopted pursuant thereto. 2. The Commissioner shall not hold a hearing on the request of an employer concerning the establishment of the employer’s modification of premium based on experience, the classification of risk assigned for the employer’s business, or application of the insurer’s supplementary rate information to the employer unless the employer has: (a) Filed a written grievance with the Appeals Panel pursuant to NRS 616B.772; and (b) Received a written decision from the Appeals Panel. (Added to NRS by 1999, 3380; A 2001, 2256) NRS 616B.790 Regulations. The Commissioner may adopt regulations to carry out the provisions of NRS 616B.760 to 616B.790, inclusive. (Added to NRS by 1999, 3380; A 2001, 2256) MISCELLANEOUS PROVISIONS NRS 616B.850 Insurer may establish plan to review small employers; objectives of plan. An insurer may establish a plan to review small employers who are insured by the insurer to encourage such employers to maintain their loss experience at the lowest possible level. (Added to NRS by 1997, 1425; A 1997, 1456) REPORTS OF INJURIES AND CLAIMS FOR COMPENSATION NRS 616C.005 Forms for reporting injuries: Insurer to distribute revised forms to employers periodically; Administrator to make revised forms available to physicians and chiropractors. On or before September 1 of each year: 1. An insurer shall distribute to each employer that it insures any form for reporting injuries that has been revised within the previous 12 months. 2. The Administrator shall make available to physicians and chiropractors any form for reporting injuries that has been revised within the previous 12 months. (Added to NRS by 1991, 2395; A 1997, 1434) NRS 616C.010 Employee to report accident and injury to employer; examination of employee; employee leasing company to provide to leased employees instructions regarding reporting of injuries. 1. Whenever any accident occurs to any employee, the employee shall forthwith report the accident and the injury resulting therefrom to his or her employer. 2. When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician or chiropractor, in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer shall: (a) If the employer’s insurer has entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of: (1) Two or more physicians or chiropractors who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are two or more such physicians or chiropractors within 30 miles of the employee’s place of employment; or (2) One or more physicians or chiropractors who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are not two or more such physicians or chiropractors within 30 miles of the employee’s place of employment. (b) If the employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of: (1) Two or more physicians or chiropractors who are qualified to conduct the examination, if there are two or more such physicians or chiropractors within 30 miles of the employee’s place of employment; or (2) One or more physicians or chiropractors who are qualified to conduct the examination, if there are not two or more such physicians or chiropractors within 30 miles of the employee’s place of employment. 3. From among the names furnished by the employer pursuant to subsection 2, the employee shall select one of those physicians or chiropractors to conduct the examination, but the employer shall not require the employee to select a particular physician or chiropractor from among the names furnished by the employer. Thereupon, the examining physician or chiropractor shall report forthwith to the employer and to the insurer the character and extent of the injury. The employer shall not require the employee to disclose or permit the disclosure of any other information concerning the employee’s physical condition except as required by NRS 616C.177. 4. Further medical attention, except as otherwise provided in NRS 616C.265, must be authorized by the insurer. 5. This section does not prohibit an employer from requiring the employee to submit to an examination by a physician or chiropractor specified by the employer at any convenient time after medical attention which is required immediately has been completed. 6. An employee leasing company must provide to each employee covered under an employee leasing contract instructions on how to notify the leasing company supervisor and client company of an injury in plain, clear language placed in conspicuous type in a specifically labeled area of instructions given to the employee. [Part 52:168:1947; 1943 NCL § 2680.52]—(NRS A 1981, 1167, 1471; 1983, 478; 1985, 1543; 2007, 3344; 2009, 1130) NRS 616C.015 Notice of injury or death: Requirements; availability of form; retention; notice by leased employee. 1. An employee or, in the event of the employee’s death, one of the dependents of the employee, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within 7 days after the accident. 2. The notice required by subsection 1 must: (a) Be on a form prescribed by the Administrator. The form must allow the injured employee or the dependent of the employee to describe briefly the accident that caused the injury or death. (b) Be signed by the injured employee or by a person on behalf of the employee, or in the event of the employee’s death, by one of the dependents of the employee or by a person acting on behalf of the dependent. (c) Include an explanation of the procedure for filing a claim for compensation. (d) Be prepared in duplicate so that the injured employee or the dependent of the employee and the employer can retain a copy of the notice. 3. Upon receipt of the notice required by subsection 1, the employer, the injured employee’s supervisor or the agent of the employer who was in charge of the type of work or the area where the accident occurred shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights. 4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his or her employees. 5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the accident. An employer insured by a private carrier shall not file a notice of injury with the private carrier. 6. The claim of a leased employee is not barred if the leased employee gives notice to his or her client company supervisor, rather than to his or her leasing company supervisor. Notification of an injury by a leased employee to his or her client company supervisor shall be deemed sufficient notice of injury to the employer. [55:168:1947; 1943 NCL § 2680.55]—(NRS A 1969, 95; 1973, 604; 1979, 1052, 1053; 1981, 1487; 1989, 332; 1991, 2415, 2416; 1993, 731; 1995, 2031, 2146; 1997, 585; 1999, 1775; 2009, 1131) NRS 616C.020 Claim for compensation: Requirements for injured employee, dependent or representative to file claim; form. 1. Except as otherwise provided in subsection 2, an injured employee, or a person acting on behalf of the employee, shall file a claim for compensation with the insurer within 90 days after an accident if: (a) The employee has sought medical treatment for an injury arising out of and in the course of his or her employment; or (b) The employee was off work as a result of an injury arising out of and in the course of his or her employment. 2. In the event of the death of the injured employee resulting from the injury, a dependent of the employee, or a person acting on behalf of the employee, shall file a claim for compensation with the insurer within 1 year after the death of the injured employee. 3. The claim for compensation must be filed on a form prescribed by the Administrator. (Added to NRS by 1993, 661)—(Substituted in revision for NRS 616.501) NRS 616C.025 Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions. 1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, a dependent of the employee, is barred from recovering compensation pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS if the employee or dependent, as applicable, fails to file a notice of injury pursuant to NRS 616C.015 or a claim for compensation pursuant to NRS 616C.020. 2. An insurer may excuse the failure to file a notice of injury or a claim for compensation pursuant to the provisions of this section if: (a) The injury to the employee or another cause beyond the control of the employee prevented the employee from providing the notice or claim; (b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law; (c) The failure was caused by the physical or mental inability of the employee or the dependent; or (d) The failure was caused by fraud, misrepresentation or deceit. (Added to NRS by 1993, 661)—(Substituted in revision for NRS 616.5011) NRS 616C.030 Dependent of injured employee barred from filing claim for compensation if untimely or previously denied. A dependent of an injured employee may not file a claim for compensation for an industrial injury pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS if: 1. The time for filing the claim has expired pursuant to NRS 616C.020 and the failure to file the claim is not excused pursuant to NRS 616C.025; or 2. The injured employee or another dependent filed a claim for compensation for that industrial injury, the claim was denied and, upon final resolution of the claim, it was denied. (Added to NRS by 1993, 663)—(Substituted in revision for NRS 616.50115) NRS 616C.035 Application for death benefit. Where death results from injury, the parties entitled to compensation under chapters 616A to 616D, inclusive, of NRS, or someone in their behalf, must make application for compensation to the insurer. The application must be accompanied by: 1. Proof of death; 2. Proof of relationship showing the parties to be entitled to compensation under chapters 616A to 616D, inclusive, of NRS; 3. Certificates of the attending physician, if any; and 4. Such other proof as required by the regulations of the Division. [54:168:1947; 1943 NCL § 2680.54]—(NRS A 1979, 1053; 1981, 1488; 1993, 1869)—(Substituted in revision for NRS 616.505) NRS 616C.040 Claim for compensation: Duty of treating physician or chiropractor to file or delegate duty to medical facility; electronic filing; form and contents; maintenance of forms; penalty. 1. Except as otherwise provided in this section, a treating physician or chiropractor shall, within 3 working days after first providing treatment to an injured employee for a particular injury, complete and file a claim for compensation with the employer of the injured employee and the employer’s insurer. If the employer is a self-insured employer, the treating physician or chiropractor shall file the claim for compensation with the employer’s third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, the physician or chiropractor shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the injured employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request. 2. A physician or chiropractor who has a duty to file a claim for compensation pursuant to subsection 1 may delegate the duty to a medical facility. If the physician or chiropractor delegates the duty to a medical facility: (a) The medical facility must comply with the filing requirements set forth in this section; and (b) The delegation must be in writing and signed by: (1) The physician or chiropractor; and (2) An authorized representative of the medical facility. 3. A claim for compensation required by subsection 1 must be filed on a form prescribed by the Administrator. 4. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the injured employee’s ability to work. 5. Each physician, chiropractor and medical facility that treats injured employees, each insurer, third-party administrator and employer, and the Division shall maintain at their offices a sufficient supply of the forms prescribed by the Administrator for filing a claim for compensation. 6. The Administrator may impose an administrative fine of not more than $1,000 for each violation of subsection 1 on: (a) A physician or chiropractor; or (b) A medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to this section. (Added to NRS by 1993, 661; A 1995, 649; 1997, 1434; 2003, 2305) NRS 616C.045 Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty. 1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, an employer shall complete and file with his or her insurer or third-party administrator an employer’s report of industrial injury or occupational disease. 2. The report must: (a) Be filed on a form prescribed by the Administrator; (b) Be signed by the employer or the employer’s designee; (c) Contain specific answers to all questions required by the regulations of the Administrator; and (d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, indicates that the injured employee is expected to be off work for 5 days or more. 3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or the employer’s designee. The form must be mailed within 7 days after receiving such a request. 4. The Administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section. (Added to NRS by 1993, 661; A 1995, 649; 1997, 1435; 1999, 3146; 2003, 2305) NRS 616C.050 Information required to be provided by insurer to claimant. 1. An insurer shall provide to each claimant: (a) Upon written request, one copy of any medical information concerning the claimant’s injury or illness. (b) A statement which contains information concerning the claimant’s right to: (1) Receive the information and forms necessary to file a claim; (2) Select a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090; (3) Request the appointment of the Nevada Attorney for Injured Workers to represent the claimant before the appeals officer; (4) File a complaint with the Administrator; (5) When applicable, receive compensation for: (I) Permanent total disability; (II) Temporary total disability; (III) Permanent partial disability; (IV) Temporary partial disability; (V) All medical costs related to the claimant’s injury or disease; or (VI) The hours the claimant is absent from the place of employment to receive medical treatment pursuant to NRS 616C.477; (6) Receive services for rehabilitation if the claimant’s injury prevents him or her from returning to gainful employment; (7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and (8) Judicial review of any final decision within the time specified by statute. 2. The insurer’s statement must include a copy of the form designed by the Administrator pursuant to subsection 8 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractor. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1. (Added to NRS by 1995, 2003; A 2001, 1892; 2005, 100; 2009, 1277) NRS 616C.052 Exposure of police officer, firefighter or arson investigator to contagious disease: Reporting and testing requirements; eligibility for compensation. 1. Except as otherwise provided in NRS 617.485 and 617.487, if a police officer, a salaried or volunteer firefighter or an arson investigator is exposed to a contagious disease: (a) Upon battery by an offender; or (b) While performing the duties of a police officer, firefighter or arson investigator, Ê the employer of the police officer, firefighter or arson investigator shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer, firefighter or arson investigator, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer, firefighter or arson investigator was exposed. 2. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer, a salaried or volunteer firefighter or an arson investigator after the commencement of employment reveal that the police officer, firefighter or arson investigator tested positive for exposure to tuberculosis, the police officer, firefighter or arson investigator is eligible, during his or her lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis. 3. Except as otherwise provided in NRS 617.485 and 617.487, if the employment of a police officer, a salaried or volunteer firefighter or an arson investigator is terminated, voluntarily or involuntarily, the employer of the police officer, firefighter or arson investigator, regardless of whether the police officer, firefighter or arson investigator has been exposed to a contagious disease during his or her employment and regardless of whether the employer has created or maintained a report concerning any exposure of the police officer, firefighter or arson investigator to a contagious disease pursuant to subsection 1, shall: (a) At the time of termination and at 3 months after the date of termination, provide to the police officer, firefighter or arson investigator a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer, firefighter or arson investigator previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer, firefighter or arson investigator tested positive for exposure to tuberculosis, the police officer, firefighter or arson investigator is eligible, during his or her lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis. (b) Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer, firefighter or arson investigator a blood test or other appropriate test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C and human immunodeficiency virus, unless the police officer, firefighter or arson investigator previously submitted to such a test for a contagious disease and tested positive for exposure to that contagious disease. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer, firefighter or arson investigator has any other contagious disease or the antibodies associated with a contagious disease, the police officer, firefighter or arson investigator is eligible, during his or her lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease. 4. The former employer of a police officer, a salaried or volunteer firefighter or an arson investigator shall pay all the costs associated with providing skin and blood tests and other appropriate tests required pursuant to subsection 3. 5. As used in this section, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee. (Added to NRS by 1999, 2446; A 2001, 1015, 1873; 2005, 342, 2238; 2009, 543) NRS 616C.055 Use of fee schedules which unfairly discriminate among physicians and chiropractors prohibited; payment for services rendered by physician or chiropractor after removal from panel prohibited. 1. The insurer may not, in accepting responsibility for any charges, use fee schedules which unfairly discriminate among physicians and chiropractors. 2. If a physician or chiropractor is removed from the panel established pursuant to NRS 616C.090 or from participation in a plan for managed care established pursuant to NRS 616B.527, the physician or chiropractor, as applicable, must not be paid for any services rendered to the injured employee after the date of the removal. (Added to NRS by 1979, 651; A 1981, 1168, 1488; 1983, 325; 1985, 1546; 1991, 2417; 1993, 733; 1999, 1776) NRS 616C.065 Duty of insurer to accept or deny claim; new determination; penalty; failure of insurer to indicate acceptance or denial of claim; written determination. 1. Except as otherwise provided in NRS 616C.136, within 30 days after the insurer has been notified of an industrial accident, every insurer shall: (a) Accept a claim for compensation, notify the claimant or the person acting on behalf of the claimant that the claim has been accepted and commence payment of the claim; or (b) Deny the claim and notify the claimant or the person acting on behalf of the claimant and the Administrator that the claim has been denied. 2. If an insurer is ordered by the Administrator, a hearing officer, an appeals officer, a district court or the Supreme Court of Nevada to make a new determination, including, without limitation, a new determination regarding the acceptance or denial of a claim for compensation, the insurer shall make the new determination within 30 days after the date on which the insurer has been ordered to do so. 3. Payments made by an insurer pursuant to this section are not an admission of liability for the claim or any portion of the claim. 4. Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of an industrial accident, the insurer shall pay upon order of the Administrator an additional amount equal to three times the amount specified in the order as refused or unreasonably delayed. This payment is for the benefit of the claimant and must be paid to the claimant with the compensation assessed pursuant to chapters 616A to 617, inclusive, of NRS. The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of NRS 616C.136. 5. The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 or 2 by: (a) Mailing its written determination to the claimant or the person acting on behalf of the claimant; and (b) If the claim has been denied, in whole or in part, obtaining a certificate of mailing. 6. The failure of the insurer to obtain a certificate of mailing as required by paragraph (b) of subsection 5 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section. 7. The failure of the insurer to indicate the acceptance or denial of a claim for a part of the body or condition does not constitute a denial or acceptance thereof. 8. Upon request, the insurer shall provide a copy of the certificate of mailing, if any, to the claimant or the person acting on behalf of the claimant. 9. For the purposes of this section, the insurer shall mail the written determination to: (a) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or (b) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address. 10. As used in this section, “certificate of mailing” means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing. (Added to NRS by 1995, 2001; A 2001, 2738; 2007, 3345; 2009, 1278, 3031) NRS 616C.070 Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception. 1. A person is conclusively presumed to be totally dependent upon an injured or deceased employee if: (a) The person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years; or (b) The person is a natural, posthumous or adopted child, there is no surviving parent and the person is: (1) Over the age of 18 years and physically or mentally incapacitated from wage earning; or (2) Over the age of 18 years but under the age of 22 years and enrolled as a full-time student in an accredited vocational or educational institution. 2. Stepparents may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as a natural child or children if the existence and fact of dependency are shown. 3. Except as otherwise provided in subsection 13 of NRS 616C.505, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto or to their legal guardians or trustees. 4. The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee. [24:168:1947; 1943 NCL § 2680.24]—(NRS A 1971, 321; 1975, 598; 1985, 1460; 1993, 733; 1999, 219; 2007, 3346; 2009, 3072) NRS 616C.075 Effect of employee’s refusal to submit to physical examination after accident. If an employee is properly directed to submit to a physical examination and the employee refuses to permit the treating physician or chiropractor to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident. [Part 52:168:1947; 1943 NCL § 2680.52]—(NRS A 1973, 599; 1981, 1167, 1471; 1985, 1544; 1993, 715)—(Substituted in revision for NRS 616.365) TREATMENT AND RATING OF INJURED EMPLOYEES NRS 616C.085 Duties of employer when employee injured: First aid; reimbursement. 1. Every employer within the provisions of chapters 616A to 616D, inclusive, of NRS shall, immediately upon the occurrence of an injury to any of his or her employees, render to the injured employee all necessary first aid, including the cost of transportation of the injured employee to the nearest place of proper treatment if the injury is such as to make it reasonably necessary for such transportation. 2. An employer who is not self-insured or a member of an association of self-insured public or private employers is entitled to receive reimbursement from the employer’s insurer for the costs incurred in rendering the necessary first aid and transportation of an injured employee to the nearest place of proper treatment. [Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1975, 252, 826; 1979, 1489; 1981, 1165, 1469; 1985, 664; 1991, 2404; 1993, 713, 1862)—(Substituted in revision for NRS 616.340) NRS 616C.090 Selection of physician or chiropractor: Powers and duties of Administrator; selection and alternate selection from established panel or pursuant to contract; responsibility for charges. 1. The Administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his or her employees. 2. An injured employee whose employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 may choose a treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured employee may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his or her injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services the physician or chiropractor, as applicable, rendered to the injured employee up to and including the date of notification. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is on the panel. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list. 3. An injured employee whose employer’s insurer has entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 must choose a treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured employee may make an alternative choice of physician or chiropractor pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his or her injury. If the injured employee, after choosing a treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care services named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care services pursuant to NRS 616B.527, as appropriate. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list. If the employee fails to select a physician or chiropractor, the insurer may select a physician or chiropractor with that specialization. If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care services may select a physician or chiropractor with that specialization. 4. If the injured employee is not satisfied with the physician or chiropractor selected by himself or herself or by the insurer, the organization for managed care or the provider of health care services pursuant to subsection 3, the injured employee may make an alternative choice of physician or chiropractor pursuant to the terms of the contract. A change in the treating physician or chiropractor may be made at any time but is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the insurer denies a request for a change in the treating physician or chiropractor under this subsection, the insurer must include in a written notice of denial to the injured employee the specific reason for the denial of the request. 5. Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employee’s injury attributable to improper treatments by such physician, chiropractor or other person. 6. The Administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown. 7. An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment. 8. The Administrator shall design a form that notifies injured employees of their right pursuant to subsections 2, 3 and 4 to select an alternative treating physician or chiropractor and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050. (Added to NRS by 1973, 1595; A 1979, 651, 1045, 1046; 1981, 1166, 1196, 1470, 1829; 1985, 1542; 1991, 2405, 2406; 1993, 713; 1995, 2137; 1999, 219, 1776, 2214; 2001, 115, 1893; 2009, 1279) NRS 616C.095 Duty of physician or chiropractor to advise injured employee of rights. The physician or chiropractor shall inform the injured employee of the injured employee’s rights under chapters 616A to 616D, inclusive, or chapter 617 of NRS and lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the Division, without charge to the employee. [53:168:1947; 1943 NCL § 2680.53]—(NRS A 1981, 1470; 1985, 1543; 1993, 1863; 1999, 220) NRS 616C.100 Additional determination of percentage of disability permitted if cost paid by injured employee; authority of injured employee to seek reimbursement of cost; results of determination may be offered at hearing or conference. 1. If an injured employee disagrees with the percentage of disability determined by a physician or chiropractor, the injured employee may obtain a second determination of the percentage of disability. If the employee wishes to obtain such a determination, the employee must select the next physician or chiropractor in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490. If a second determination is obtained, the injured employee shall pay for the determination. If the physician or chiropractor selected to make the second determination finds a higher percentage of disability than the first physician or chiropractor, the injured employee may request a hearing officer or appeals officer to order the insurer to reimburse the employee pursuant to the provisions of NRS 616C.330 or 616C.360. 2. The results of a second determination made pursuant to subsection 1 may be offered at any hearing or settlement conference. (Added to NRS by 1991, 2398; A 1993, 736; 1995, 2148; 1999, 1777) NRS 616C.105 Requirements for designation of chiropractor to rate permanent partial disabilities. The Administrator shall not designate a chiropractor to rate permanent partial disabilities unless the chiropractor has completed an advanced program of training in rating disabilities using the American Medical Association’s Guides to the Evaluation of Permanent Impairment which is offered or approved by the Administrator. (Added to NRS by 1991, 2392)—(Substituted in revision for NRS 616.5417) NRS 616C.110 American Medical Association’s Guides to the Evaluation of Permanent Impairment: Duty of Division to adopt Guides by regulation. 1. For the purposes of NRS 616B.557, 616B.578, 616B.587, 616C.490 and 617.459, not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition, by reference. The regulations: (a) Must provide that the American Medical Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition, must be applied to all examinations; and (b) Must be applied to all examinations for a permanent partial disability that are conducted on or after the effective date of the regulations, regardless of the date of injury. 2. After adopting the regulations required pursuant to subsection 1, the Division may amend those regulations as it deems necessary, except that the amendments to those regulations: (a) Must be consistent with the Fifth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment; (b) Must not incorporate any contradictory matter from any other edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment; and (c) Must not consider any factors other than the degree of physical impairment of the whole person in calculating the entitlement to compensation. 3. If the Fifth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment contains more than one method of determining the rating of an impairment, the Administrator shall designate by regulation the method from that edition which must be used to rate an impairment pursuant to NRS 616C.490. (Added to NRS by 1995, 2128; A 1999, 1777; 2003, 1671; 2009, 3032) NRS 616C.115 Prescription of generic drugs required; exceptions. 1. Except as otherwise provided in subsection 2, a physician or advanced practitioner of nursing shall prescribe for an injured employee a generic drug in lieu of a drug with a brand name if the generic drug is biologically equivalent and has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug with a brand name. 2. A physician or advanced practitioner of nursing is not required to comply with the provisions of subsection 1 if: (a) The physician or advanced practitioner of nursing determines that the generic drug would not be beneficial to the health of the injured employee; or (b) The generic drug is higher in cost than the drug with a brand name. (Added to NRS by 1993, 669)—(Substituted in revision for NRS 616.5023) NRS 616C.120 Employee may elect treatment through prayer in lieu of medical treatment. Any provision of this chapter or chapter 616A, 616B, 616D or 617 of NRS must not prevent an employee from providing for treatment for the employee’s injuries or disease through prayer or other spiritual means in accordance with the tenets and practices of a recognized church, which treatment is recognized in this State in lieu of medical treatment. (Added to NRS by 1973, 1595; A 1999, 220) NRS 616C.125 Insurer may contract with suppliers for provision of services and goods to injured employees. An insurer may contract with suppliers to provide services and goods to injured employees. Such contracts may provide for the exclusive provision of specified services or goods to injured employees. (Added to NRS by 1987, 2148; A 1989, 1429; 1993, 714)—(Substituted in revision for NRS 616.344) NRS 616C.130 Insurer’s payment to physician or chiropractor attending injured employee conditioned upon receipt of itemized statement and certificate. The insurer shall not authorize the payment of any money to a physician or chiropractor for services rendered by the physician or chiropractor, as applicable, in attending an injured employee until an itemized statement for the services has been received by the insurer accompanied by a certificate of the physician or chiropractor stating that a duplicate of the itemized statement has been filed with the employer of the injured employee. (Added to NRS by 1957, 232; A 1981, 1167, 1471; 1985, 1543; 1997, 1435) NRS 616C.135 Liability of insurer for payment of charges for treatment related to industrial injury or occupational disease; acceptance of payment by provider of health care from injured employee or health or casualty insurer for treatment that was erroneously denied. 1. A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employee’s industrial injury or occupational disease. 2. The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed: (a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and (b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care. 3. A provider of health care may accept payment from an injured employee or from a health or casualty insurer paying on behalf of the injured employee pursuant to NRS 616C.138 for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease. 4. If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the Administrator shall impose an administrative fine of not more than $250 for each violation. (Added to NRS by 1983, 1291; A 1985, 574; 1991, 2407; 1993, 715; 2001, 1894, 2738, 2742; 2005, 237, 1265) NRS 616C.136 Action by insurer on bill from provider of health care; payment of interest; request for additional information; compliance with requirements. 1. Except as otherwise provided in this section, an insurer shall approve or deny a bill for accident benefits received from a provider of health care within 30 calendar days after the insurer receives the bill. If the bill for accident benefits is approved, the insurer shall pay the bill within 30 calendar days after it is approved. Except as otherwise provided in this section, if the approved bill for accident benefits is not paid within that period, the insurer shall pay interest to the provider of health care at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 calendar days after the date on which the bill is approved until the date on which the bill is paid. 2. If an insurer needs additional information to determine whether to approve or deny a bill for accident benefits received from a provider of health care, the insurer shall notify the provider of health care of his or her request for the additional information within 20 calendar days after the insurer receives the bill. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the bill for accident benefits. Upon the receipt of such a request, the provider of health care shall furnish the additional information to the insurer within 20 calendar days after receiving the request. If the provider of health care fails to furnish the additional information within that period, the provider of health care is not entitled to the payment of interest to which the provider of health care would otherwise be entitled for the late payment of the bill for accident benefits. The insurer shall approve or deny the bill for accident benefits within 20 calendar days after the insurer receives the additional information. If the bill for accident benefits is approved, the insurer shall pay the bill within 20 calendar days after the insurer receives the additional information. Except as otherwise provided in this subsection, if the approved bill for accident benefits is not paid within that period, the insurer shall pay interest to the provider of health care at the rate set forth in subsection 1. The interest must be calculated from 20 calendar days after the date on which the insurer receives the additional information until the date on which the bill is paid. 3. An insurer shall not request a provider of health care to resubmit information that the provider of health care has previously provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the accident benefits, harass the provider of health care or discourage the filing of claims. 4. An insurer shall not pay only a portion of a bill for accident benefits that has been approved and is fully payable. 5. The Administrator may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements of this section, including, without limitation, payment within the time required of at least 95 percent of approved accident benefits or at least 90 percent of the total dollar amount of approved accident benefits. If the Administrator determines that an insurer is not in substantial compliance with the requirements of this section, the Administrator may require the insurer to pay an administrative fine in an amount to be determined by the Administrator. 6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer. 7. Payments made by an insurer pursuant to this section are not an admission of liability for the accident benefits or any portion of the accident benefits. (Added to NRS by 2001, 2736) NRS 616C.137 Denial of payment for unrelated services: Requirements for notification; liability of injured employee; appeal. 1. If an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies payment for some or all of the services itemized on a statement submitted by a provider of health care on the sole basis that those services were not related to the employee’s industrial injury or occupational disease, the insurer, organization for managed care or employer shall, at the same time that it sends notification to the provider of health care of the denial, send a copy of the statement to the injured employee and notify the injured employee that it has denied payment. The notification sent to the injured employee must: (a) State the relevant amount requested as payment in the statement, that the reason for denying payment is that the services were not related to the industrial injury or occupational disease and that, pursuant to subsection 2, the injured employee will be responsible for payment of the relevant amount if the injured employee does not, in a timely manner, appeal the denial pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, or appeals but is not successful. (b) Include an explanation of the injured employee’s right to request a hearing to appeal the denial pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, and a suitable form for requesting a hearing to appeal the denial. 2. An injured employee who does not, in a timely manner, appeal the denial of payment for the services rendered or who appeals the denial but is not successful is responsible for payment of the relevant charges on the itemized statement. 3. To succeed on appeal, the injured employee must show that the: (a) Services provided were related to the employee’s industrial injury or occupational disease; or (b) Insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 gave prior authorization for the services rendered and did not withdraw that prior authorization before the services of the provider of health care were rendered. (Added to NRS by 2001, 2737) NRS 616C.138 Payment of provider of health care upon insurer’s denial of authorization or responsibility for treatment or other services provided; reimbursement of injured employee or health or casualty insurer; recovery of excess amount paid to provider of health care. 1. Except as otherwise provided in this section, if a provider of health care provides treatment or other services that an injured employee alleges are related to an industrial injury or occupational disease and an insurer, an organization for managed care, a third-party administrator or an employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies authorization or responsibility for payment for the treatment or other services, the provider of health care is entitled to be paid for the treatment or other services as follows: (a) If the treatment or other services will be paid by a health insurer which has a contract with the provider of health care under a health benefit plan that covers the injured employee, the provider of health care is entitled to be paid the amount that is allowed for the treatment or other services under that contract. (b) If the treatment or other services will be paid by a health insurer which does not have a contract with the provider of health care as set forth in paragraph (a) or by a casualty insurer or the injured employee, the provider of health care is entitled to be paid not more than: (1) The amount which is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260; or (2) If the insurer which denied authorization or responsibility for the payment has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract. 2. The provisions of subsection 1: (a) Apply only to treatment or other services provided by the provider of health care before the date on which the insurer, organization for managed care, third-party administrator or employer who provides accident benefits first denies authorization or responsibility for payments for the alleged industrial injury or occupational disease. (b) Do not apply to a provider of health care that is a hospital as defined in NRS 439B.110. The provisions of this paragraph do not exempt the provider of health care from complying with the provisions of subsections 3 and 4. 3. If: (a) The injured employee pays for the treatment or other services or a health or casualty insurer pays for the treatment or other services on behalf of the injured employee; (b) The injured employee requests a hearing before a hearing officer or appeals officer regarding the denial of coverage; and (c) The hearing officer or appeals officer ultimately determines that the treatment or other services should have been covered, or the insurer, organization for managed care, third-party administrator or employer who provides accident benefits subsequently accepts responsibility for payment, Ê the hearing officer or appeals officer shall order the insurer, organization for managed care, third-party administrator or employer who provides accident benefits to pay to the injured employee or the health or casualty insurer the amount which the injured employee or the health or casualty insurer paid that is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract. 4. If the injured employee or the health or casualty insurer paid the provider of health care any amount in excess of the amount that the provider would have been entitled to be paid pursuant to this section, the injured employee or the health or casualty insurer is entitled to recover the excess amount from the provider. Within 30 days after receiving notice of such an excess amount, the provider of health care shall reimburse the injured employee or the health or casualty insurer for the excess amount. 5. As used in this section: (a) “Casualty insurer” means any insurer or other organization providing coverage or benefits under a policy or contract of casualty insurance in the manner described in subsection 2 of NRS 681A.020. (b) “Health benefit plan” means any type of policy, contract, agreement or plan providing health coverage or benefits in accordance with state or federal law. (c) “Health insurer” means any insurer or other organization providing health coverage or benefits in accordance with state or federal law. (Added to NRS by 2001, 1892; A 2005, 237, 1266) NRS 616C.140 Medical examination of claimant; effect of refusal to submit to examination; communications not privileged. 1. Any employee who is entitled to receive compensation under chapters 616A to 616D, inclusive, of NRS shall, if: (a) Requested by the insurer or employer; or (b) Ordered by an appeals officer or a hearing officer, Ê submit to a medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the Division. 2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination. 3. The request or order for an examination must fix a time and place therefor, with due regard for the nature of the medical examination, the convenience of the employee, the employee’s physical condition and the employee’s ability to attend at the time and place fixed. 4. The employee is entitled to have a physician or chiropractor, provided and paid for by the employee, present at any such examination. 5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, the right of the employee to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension. 6. Any physician or chiropractor who makes or is present at any such examination may be required to testify as to the result thereof. [67:168:1947; 1943 NCL § 2680.67] + [68:168:1947; 1943 NCL § 2680.68]—(NRS A 1975, 763; 1977, 314; 1979, 1054; 1981, 1169, 1197, 1489, 1830; 1985, 1546; 1993, 735, 1869; 1995, 579; 1997, 1394) DETERMINATION AND PAYMENT OF BENEFITS NRS 616C.150 Compensation prohibited unless preponderance of evidence establishes that injury arose out of and in course of employment; rebuttable presumption if notice of injury is filed after termination of employment. 1. An injured employee or the dependents of the injured employee are not entitled to receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS unless the employee or the dependents establish by a preponderance of the evidence that the employee’s injury arose out of and in the course of his or her employment. 2. For the purposes of chapters 616A to 616D, inclusive, of NRS, if the employee files a notice of an injury pursuant to NRS 616C.015 after his or her employment has been terminated for any reason, there is a rebuttable presumption that the injury did not arise out of and in the course of his or her employment. (Added to NRS by 1993, 662)—(Substituted in revision for NRS 616.5015) NRS 616C.155 Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer. 1. An insurer shall not provide compensation to or for an employee or the dependents of the employee before the compensation is required to be paid pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS. 2. If, within 30 days after a payment is made to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS, the insurer determines that it has overpaid the injured employee as a result of a clerical error in its calculation of the amount of payment, or as a result of using improper or incorrect information to determine the injured employee’s eligibility for payment or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the injured employee is entitled, other than accident benefits, if: (a) The insurer notifies the injured employee in writing of its determination; (b) The insurer informs the injured employee of the injured employee’s right to contest the deduction; and (c) The injured employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that such an overpayment was made. 3. Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the injured employee. (Added to NRS by 1993, 662)—(Substituted in revision for NRS 616.5017) NRS 616C.157 Request for prior authorization: Time to respond; effect of failure to respond in timely manner. 1. An insurer, organization for managed care or third-party administrator shall respond to a written request for prior authorization for: (a) Treatment; (b) Diagnostic testing; or (c) Consultation, Ê within 5 working days after receiving the written request. 2. If the insurer, organization for managed care or third-party administrator fails to respond to such a request within 5 working days, authorization shall be deemed to be given. The insurer, organization for managed care or third-party administrator may subsequently deny authorization. 3. If the insurer, organization for managed care or third-party administrator subsequently denies a request for authorization submitted by a provider of health care for additional visits or treatments, it shall pay for the additional visits or treatments actually provided to the injured employee, up to the number of treatments for which payment is requested by the provider of health care before the denial of authorization is received by the provider. (Added to NRS by 1999, 2214) NRS 616C.160 Newly developed injury or disease: Inclusion in original claim for compensation; limitation. If, after a claim for compensation is filed pursuant to NRS 616C.020: 1. The injured employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and 2. The employee’s medical records for the injury reported do not include a reference to the injury or disease for which treatment is being sought, or there is no documentation indicating that there was possible exposure to an injury described in paragraph (b), (c) or (d) of subsection 2 of NRS 616A.265, Ê the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury or disease for which treatment is being sought and the original accident. (Added to NRS by 1993, 663; A 1999, 2447; 2001, 1016) NRS 616C.165 Determination of responsibility of insurer for undisputed claim for compensation; reimbursement of insurer initially providing compensation to injured employee. If responsibility for an undisputed claim for compensation by an injured employee is contested, the insurer to which the employee first submits the claim is responsible for providing the required compensation to the employee pending final resolution of the issue regarding which insurer is responsible for the claim. If the insurer that initially provides compensation to the injured employee is not held responsible for payment of the claim, the insurer that is held responsible shall reimburse that insurer within 30 days after final resolution of the issue of responsibility for payment of the claim. (Added to NRS by 1995, 2122) NRS 616C.170 Resolution of disputes between insurers if benefits are claimed against more than one insurer; adoption of regulations by Administrator; appeal of decision of Administrator; payment of benefits until determination of responsibility by Administrator. 1. The Administrator shall resolve any disputes between insurers if an injured employee claims benefits against more than one insurer. 2. The Administrator shall adopt regulations concerning the resolution of disputes between insurers regarding benefits to be paid to any injured employee. 3. If the insurer or the employee is dissatisfied with the decision of the Administrator, the dissatisfied party may request a hearing before an appeals officer. 4. Until the Administrator has determined which insurer is responsible for a claim, the current insurer of the employer shall pay benefits to the claimant pursuant to chapters 616A to 617, inclusive, of NRS. Payments made by an insurer pursuant to this subsection are not an admission of liability for the claim or any portion of the claim. (Added to NRS by 1995, 2002) NRS 616C.175 Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related injury by incident which is not employment related. 1. The resulting condition of an employee who: (a) Has a preexisting condition from a cause or origin that did not arise out of or in the course of the employee’s current or past employment; and (b) Subsequently sustains an injury by accident arising out of and in the course of his or her employment which aggravates, precipitates or accelerates the preexisting condition, Ê shall be deemed to be an injury by accident that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the subsequent injury is not a substantial contributing cause of the resulting condition. 2. The resulting condition of an employee who: (a) Sustains an injury by accident arising out of and in the course of his or her employment; and (b) Subsequently aggravates, precipitates or accelerates the injury in a manner that does not arise out of and in the course of his or her employment, Ê shall be deemed to be an injury by accident that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the injury described in paragraph (a) is not a substantial contributing cause of the resulting condition. (Added to NRS by 1993, 663; A 1995, 2147; 1999, 1777) NRS 616C.177 Medical records concerning preexisting condition: Authority of insurer to request records; injured employee required to release records under certain circumstances. 1. An insurer may inquire about and request medical records of an injured employee that concern a preexisting medical condition that is reasonably related to the industrial injury of that injured employee. 2. An injured employee must sign all medical releases necessary for the insurer of his or her employer to obtain information and records about a preexisting medical condition that is reasonably related to the industrial injury of the employee and that will assist the insurer to determine the nature and amount of workers’ compensation to which the employee is entitled. (Added to NRS by 1999, 1775) NRS 616C.180 Injury or disease caused by stress. 1. Except as otherwise provided in this section, an injury or disease sustained by an employee that is caused by stress is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if it arose out of and in the course of his or her employment. 2. Any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuing therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment. 3. An injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that: (a) The employee has a mental injury caused by extreme stress in time of danger; (b) The primary cause of the injury was an event that arose out of and during the course of his or her employment; and (c) The stress was not caused by his or her layoff, the termination of his or her employment or any disciplinary action taken against him or her. 4. The provisions of this section do not apply to a person who is claiming compensation pursuant to NRS 617.457. (Added to NRS by 1993, 663; A 1993, 2445)—(Substituted in revision for NRS 616.5019) NRS 616C.185 Compensation for mastectomy and reconstructive surgery. 1. If compensation is paid to an employee under chapters 616A to 616D, inclusive, of NRS for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy. 2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for in chapters 616A to 616D, inclusive, of NRS at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery. 3. For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy. (Added to NRS by 1983, 617; A 1989, 1892)—(Substituted in revision for NRS 616.503) NRS 616C.190 Compensation of employee injured out of State. 1. Except as otherwise provided in subsection 4 of NRS 616B.600, if an employee who has been hired or is regularly employed in this State receives a personal injury by an accident arising out of and in the course of such employment outside of this State, the employee, or the dependents of the employee in case of the death of the employee, are entitled to receive compensation according to the law of this State, and such compensation is the exclusive remedy of the employee or dependents. 2. The provisions of this section apply only to those injuries received by the employee within 6 months after leaving this State, unless before the expiration of the 6-month period the employer has filed with the private carrier or, in the case of a self-insured employer or an association of self-insured public or private employers, with the Administrator notice that he or she has elected to extend the coverage for a greater period. [Part 74:168:1947; A 1955, 187]—(NRS A 1981, 1168, 1488; 1989, 579; 1995, 2031; 1999, 1778) NRS 616C.195 Acceptance of compensation or benefits by employee injured out of State constitutes release of employer and waiver of remedy at common law or statutory remedy provided in another state. 1. Anything to the contrary in chapters 616A to 616D, inclusive, of NRS notwithstanding, if an employee who has been hired or is regularly employed in this State receives personal injury by accident arising out of and in the course of such employment outside this State, and the employee, or the dependents of the employee in case of his or her death, accepts any compensation or benefits under the provisions of chapters 616A to 616D, inclusive, of NRS, the acceptance of such compensation shall constitute a waiver by such employee or dependents of all rights and remedies against the employer at common law or given under the laws of any other state, and shall further constitute a full and complete release of such employer from any and all liability arising from such injury or death. 2. No compensation shall be paid to any such employee, or his or her dependents in case of death, until such employee, the employee’s personal or legal representatives, dependents or next of kin shall have executed and delivered to the employer a full and complete release of such employer from any and all liability arising from or growing out of such injury or death. [74.1:168:1947; added 1955, 187]—(Substituted in revision for NRS 616.525) NRS 616C.200 Commencement of action in another state to recover damages or compensation by employee injured out of State constitutes irrevocable waiver of compensation due under Nevada law; satisfaction of foreign judgment against Nevada employer. 1. If an employee who has been hired or is regularly employed in this State receives a personal injury by an accident arising out of and in the course of such employment outside this State, and the employee, or the employee’s personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation from his or her employer for the injury or death, the act of commencing such an action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this State. 2. If the injured employee or the employee’s personal or legal representatives, dependents or next of kin recover a final judgment against the employer for damages arising out of the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this State, up to the full amount thereof, but less any sums previously paid for the injury or death, must be applied in satisfaction of the judgment as follows: (a) Upon receipt of an authenticated copy of the final judgment and writ of execution or other process issued in aid thereof, the insurer shall immediately determine the total amount of compensation which would have been payable under the laws of this State if a claim therefor had been made to the insurer. In the case of compensation payable in installments, the insurer shall convert it into a lump sum by such a system of computation as the Administrator deems proper. (b) The insurer shall thereupon order to be paid in full or partial satisfaction of the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is less. (c) Except for a self-insured employer or an employer who is a member of an association of self-insured public or private employers, if the judgment is satisfied fully by the employer before any payment by the private carrier pursuant to paragraph (b), the amount payable thereunder must be paid to the employer. [74.2:168:1947; added 1955, 187]—(NRS A 1979, 1054; 1981, 1169, 1489; 1995, 2031; 1999, 1778) NRS 616C.205 Compensation not assignable; exempt from attachment, garnishment and execution; accrued compensation payable to dependents. Except as otherwise provided in this section and NRS 31A.150 and 31A.330, compensation payable or paid under chapters 616A to 616D, inclusive, or chapter 617 of NRS, whether determined or due, or not: 1. Is not assignable before the issuance and delivery of the check or the deposit of any payment for compensation pursuant to NRS 616C.409; 2. Is exempt from attachment, garnishment and execution; and 3. Does not pass to any other person by operation of law. Ê In the case of the death of an injured employee covered by chapters 616A to 616D, inclusive, or chapter 617 of NRS from causes independent from the injury for which compensation is payable, any compensation due the employee which was awarded or accrued but for which a check was not issued or delivered or for which payment was not made pursuant to NRS 616C.409 at the date of death of the employee is payable to the dependents of the employee as defined in NRS 616C.505. [Part 66:168:1947; A 1955, 71]—(NRS A 1979, 1055; 1983, 1880; 1985, 1434; 1993, 543; 1999, 221, 3285; 2007, 400) NRS 616C.210 Compensation of nonresident alien dependents; notification of dependent required. 1. The insurer shall notify a dependent of a deceased employee who is residing outside of the United States by certified mail at the last known address of the dependent if compensation is due the decedent or beneficiary pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. The dependent may request that payment be made directly to him or her within 90 calendar days after the notice was mailed. The insurer shall pay compensation which is due a beneficiary directly to the beneficiary if the beneficiary requests payment within 90 calendar days after the notice was mailed. 2. If the insurer does not receive a request that payment be made directly to a beneficiary within 90 days after the notice required by subsection 1 is mailed, payments to the consul general, vice consul general, consul or vice consul of the nation of which any dependent of a deceased employee is a resident or subject, or a representative of such consul general, vice consul general, consul or vice consul, of any compensation due under chapters 616A to 616D, inclusive, or chapter 617 of NRS to any dependent residing outside of the United States, any power of attorney to receive or receipt for the same to the contrary notwithstanding, are as full a discharge of the benefits or compensation payable under those chapters as if payments were made directly to the beneficiary. [Part 66:168:1947; A 1955, 71]—(NRS A 1991, 804; 1999, 221) NRS 616C.215 Actions and proceedings to recover damages in tort or from proceeds of vehicle insurance: Reduction of compensation by amount of recovery; rights of injured employee or dependents and of insurer or Administrator; notification and payment of insurer or Administrator; instructions to jury; calculation of employer’s premium. 1. If an injured employee or, in the event of his or her death, the dependents of the employee, bring an action in tort against his or her employer to recover payment for an injury which is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and, notwithstanding the provisions of NRS 616A.020, receive payment from the employer for that injury: (a) The amount of compensation the injured employee or the dependents of the employee are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount paid by the employer. (b) The insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, has a lien upon the total amount paid by the employer if the injured employee or the dependents of the employee receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. Ê This subsection is applicable whether the money paid to the employee or the dependents of the employee by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from the employer for the injury. 2. When an employee receives an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof: (a) The injured employee, or in case of death the dependents of the employee, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or the dependents of the employee are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury. (b) If the injured employee, or in case of death the dependents of the employee, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of the employee’s dependents to recover therefor. 3. When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances entitling the employee, or in the case of death the dependents of the employee, to receive proceeds under his or her employer’s policy of uninsured or underinsured vehicle coverage: (a) The injured employee, or in the case of death the dependents of the employee, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or the dependents of the employee are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of proceeds received. (b) If an injured employee, or in the case of death the dependents of the employee, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, is subrogated to the rights of the injured employee or the dependents of the employee to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the Administrator are not subrogated to the rights of an injured employee or the dependents of the employee under a policy of uninsured or underinsured vehicle coverage purchased by the employee. (c) Any provision in the employer’s policy of uninsured or underinsured vehicle coverage which has the effect of: (1) Limiting the rights of the injured employee or the dependents of the employee to recover proceeds under the policy because of the receipt of any compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS; (2) Limiting the rights of subrogation of the insurer or Administrator provided by paragraph (b); or (3) Excluding coverage which inures to the direct or indirect benefit of the insurer or Administrator, Ê is void. 4. In any action or proceedings taken by the insurer or the Administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the Uninsured Employers’ Claim Account or a subsequent injury account have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the Administrator recovers more than those amounts, the excess must be paid to the injured employee or the dependents of the employee. 5. In any case where the insurer or the Administrator is subrogated to the rights of the injured employee or of the employee’s dependents as provided in subsection 2 or 3, the insurer or the Administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his or her death the dependents of the employee, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury. 6. The lien provided for pursuant to subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the Uninsured Employers’ Claim Account or a subsequent injury account for the injured employee and the dependents of the employee. 7. An injured employee, or in the case of death the dependents of the employee, or the attorney or representative of the injured employee or the dependents of the employee, shall notify the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, in writing before initiating a proceeding or action pursuant to this section. 8. Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise: (a) The injured employee or the dependents of the employee, or the attorney or representative of the injured employee or the dependents of the employee; and (b) The third-party insurer, Ê shall notify the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, of the recovery and pay to the insurer or the Administrator, respectively, the amount due pursuant to this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or the dependents of the employee and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section. 9. An insurer shall not sell its lien to a third-party insurer unless the injured employee or the dependents of the employee, or the attorney or representative of the injured employee or the dependents of the employee, refuses to provide to the insurer information concerning the action against the third party. 10. In any trial of an action by the injured employee, or in the case of his or her death by the dependents of the employee, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the Administrator. The court shall instruct the jury substantially as follows: Payment of workmen’s compensation benefits by the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his or her favor in this case, the plaintiff is not required to repay his or her employer, the insurer or the Administrator any amount paid to the plaintiff or paid on the behalf of the plaintiff by the plaintiff’s employer, the insurer or the Administrator. If you decide that the plaintiff is entitled to judgment against the defendant, you shall find damages for the plaintiff in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award. 11. To calculate an employer’s premium, the employer’s account with the private carrier must be credited with an amount equal to that recovered by the private carrier from a third party pursuant to this section, less the private carrier’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the private carrier on the injured employee’s claim. 12. As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage. [75:168:1947; A 1949, 659; 1943 NCL § 2680.75]—(NRS A 1957, 519; 1973, 498; 1977, 216, 424; 1979, 1055; 1981, 1491; 1991, 2419; 1993, 621, 742; 1997, 599; 1999, 221, 763, 1779; 2001, 2765; 2007, 3346) NRS 616C.220 Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims; eligibility of employee; liability of employer; powers and duties of Division; appeals; penalty; collection. 1. The Division shall designate one: (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or (b) Insurer, other than a self-insured employer or association of self-insured public or private employers, Ê to administer claims against the Uninsured Employers’ Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator. 2. Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers’ Claim Account if: (a) The employee was hired in this State or is regularly employed in this State; (b) The employee suffers an accident or injury which arises out of and in the course of his or her employment: (1) In this State; or (2) While on temporary assignment outside the State for not more than 12 months; (c) The employee files a claim for compensation with the Division; and (d) The employee makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215. Ê An employee who suffers an accident or injury while on temporary assignment outside the State is not eligible to receive compensation from the Uninsured Employers’ Claim Account unless the employee has been denied workers’ compensation in the state in which the accident or injury occurred. 3. If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim. 4. For the purposes of this section, the employer has the burden of proving that the employer provided mandatory industrial insurance coverage for the employee or that the employer was not required to maintain industrial insurance for the employee. 5. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on behalf of the employer, including any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division. 6. The Division: (a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be: (1) Justified by the circumstances of the claim; (2) Made in accordance with applicable law; and (3) Reasonable and necessary. (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury. (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer. (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer. 7. The Division shall: (a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee. (b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation. Ê Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination. 8. Upon demonstration of the: (a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim, Ê the Division shall authorize payment from the Uninsured Employers’ Claim Account. 9. Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection. 10. Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS 616C.305 and 616C.315. 11. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities. 12. An uninsured employer is liable for the interest on any amount paid on his or her claims from the Uninsured Employers’ Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the account until payment is received by the Division from the employer. 13. Attorney’s fees recoverable by the Division pursuant to this section must be: (a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney. (b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division. Ê Any money collected must be deposited to the Uninsured Employers’ Claim Account. 14. In addition to any other liabilities provided for in this section, the Administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS. 15. If the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section. (Added to NRS by 1975, 599; A 1981, 1197, 1830; 1991, 2408; 1993, 716, 1863; 1995, 579; 1997, 1436; 1999, 1726; 2001, 2739, 2767; 2003, 195, 2306; 2009, 1182) NRS 616C.225 Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies. 1. Except as otherwise provided in this section, if an insurer determines that an employee has knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of chapters 616A to 616D, inclusive, of NRS, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the willful misrepresentation or concealment of a material fact. 2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616C.315 to 616C.385, inclusive. If the final decision by an appeals officer is favorable to the employee, the Administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive, if the Administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment. 3. If an employee elects to receive an award for a permanent partial disability in a lump sum pursuant to NRS 616C.495 and a criminal action is brought against the employee for an alleged violation of NRS 616D.300, the insurer shall, upon receiving notice of the action and until a judgment is entered in the action, pay reasonable portions of the lump-sum award in monthly installments. If the employee is not convicted of the alleged violation, the insurer shall pay the employee the balance of the award in a lump sum. The provisions of subsection 2 do not apply to require any additional payment at the conclusion of a criminal action. 4. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616D.300. (Added to NRS by 1989, 1993; A 1993, 745; 1995, 1873)—(Substituted in revision for NRS 616.563) NRS 616C.230 Grounds for denial, reduction or suspension of compensation; evidence of and examination for use of alcohol or controlled substance. 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury: (a) Caused by the employee’s willful intention to injure himself or herself. (b) Caused by the employee’s willful intention to injure another. (c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his or her injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary. (d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his or her system at the time of his or her injury for which the employee did not have a current and lawful prescription issued in the employee’s name or that the employee was not using in accordance with the provisions of chapter 453A of NRS, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary. 2. For the purposes of paragraphs (c) and (d) of subsection 1: (a) The affidavit or declaration of an expert or other person described in NRS 50.310, 50.315 or 50.320 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355. (b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS. 3. No compensation is payable for the death, disability or treatment of an employee if the employee’s death is caused by, or insofar as the employee’s disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid. 4. If any employee persists in an unsanitary or injurious practice that imperils or retards his or her recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his or her recovery, the employee’s compensation may be reduced or suspended. 5. An injured employee’s compensation, other than accident benefits, must be suspended if: (a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of employment; and (b) It is within the ability of the employee to correct the nonindustrial condition or injury. Ê The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury. [70:168:1947; 1943 NCL § 2680.70] + [71:168:1947; 1943 NCL § 2680.71] + [72:168:1947; 1943 NCL § 2680.72]—(NRS A 1979, 1057; 1981, 1198; 1991, 2421; 1993, 745; 1995, 2153; 1997, 1394, 1421; 1999, 224, 442, 2215; 2001, 3072; 2009, 1280) NRS 616C.232 Denial of compensation for temporary total disability because of discharge for misconduct. 1. If an injured employee is discharged from his or her employment as a result of misconduct, an insurer may deny compensation for temporary total disability to the injured employee because of that discharge for misconduct only if the insurer proves by a preponderance of the evidence that: (a) The injured employee was discharged from his or her employment solely for the employee’s misconduct and not for any reason relating to the employee’s claim for compensation; and (b) It is the injured employee’s discharge from his or her employment for misconduct, and not the injury, that is the sole cause for the injured employee’s inability to return to work with the preinjury employer. 2. An insurer waives its rights under subsection 1 if the insurer does not make a determination to deny or suspend compensation to the injured employee within 70 days after the date on which the insurer learns that the injured employee has been discharged for misconduct. 3. An insurer may not deny any compensation pursuant to this section except for compensation for temporary total disability pursuant to subsection 1. 4. Discharge from employment for reasons other than gross misconduct does not limit an injured employee’s entitlement to receive benefits for temporary total disability. (Added to NRS by 2007, 3343; A 2009, 1281, 3033) NRS 616C.235 Closure of claim by insurer: Procedure; notice; special procedure if medical benefits less than $300. 1. Except as otherwise provided in subsections 2, 3 and 4: (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney. The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the determination, the claimant has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection. (b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim. (c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail. 2. If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $300, the insurer may close the claim at any time after the insurer sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that: (a) The claim is being closed pursuant to this subsection; (b) The injured employee may appeal the closure of the claim pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and (c) If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened. 3. In addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than $300 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed pursuant to subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be: (a) Sent by first-class mail addressed to the last known address of the claimant; and (b) A document that is separate from any other document or form that is used by the insurer. 4. The closure of a claim pursuant to subsection 2 is not effective unless notice is given as required by subsections 2 and 3. 5. In addition to the requirements of this section, an insurer shall include in the written notice described in subsection 2: (a) If an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect; or (b) If an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind. (Added to NRS by 1979, 707; A 1981, 1140, 1492; 1989, 333; 1991, 2421; 1993, 746; 1997, 1437; 1999, 1783, 2416; 2001, 115; 2007, 3349; 2009, 1282) ACCIDENT BENEFITS NRS 616C.245 Injured employee entitled to accident benefits; limitation on receipt of modified motor vehicle as accident benefit; regulations establishing maximum benefit. 1. Every injured employee within the provisions of chapters 616A to 616D, inclusive, of NRS is entitled to receive promptly such accident benefits as may reasonably be required at the time of the injury and within 6 months thereafter. Such benefits may be further extended for additional periods as may be required. 2. An injured employee is entitled to receive as an accident benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if: (a) As a result of an injury arising out of and in the course of his or her employment, the injured employee is quadriplegic, paraplegic or has had a part of his or her body amputated; and (b) The injured employee cannot be fitted with a prosthetic device which allows the employee to operate a motor vehicle safely. 3. If an injured employee is entitled to receive a motor vehicle pursuant to subsection 2, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference: (a) A motor vehicle owned by the injured employee must be so modified if the insurer or employer providing accident benefits determines that it is reasonably feasible to do so. (b) A used motor vehicle must be so modified if the insurer or employer providing accident benefits determines that it is reasonably feasible to do so. (c) A new motor vehicle must be so modified. 4. The Administrator shall adopt regulations establishing a maximum benefit to be paid under the provisions of this section. [Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1957, 28; 1973, 605; 1993, 733; 2003, 2332) NRS 616C.250 Establishment, revision and compliance with standards of care for provision of accident benefits. 1. The Division shall, after consulting with and considering the advice of persons representative of organized labor groups, employers, insurers and providers of health care, adopt regulations establishing standards of care for the provision of accident benefits to employees who have suffered industrial injuries or occupational diseases. The standards must include, but are not limited to criteria and protocols to be used as minimal guides for evaluating and ensuring the quality of programs of treatment and for reviewing the: (a) Utilization of diagnostic procedures and the provision of other medical services; (b) Treatment and expected durations of industrial injuries and occupational diseases; (c) Utilization of narcotic drugs and other forms of medication; (d) Referral of patients to obtain a second opinion; and (e) Provision of care by more than one provider of health care. Ê The standards must be consistent with national or regional guidelines and must be specific to medicine for industrial injuries and occupational diseases. 2. The Division shall, after consulting with and considering the advice of persons representative of organized labor groups, employers, insurers and providers of health care, periodically review and revise as necessary the standards established pursuant to subsection 1. 3. An insurer and each person who provides any accident benefit to an employee who has suffered an industrial injury or occupational disease shall comply with the regulations adopted pursuant to this section. (Added to NRS by 1991, 389; A 1993, 1858)—(Substituted in revision for NRS 616.188) NRS 616C.255 Premium for accident benefits paid by employer; accident benefits provided by private carrier; separate account for accident benefits. 1. Each private carrier shall collect a premium upon the total payroll of every employer insured by the private carrier at the rate filed with the Commissioner pursuant to chapter 686B of NRS. 2. Every employer paying this premium is relieved from furnishing accident benefits, and the accident benefits must be provided by the private carrier. 3. The private carrier is liable for any accident benefits provided in this section. The account provided for accident benefits must be kept as a separate account on the records of the private carrier. [Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1973, 601; 1981, 1475; 1995, 2027; 1997, 1438; 1999, 444, 1784) NRS 616C.260 Fees and charges for accident benefits: Restrictions; establishment and revision of schedule; powers and duties of Administrator; penalty for refusal to provide information; regulations. 1. All fees and charges for accident benefits must not: (a) Exceed the amounts usually billed and paid in the State for similar treatment. (b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked. 2. The Administrator shall, giving consideration to the fees and charges being billed and paid in the State, establish a schedule of reasonable fees and charges allowable for accident benefits provided to injured employees whose insurers have not contracted with an organization for managed care or with providers of health care services pursuant to NRS 616B.527. The Administrator shall review and revise the schedule on or before February 1 of each year. In the revision, the Administrator shall adjust the schedule by the corresponding annual change in the Consumer Price Index, Medical Care Component. 3. The Administrator shall designate a vendor who compiles data on a national basis concerning fees and charges that are billed and paid for treatment or services similar to the treatment and services that qualify as accident benefits in this State to provide the Administrator with such information as the Administrator deems necessary to carry out the provisions of subsection 2. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator. In addition, the Administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the State to provide the Administrator with information concerning fees and charges that are billed and paid in this State for similar services as the Administrator deems necessary to carry out the provisions of subsection 2. The Administrator shall require a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the State that provides records or reports of fees and charges billed and paid pursuant to this section to provide interpretation and identification concerning the information delivered. The Administrator may impose an administrative fine of $500 on a health insurer, health maintenance organization or provider of accident benefits, or an agent or employee of such a person for each refusal to provide the information requested pursuant to this subsection. 4. The Division may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning: (a) Standards for the development of the schedule of fees and charges that are billed and paid; and (b) The monitoring of compliance by providers of benefits with the schedule of fees and charges. 5. The Division shall adopt regulations requiring the use of a system of billing codes as recommended by the American Medical Association. (Added to NRS by 1981, 1454; A 1983, 325, 1294; 1985, 574; 1987, 2148; 1991, 2412; 1993, 723, 1865; 1995, 579; 1999, 1784; 2001, 961) NRS 616C.265 Election by employer to provide accident benefits; reporting requirements; payment of assessments. 1. Except as otherwise provided in NRS 616C.280, every employer operating under chapters 616A to 616D, inclusive, of NRS, alone or together with other employers, may make arrangements to provide accident benefits as defined in those chapters for injured employees. 2. Employers electing to make such arrangements shall notify the Administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the Administrator. 3. Every employer who maintains a hospital of any kind for his or her employees, or who contracts for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the Administrator for the preceding year, which must contain a statement showing: (a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers; (b) An itemized account of the expenditures, investments or other disposition of such fees; and (c) What balance, if any, remains. 4. Every employer who provides accident benefits pursuant to this section: (a) Shall, in accordance with regulations adopted by the Administrator, make a written report to the Division of that employer’s actual and expected annual expenditures for claims and such other information as the Division deems necessary to calculate an estimated or final annual assessment and shall, to the extent that the regulations refer to the responsibility of insurers to make such reports, be deemed to be an insurer. (b) Shall pay the assessments collected pursuant to NRS 232.680 and 616A.430. 5. The reports required by the provisions of subsections 3 and 4 must be verified: (a) If the employer is a natural person, by the employer; (b) If the employer is a partnership, by one of the partners; (c) If the employer is a corporation, by the secretary, president, general manager or other executive officer of the corporation; or (d) If the employer has contracted with a physician or chiropractor for the hospital care of injured employees, by the physician or chiropractor. 6. No employee is required to accept the services of a physician or chiropractor provided by his or her employer, but may seek professional medical services of the employee’s choice as provided in NRS 616C.090. Expenses arising from such medical services must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for the employer’s injured employees. 7. Every employer who fails to notify the Administrator of such election and arrangements, or who fails to render the financial reports required, is liable for accident benefits as provided by NRS 616C.255. [Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1973, 602; 1975, 796; 1981, 1475; 1983, 427; 1985, 1544; 1991, 2413; 1993, 1866; 2001, 2454) NRS 616C.270 Employers to notify Administrator when injured employee receives medical services. 1. Every employer who has elected to provide accident benefits for his or her injured employees shall prepare and submit a written report to the Administrator: (a) Within 6 days after any accident if an injured employee is examined or treated by a physician or chiropractor; and (b) If the injured employee receives additional medical services. 2. The Administrator shall review each report to determine whether the employer is furnishing the accident benefits required by chapters 616A to 616D, inclusive, of NRS. 3. The content and form of the written reports must be prescribed by the Administrator. (Added to NRS by 1977, 393; A 1981, 1476; 1985, 1545)—(Substituted in revision for NRS 616.417) NRS 616C.275 Change of physicians, chiropractors or other requirements; cost of change borne by insurer; cause of action of injured employee assigned to private carrier. 1. If the Administrator finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616C.265 for which he or she has made arrangements, the Administrator may, upon application of the employee, or upon the Administrator’s own motion, order a change of physicians or chiropractors or of any other requirements of accident benefits. 2. If the Administrator orders a change of physicians or chiropractors or of any other accident benefits, the cost of the change must be borne by the insurer. 3. The cause of action of an injured employee against an employer insured by a private carrier must be assigned to the private carrier. [Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1973, 602; 1975, 797; 1981, 1168, 1476; 1985, 308, 1545; 1993, 724; 1995, 2027; 1999, 1785) NRS 616C.280 Withdrawal of approval for employer to provide accident benefits: Grounds supporting withdrawal. The Administrator may withdraw his or her approval of an employer’s providing accident benefits for his or her employees and require the employer to pay the premium collected pursuant to NRS 616C.255 if the employer intentionally: 1. Determines incorrectly that a claimed injury did not arise out of and in the course of the employee’s employment; 2. Fails to advise an injured employee of the employee’s rights under chapters 616A to 616D, inclusive, or chapter 617 of NRS; 3. Impedes the determination of disability or benefits by delaying a needed change of an injured employee’s physician or chiropractor; 4. Causes an injured employee to file a legal action to recover any compensation or other medical benefits due the employee from the employer; 5. Violates any of the Administrator’s or the Division’s regulations regarding the provision of accident benefits by employers; or 6. Discriminates against an employee who claims benefits under chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 1983, 426; A 1985, 1545; 1997, 1438; 1999, 225) NRS 616C.285 Withdrawal of approval for employer to provide accident benefits: Request for hearing; notice of decision. 1. If an employer requests a hearing concerning the withdrawal of approval pursuant to NRS 616C.280, the Administrator shall set a date for a hearing within 20 days after receiving the request, and shall give the employer at least 10 business days’ notice of the time and place of the hearing. 2. A record of the hearing must be kept, but it need not be transcribed unless it is requested by the employer and the employer pays the cost of transcription. 3. Within 5 business days after the hearing, the Administrator shall either affirm or disaffirm the withdrawal of approval and give the employer written notice thereof by certified mail or electronic transmission. (Added to NRS by 1983, 427; A 1997, 1438) CONTESTED CLAIMS NRS 616C.295 Duties of Chief of Hearings Division: Adoption of regulations establishing codes of conduct for hearing officers and appeals officers, standards for initial training and continuing education and qualifications for hearing officers; expediting of certain cases; annual report. 1. The Chief of the Hearings Division shall adopt regulations establishing: (a) A code of conduct for hearing officers who conduct hearings in contested cases for compensation under chapters 616A to 617, inclusive, of NRS; and (b) A code of conduct for appeals officers who conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. 2. The codes of conduct established pursuant to subsection 1 must be designed to ensure fairness and impartiality, and to avoid the appearance of impropriety. 3. The Chief of the Hearings Division shall adopt regulations establishing: (a) Standards for the initial training and continuing education of hearing officers who conduct hearings in contested cases for compensation under chapters 616A to 617, inclusive, of NRS; and (b) Standards for the initial training and continuing education of appeals officers who conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. 4. The standards established pursuant to subsection 3 must, without limitation, include training and continuing education in: (a) The provisions of chapters 616A to 617, inclusive, of NRS; (b) Dispute resolution; and (c) Mediation. 5. The Chief of the Hearings Division shall: (a) Prescribe by regulation the qualifications required before a person may, pursuant to chapters 616A to 617, inclusive, of NRS, serve as a hearing officer. (b) Provide for the expediting of the hearing of cases that involve the termination or denial of compensation. 6. From the cases heard each year by hearing officers and appeals officers regarding claims for benefits by injured employees, the Chief of the Hearings Division shall prepare an annual report which itemizes, on the basis of each insurer and third-party administrator, the number of cases affirmed, reversed, remanded and resolved by other disposition involving that insurer or third-party administrator, including a breakdown of that information by the type of benefits denied by the insurer or third-party administrator. 7. As used in this section, “Chief of the Hearings Division” means the Chief of the Hearings Division of the Department of Administration. (Added to NRS by 1991, 2396; A 2005, 101; 2007, 3350) NRS 616C.300 Hearing officers: Appointment; salary; disqualification from particular case. 1. The Director of the Department of Administration shall appoint one or more hearing officers to conduct hearings in contested cases for compensation under chapters 616A to 617, inclusive, of NRS. Each hearing officer shall serve at the pleasure of the Director of the Department of Administration. Each hearing officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the State. 2. If a hearing officer determines that he or she has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him or her, the hearing officer shall disqualify himself or herself from hearing the case and the case must be assigned to another hearing officer. (Added to NRS by 1993, 669)—(Substituted in revision for NRS 616.184) NRS 616C.305 Procedure for appeal of final determination of organization for managed care which has contracted with insurer. 1. Except as otherwise provided in subsection 3, any person who is aggrieved by a final determination concerning accident benefits made by an organization for managed care which has contracted with an insurer must, within 14 days of the determination and before requesting a resolution of the dispute pursuant to NRS 616C.345 to 616C.385, inclusive, appeal that determination in accordance with the procedure for resolving complaints established by the organization for managed care. 2. The procedure for resolving complaints established by the organization for managed care must be informal and must include, but is not limited to, a review of the appeal by a qualified physician or chiropractor who did not make or otherwise participate in making the determination. 3. If a person appeals a final determination pursuant to a procedure for resolving complaints established by an organization for managed care and the dispute is not resolved within 14 days after it is submitted, the person may request a resolution of the dispute pursuant to NRS 616C.345 to 616C.385, inclusive. (Added to NRS by 1993, 691; A 1993, 2452; 1995, 2149; 1999, 2216) NRS 616C.310 Contested cases: Procedures; format; redaction of personal identifying information; representation of insurer or employer by legal counsel or other agent. 1. The Chief of the Hearings Division of the Department of Administration: (a) May by regulation provide for specific procedures for the determination of contested cases. (b) Shall develop a format to be used by hearing officers to indicate their findings in contested cases. (c) Shall adopt regulations to provide for the redaction of personal identifying information of a person filing a claim for compensation from a document relating to the contested case of the person, unless the identity of the person is at issue. As used in this paragraph, “personal identifying information” means any information which would identify a person, including, without limitation, an address, a birth date or a social security number. 2. An insurer or employer may be represented in a contested case by private legal counsel or by any other agent. (Added to NRS by 1973, 1596; A 1975, 761; 1977, 1389; 1979, 1042; 1985, 50; 1991, 2417; 2005, 2511; 2005, 22nd Special Session, 97) NRS 616C.315 Request for hearing; forms for request to be provided by insurer; prerequisites to scheduling of hearing; expeditious and informal hearing required; direct submission to appeals officer. 1. Any person who is subject to the jurisdiction of the hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officer’s authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them. 2. A hearing must not be scheduled until the following information is provided to the hearing officer: (a) The name of: (1) The claimant; (2) The employer; and (3) The insurer or third-party administrator; (b) The number of the claim; and (c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination. 3. Except as otherwise provided in NRS 616B.772, 616B.775, 616B.787, 616C.305 and 616C.427, a person who is aggrieved by: (a) A written determination of an insurer; or (b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved, Ê may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must include the information required pursuant to subsection 2 and, except as otherwise provided in subsections 4 and 5, must be filed within 70 days after the date on which the notice of the insurer’s determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request. 4. The period specified in subsection 3 within which a request for a hearing must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that the person was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of his or her spouse, parent or child. 5. Failure to file a request for a hearing within the period specified in subsection 3 may be excused if the person aggrieved shows by a preponderance of the evidence that the person did not receive the notice of the determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address. 6. The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable. 7. The parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer. 8. A claimant may, with regard to a contested claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 as described in subsection 2 of NRS 616C.345, submit the contested claim directly to an appeals officer pursuant to subsection 2 of NRS 616C.345 without the agreement of any other party. (Added to NRS by 1979, 1040; A 1981, 1490; 1983, 1294; 1985, 668; 1991, 834, 2417; 1993, 736; 1999, 3380; 2001, 2256; 2003, 2333; 2007, 3351; 2009, 1283) NRS 616C.320 Resolution of disputed decision of self-insured employer or employer who is member of association of self-insured public or private employers or insured by private carrier. If an employee of a self-insured employer, an employer who is a member of an association of self-insured public or private employers or an employer insured by a private carrier is dissatisfied with a decision of his or her employer, the association or the private carrier, the employee may seek to resolve the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. (Added to NRS by 1979, 1039; A 1993, 737; 1995, 2032) NRS 616C.325 Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer; licensure of employer’s representative; employer liable for representative’s violations; compensation of employer’s representative must not be contingent on outcome. 1. It is unlawful for any person to represent an employee before a hearings officer, or in any negotiations, settlements, hearings or other meetings with an insurer concerning the employee’s claim or possible claim, unless the person is: (a) Employed full-time by the employee’s labor organization; (b) Admitted to practice law in this State; (c) Employed full-time by and under the supervision of an attorney admitted to practice law in this State; or (d) Appearing without compensation on behalf of the employee. Ê It is unlawful for any person who is not admitted to practice law in this State to represent the employee before an appeals officer. 2. It is unlawful for any person to represent an employer at hearings of contested cases unless that person is: (a) Employed full-time by the employer or a trade association to which the employer belongs that is not formed solely to provide representation at hearings of contested cases; (b) An employer’s representative licensed pursuant to subsection 3 who is not licensed as a third-party administrator; (c) Admitted to practice law in this State; or (d) A licensed third-party administrator. 3. The Director of the Department of Administration shall adopt regulations which include the: (a) Requirements for licensure of employers’ representatives, including: (1) The registration of each representative; and (2) The filing of a copy of each written agreement for the compensation of a representative; (b) Procedure for such licensure; and (c) Causes for revocation of such a license, including any applicable action listed in NRS 616D.120 or a violation of this section. 4. Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter or chapter 616A, 616B, 616D or 617 of NRS, the employer is liable for any penalty assessed because of that violation. 5. An employer shall not make the compensation of any person representing the employer contingent in any manner upon the outcome of any contested claim. 6. The Director of the Department of Administration shall collect in advance and deposit with the State Treasurer for credit to the State General Fund the following fees for licensure as an employer’s representative: (a) Application and license.......................................................................................... $78 (b) Triennial renewal of each license........................................................................... 78 (Added to NRS by 1987, 2140; A 1989, 527; 1993, 737, 2453, 2458; 1995, 2149; 1999, 225) NRS 616C.330 Date, time and place for hearing; evaluation of injured employee; powers and duties of hearing officer; issuance of decision; procedure for obtaining stay of decision. 1. The hearing officer shall: (a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his or her receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer; (b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and (c) Conduct hearings expeditiously and informally. 2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers. 3. If necessary to resolve a medical question concerning an injured employee’s condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may order an independent medical examination, which must not involve treatment, and refer the employee to a physician or chiropractor of his or her choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurer’s panel of providers of health care. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer. 4. The hearing officer may consider the opinion of an examining physician or chiropractor, in addition to the opinion of an authorized treating physician or chiropractor, in determining the compensation payable to the injured employee. 5. If an injured employee has requested payment for the cost of obtaining a second determination of his or her percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less. 6. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied. 7. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing. 8. The hearing officer shall render his or her decision within 15 days after: (a) The hearing; or (b) The hearing officer receives a copy of the report from the medical examination the hearing officer requested. 9. The hearing officer shall render a decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration. 10. The hearing officer shall give notice of the decision to each party by mail. The hearing officer shall include with the notice of the decision the necessary forms for appealing from the decision. 11. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay. (Added to NRS by 1979, 1040; A 1983, 645; 1985, 669, 864, 1547; 1991, 835, 2418; 1993, 738; 1995, 2150; 1999, 1785, 2217; 2001, 115, 1895; 2003, 2333, 2808; 2005, 238, 1267; 2007, 3352; 2009, 3033) NRS 616C.335 Award of interest. If a contested claim for compensation is decided in favor of the claimant, he or she is entitled to an award of interest at the rate of 9 percent on the amount of compensation due the claimant from the date the payment on the claim would be due until the date that payment is made. (Added to NRS by 1989, 687; A 1989, 2002)—(Substituted in revision for NRS 616.5418) NRS 616C.340 Appointment, term, qualifications and salary of appeals officers and special appeals officers; conflicts of interest; finality of decision by appeals officer. 1. The Governor shall appoint one or more appeals officers to conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. Each appeals officer shall hold office for 2 years after the date of his or her appointment and until the successor of the appeals officer is appointed and has qualified. Each appeals officer is entitled to receive an annual salary in an amount provided by law and is in the unclassified service of the State. 2. Each appeals officer must be an attorney who has been licensed to practice law before all the courts of this State for at least 2 years. Except as otherwise provided in NRS 7.065, an appeals officer shall not engage in the private practice of law. 3. If an appeals officer determines that he or she has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him or her, the appeals officer shall disqualify himself or herself from hearing the case. 4. The Governor may appoint one or more special appeals officers to conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS. The Governor shall not appoint an attorney who represents persons in actions related to claims for compensation to serve as a special appeals officer. 5. A special appeals officer appointed pursuant to subsection 4 is vested with the same powers as a regular appeals officer. A special appeals officer may hear any case in which a regular appeals officer has a conflict, or any case assigned to the special appeals officer by the senior appeals officer to assist with a backlog of cases. A special appeals officer is entitled to be paid at an hourly rate, as determined by the Department of Administration. 6. The decision of an appeals officer is the final and binding administrative decision on a claim for compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS, and the whole record consists of all evidence taken at the hearing before the appeals officer and any findings of fact and conclusions of law based thereon. (Added to NRS by 1973, 1595; A 1975, 764; 1977, 84, 315, 316; 1979, 1055; 1981, 409; 1983, 357, 1010; 1989, 204; 1993, 738; 1997, 3234; 2003, 1672, 2308; 2007, 3353) NRS 616C.345 Notice of appeal; notice of contested claim; prerequisites to scheduling of hearing on appeal; effect of appeal on enforcement of decision of hearing officer; setting of date, time and place for hearing on appeal; continuances. 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by, except as otherwise provided in subsections 9 and 10, filing a notice of appeal with an appeals officer within 30 days after the date of the decision. 2. A claimant aggrieved by a written determination of the denial of a claim, in whole or in part, by an insurer, or the failure of an insurer to respond in writing within 30 days to a written request of the claimant mailed to the insurer, concerning a claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 may file a notice of a contested claim with an appeals officer. The notice must include the information required pursuant to subsection 3 and, except as otherwise provided in subsections 9 and 11, must be filed within 70 days after the date on which the notice of the insurer’s determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond in writing to a written request for a determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request. The insurer shall provide, without cost, the forms necessary to file a notice of a contested claim to any person who requests them. 3. A hearing must not be scheduled until the following information is provided to the appeals officer: (a) The name of: (1) The claimant; (2) The employer; and (3) The insurer or third-party administrator; (b) The number of the claim; and (c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination. 4. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and: (a) A final determination was rendered pursuant to that procedure; or (b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted, Ê any party to the dispute may, except as otherwise provided in subsections 9 and 10, file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or the dependent of the employee, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request. 5. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay. 6. Except as otherwise provided in subsections 3 and 7, within 10 days after receiving a notice of appeal pursuant to this section or NRS 616C.220, 616D.140 or 617.401, or within 10 days after receiving a notice of a contested claim pursuant to subsection 7 of NRS 616C.315, the appeals officer shall: (a) Schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and (b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled. 7. Except as otherwise provided in subsection 12, a request to schedule the hearing for a date and time which is: (a) Within 60 days after the receipt of the notice of appeal or contested claim; or (b) More than 90 days after the receipt of the notice or claim, Ê may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request. 8. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown. 9. The period specified in subsection 1, 2 or 4 within which a notice of appeal or a notice of a contested claim must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that the person was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of the person’s spouse, parent or child. 10. Failure to file a notice of appeal within the period specified in subsection 1 or 4 may be excused if the party aggrieved shows by a preponderance of the evidence that he or she did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address. 11. Failure to file a notice of a contested claim within the period specified in subsection 2 may be excused if the claimant shows by a preponderance of the evidence that he or she did not receive the notice of the determination and the forms necessary to file the notice. The claimant or employer shall notify the insurer of a change of address. 12. Within 10 days after receiving a notice of a contested claim pursuant to subsection 2, the appeals officer shall: (a) Schedule a hearing on the merits of the contested claim for a date and time within 60 days after his or her receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and (b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents within 10 days after scheduling the hearing. Ê The scheduled date must allow sufficient time for full disclosure, exchange and examination of medical and other relevant information. A party may not introduce information at the hearing which was not previously disclosed to the other parties unless all parties agree to the introduction. (Added to NRS by 1979, 1040; A 1981, 1198; 1983, 358; 1985, 50, 669; 1991, 2418; 1993, 739, 2441; 1995, 2151; 1997, 3235; 1999, 2218; 2003, 1672, 2308, 2335, 2810; 2007, 3354; 2009, 1284) NRS 616C.350 Testimony of physician or chiropractor before appeals officer; privileged communications. 1. Any physician or chiropractor who attends an employee within the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician or chiropractor who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his or her own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians or chiropractors. These fees must be paid by the insurer. 2. Information gained by the attending physician or chiropractor while in attendance on the injured employee is not a privileged communication if: (a) Required by an appeals officer for a proper understanding of the case and a determination of the rights involved; or (b) The information is related to any fraud that has been or is alleged to have been committed in violation of the provisions of this chapter or chapter 616A, 616B, 616D or 617 of NRS. [Part 52:168:1947; 1943 NCL § 2680.52]—(NRS A 1975, 763; 1977, 314; 1981, 1197, 1471; 1985, 1543; 1993, 715; 1995, 1872, 2023; 1997, 583; 1999, 226) NRS 616C.355 Use of affidavits or declarations as evidence at hearing; notice to opposing party; waiver of right to cross-examine affiant or declarant; effect of waiver. At any time 10 or more days before a scheduled hearing before an appeals officer, the Administrator or the Administrator’s designee, a party shall mail or deliver to the opposing party any affidavit or declaration which the party proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit or declaration, mails or delivers to the proponent a request to cross-examine the affiant or declarant, the opposing party’s right to cross-examine the affiant or declarant is waived and the affidavit or declaration, if introduced into evidence, will have the same effect as if the affiant or declarant had given sworn testimony before the appeals officer, the Administrator or the Administrator’s designee. (Added to NRS by 1975, 761; A 1977, 84; 1981, 1490; 1983, 358; 1993, 740; 1997, 1422; 1999, 1728) NRS 616C.360 Record of hearing before appeals officer; rules of evidence; evaluation of injured employee; submission to external review organization; powers and duties of appeals officer; transcripts; issuance of decision. 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing. 2. The appeals officer must hear any matter raised before him or her on its merits, including new evidence bearing on the matter. 3. If there is a medical question or dispute concerning an injured employee’s condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may: (a) Order an independent medical examination and refer the employee to a physician or chiropractor of his or her choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurer’s panel of providers of health care. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer. (b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner. 4. The appeals officer may consider the opinion of an examining physician or chiropractor, in addition to the opinion of an authorized treating physician or chiropractor, in determining the compensation payable to the injured employee. 5. If an injured employee has requested payment for the cost of obtaining a second determination of his or her percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less. 6. The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied. 7. Any party to the appeal or contested case or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders. 8. Except as otherwise provided in subsection 9, the appeals officer shall render a decision: (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or (b) If a transcript has not been ordered, within 30 days after the date of the hearing. 9. The appeals officer shall render a decision on a contested claim submitted pursuant to subsection 2 of NRS 616C.345 within 15 days after: (a) The date of the hearing; or (b) If the appeals officer orders an independent medical examination, the date the appeals officer receives the report of the examination, Ê unless both parties to the contested claim agree to a later date. 10. The appeals officer may affirm, modify or reverse any decision made by a hearing officer and issue any necessary and proper order to give effect to his or her decision. (Added to NRS by 1979, 1040; A 1987, 92; 1991, 2419; 1993, 740; 1999, 1786, 2219; 2001, 115, 1896; 2003, 2336; 2005, 239, 1269; 2007, 3355; 2009, 1286, 3035) NRS 616C.363 External review: Duties of external review organization; contents and submission of decision by organization; costs; regulations. 1. Not later than 5 business days after the date that an external review organization receives a request for an external review, the external review organization shall: (a) Review the documents and materials submitted for the external review; and (b) Notify the injured employee, his or her employer and the insurer whether the external review organization needs any additional information to conduct the external review. 2. The external review organization shall render a decision on the matter not later than 15 business days after the date that it receives all information that is necessary to conduct the external review. 3. In conducting the external review, the external review organization shall consider, without limitation: (a) The medical records of the insured; (b) Any recommendations of the physician of the insured; and (c) Any other information approved by the Commissioner for consideration by an external review organization. 4. In its decision, the external review organization shall specify the reasons for its decision. The external review organization shall submit a copy of its decision to: (a) The injured employee; (b) The employer; (c) The insurer; and (d) The appeals officer, if any. 5. The insurer shall pay the costs of the services provided by the external review organization. 6. The Commissioner may adopt regulations to govern the process of external review and to carry out the provisions of this section. Any regulations adopted pursuant to this section must provide that: (a) All parties must agree to the submission of a matter to an external review organization before a request for external review may be submitted; (b) A party may not be ordered to submit a matter to an external review organization; and (c) The findings and decisions of an external review organization are not binding. (Added to NRS by 2003, 2332) NRS 616C.365 Reimbursement of employee’s expenses incurred and wages lost as result of hearing requested by employer or insurer; regulations. 1. If an employer or insurer requests a hearing before a hearing officer or appeals officer relating to a claim for compensation, and the hearing results in a decision favorable to the employee, the employee is entitled to receive reimbursement from the insurer for: (a) The employee’s actual expenses necessarily incurred for travel to and from the hearing, if the employee is required to travel more than 20 miles one way from his or her residence or place of employment to the hearing; and (b) Any regular wages lost as a result of his or her attending the hearing. 2. The Division shall adopt regulations governing the procedure and forms to be used for the reimbursement provided by subsection 1. (Added to NRS by 1985, 1575; A 1993, 1870)—(Substituted in revision for NRS 616.5428) NRS 616C.370 Judicial review. 1. No judicial proceedings may be instituted for compensation for an injury or death under chapters 616A to 616D, inclusive, of NRS unless: (a) A claim for compensation is filed as provided in NRS 616C.020; and (b) A final decision of an appeals officer has been rendered on such claim. 2. Judicial proceedings instituted for compensation for an injury or death, under chapters 616A to 616D, inclusive, of NRS are limited to judicial review of the decision of an appeals officer. (Added to NRS by 1973, 1596; A 1977, 84, 315, 317; 1993, 740)—(Substituted in revision for NRS 616.543) NRS 616C.375 Stay of decision of appeals officer. If an insurer, employer or claimant, or the representative of an insurer, employer or claimant, appeals the decision of an appeals officer, that decision is not stayed unless a stay is granted by the appeals officer or the district court within 30 days after the date on which the decision was rendered. (Added to NRS by 1991, 2394)—(Substituted in revision for NRS 616.5433) NRS 616C.380 Payment pending appeal when decision not stayed; effect of final resolution of claim. 1. If a hearing officer, appeals officer or district court renders a decision on a claim for compensation and the insurer or employer appeals that decision, but is unable to obtain a stay of the decision: (a) Payment of that portion of an award for a permanent partial disability which is contested must be made in installment payments until the claim reaches final resolution. (b) Payment of the award must be made in monthly installments of 66 2/3 percent of the average wage of the claimant until the claim reaches final resolution if the claim is for more than 3 months of past benefits for a temporary total disability or rehabilitation, or for a payment in lump sum related to past benefits for rehabilitation, such as costs for purchasing a business or equipment. 2. If the final resolution of the claim is in favor of the claimant, the remaining amount of compensation to which the claimant is entitled may be paid in a lump sum if the claimant is otherwise eligible for such a payment pursuant to NRS 616C.495 and any regulations adopted pursuant thereto. If the final resolution of the claim is in favor of the insurer or employer, any amount paid to the claimant in excess of the uncontested amount must be deducted from any future benefits related to that claim, other than medical benefits, to which the claimant is entitled. The deductions must be made in a reasonable manner so as not to create an undue hardship to the claimant. (Added to NRS by 1989, 687; A 1995, 2152)—(Substituted in revision for NRS 616.5435) NRS 616C.385 Costs and attorney’s fees for frivolous petitions for judicial review. If a party petitions the district court for judicial review of a final decision of an appeals officer, the Administrator or the Administrator’s designee, and the petition is found by the district court to be frivolous or brought without reasonable grounds, the district court may order costs and a reasonable attorney’s fee to be paid by the petitioner. (Added to NRS by 1975, 761; A 1977, 316; 1983, 358; 1993, 741; 1999, 1728) NRS 616C.390 Reopening claim: General requirements and procedure; limitations; applicability. Except as otherwise provided in NRS 616C.392: 1. If an application to reopen a claim to increase or rearrange compensation is made in writing more than 1 year after the date on which the claim was closed, the insurer shall reopen the claim if: (a) A change of circumstances warrants an increase or rearrangement of compensation during the life of the claimant; (b) The primary cause of the change of circumstances is the injury for which the claim was originally made; and (c) The application is accompanied by the certificate of a physician or a chiropractor showing a change of circumstances which would warrant an increase or rearrangement of compensation. 2. After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the physician or chiropractor treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant. 3. If a claimant applies for a claim to be reopened pursuant to subsection 1 or 2 and a final determination denying the reopening is issued, the claimant shall not reapply to reopen the claim until at least 1 year after the date on which the final determination is issued. 4. Except as otherwise provided in subsection 5, if an application to reopen a claim is made in writing within 1 year after the date on which the claim was closed, the insurer shall reopen the claim only if: (a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant; and (b) There is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made. 5. An application to reopen a claim must be made in writing within 1 year after the date on which the claim was closed if: (a) The claimant was not off work as a result of the injury; and (b) The claimant did not receive benefits for a permanent partial disability. Ê If an application to reopen a claim to increase or rearrange compensation is made pursuant to this subsection, the insurer shall reopen the claim if the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met. 6. If an employee’s claim is reopened pursuant to this section, the employee is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before the claim was reopened, the employee: (a) Retired; or (b) Otherwise voluntarily removed himself or herself from the workforce, Ê for reasons unrelated to the injury for which the claim was originally made. 7. One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection. 8. An increase or rearrangement of compensation is not effective before an application for reopening a claim is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor. 9. A claim that closes pursuant to subsection 2 of NRS 616C.235 and is not appealed or is unsuccessfully appealed pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive, may not be reopened pursuant to this section. 10. The provisions of this section apply to any claim for which an application to reopen the claim or to increase or rearrange compensation is made pursuant to this section, regardless of the date of the injury or accident to the claimant. If a claim is reopened pursuant to this section, the amount of any compensation or benefits provided must be determined in accordance with the provisions of NRS 616C.425. [56:168:1947; 1943 NCL § 2680.56] + [57:168:1947; 1943 NCL § 2680.57]—(NRS A 1971, 770; 1981, 1198, 1831; 1983, 285, 1294; 1985, 1547; 1993, 741, 2441; 1995, 2152; 1999, 1787; 2005, 1491) NRS 616C.392 Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability. 1. An insurer shall reopen a claim to consider the payment of compensation for a permanent partial disability if: (a) The claim was closed and the claimant was not scheduled for an evaluation of the injury in accordance with NRS 616C.490; (b) The claimant demonstrates by a preponderance of the evidence that, at the time that the case was closed, the claimant was, because of the injury, qualified to be scheduled for an evaluation for a permanent partial disability; and (c) The insurer has violated a provision of NRS 616D.120 with regard to the claim. 2. The demonstration required pursuant to paragraph (b) of subsection 1 must be made with documentation that existed at the time that the case was closed. 3. Notwithstanding any specific statutory provision to the contrary, the consideration of whether a claimant is entitled to payment of compensation for a permanent partial disability for a claim that is reopened pursuant to this section must be made in accordance with the provisions of the applicable statutory and regulatory provisions that existed on the date on which the claim was closed, including, without limitation, using the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that was applicable on the date the claim was closed. (Added to NRS by 2005, 1491) COMPENSATION FOR INJURIES AND DEATH General Provisions NRS 616C.400 Minimum duration of incapacity. 1. Temporary compensation benefits must not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation must then be computed from the date of the injury. 2. The period prescribed in this section does not apply to: (a) Accident benefits, whether they are furnished pursuant to NRS 616C.255 or 616C.265, if the injured employee is otherwise covered by the provisions of chapters 616A to 616D, inclusive, of NRS and entitled to those benefits. (b) Compensation paid to the injured employee pursuant to subsection 1 of NRS 616C.477. [69:168:1947; 1943 NCL § 2680.69]—(NRS A 1975, 254; 1987, 922; 2005, 101) NRS 616C.405 Limitations on benefits received by employee. Except as otherwise provided in subsection 4 of NRS 616C.440, an employee who is receiving compensation for: 1. A permanent total disability is not entitled to compensation for permanent partial disability during the period when the employee is receiving compensation for the permanent total disability. 2. A temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability. 3. A temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability. (Added to NRS by 1983, 431; A 1995, 2159)—(Substituted in revision for NRS 616.613) NRS 616C.408 Restrictive endorsements on checks issued by insurers. 1. An insurer shall not issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of permanent total disability benefits that includes a restrictive endorsement. 2. An insurer may issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of temporary total disability, temporary partial disability, permanent partial disability, rehabilitation maintenance benefits or compensation paid pursuant to subsection 1 of NRS 616C.477 that includes a restrictive endorsement. 3. If an insurer issues a check that includes a restrictive endorsement pursuant to subsection 2, the restrictive endorsement must: (a) Clearly and accurately state the restrictive conditions; and (b) Not provide for any condition or restriction not authorized under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 2003, 1247; A 2005, 101) NRS 616C.409 Direct deposit of compensation. 1. Each employee or dependent of an employee who receives compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a permanent total disability, death or a permanent partial disability that was not paid in a lump sum pursuant to NRS 616C.495 may submit to the insurer or third-party administrator who pays the compensation a written notice directing the insurer or third-party administrator to deposit the compensation directly into the account of the employee or dependent specified by the employee or dependent in the written notice. 2. If an insurer or third-party administrator receives a written notice from an employee or dependent of an employee pursuant to subsection 1, the insurer or third-party administrator shall, in lieu of issuing a check, deposit the compensation paid by the insurer or third-party administrator directly into the account specified by the employee or dependent in the written notice. (Added to NRS by 2007, 399) NRS 616C.410 Prohibition of settlements paid in lump sum; exceptions. Except as otherwise provided by NRS 616C.380, 616C.427, 616C.495, 616C.505, 616C.580 and 616C.595, the insurer shall not make or allow any lump-sum settlements. [65:168:1947; A 1949, 659; 1943 NCL § 2680.65]—(NRS A 1959, 204; 1966, 48; 1967, 691; 1971, 320; 1973, 535; 1975, 607; 1981, 1172, 1497; 1983, 430, 646; 1987, 1466; 1989, 688; 1991, 2426; 1993, 754; 2007, 3356) NRS 616C.412 Purchase of annuity by insurer to ensure payment of claim; adoption of regulations by Commissioner. 1. An insurer may purchase an annuity to ensure the payment of a claim filed with the insurer pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. 2. The Commissioner shall adopt such regulations as are necessary to carry out the provisions of this section. (Added to NRS by 1997, 1425) NRS 616C.415 Written explanation of alternative settlements to be given to employee or dependents. 1. Every injured employee, widow, widower or dependent, within the provisions of chapters 616A to 616D, inclusive, of NRS, is entitled to receive from a qualified employee of the insurer an explanation of the various alternatives implicit in lump-sum compensation or other settlement pursuant to those chapters and the long-range effects of a determination made as to one or the other kind of settlement. 2. The insurer shall provide a written explanation of the alternatives pursuant to subsection 1. 3. Upon selecting an alternative, the injured employee, widow, widower or dependent shall provide his or her selection in writing to the insurer. (Added to NRS by 1971, 770; A 1981, 1497; 1991, 2426)—(Substituted in revision for NRS 616.623) NRS 616C.420 Method of determining average monthly wage. The Administrator shall provide by regulation for a method of determining average monthly wage. (Added to NRS by 1981, 1196; A 1981, 1829; 1983, 1296)—(Substituted in revision for NRS 616.624) NRS 616C.425 Date of determination of amount of compensation and benefits. Except as otherwise provided by a specific statute: 1. The amount of compensation and benefits and the person or persons entitled thereto must be determined as of the date of the accident or injury to the employee, and their rights thereto become fixed as of that date. 2. If the employee incurs a subsequent injury or disability that primarily arises from a previous accident or injury that arose out of and in the course of his or her employment, the date of the previous accident or injury must be used to determine the amount of compensation and benefits to which the claimant is entitled. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1961, 278; 1963, 1146; 1971, 321; 1981, 1226; 1985, 1461; 1993, 754; 1995, 2160)—(Substituted in revision for NRS 616.625) NRS 616C.427 Challenge to determination of average monthly wage; remedy for incorrect average monthly wage. 1. Notwithstanding the provisions of subsection 3 of NRS 616C.315 and except as otherwise provided in this section, if an injured employee is receiving compensation based on a calculation of the average monthly wage of the injured employee as determined pursuant to the regulations adopted by the Administrator pursuant to NRS 616C.420, the injured employee or the employer may request a hearing before a hearing officer pursuant to the provisions of NRS 616C.315 to 616C.385, inclusive, asking for a recalculation of the average monthly wage of the injured employee. 2. The injured employee is entitled to have his or her average monthly wage recalculated if the injured employee proves by a preponderance of the evidence that the insurer calculated the average monthly wage improperly or incorrectly as a result of: (a) The use of any improper or incorrect information or methodology; (b) The failure to use any proper or correct information or methodology; (c) Any error of law or fact; or (d) Any other error, omission, neglect or wrongful act. 3. If the injured employee proves that the insurer calculated his or her average monthly wage improperly or incorrectly, resulting in an underpayment of compensation: (a) The insurer shall: (1) Increase the injured employee’s future compensation based on the correct average monthly wage; and (2) Pay the injured employee a lump sum in an amount equal to the underpayment of compensation for the period during which the insurer was using the incorrect average monthly wage; and (b) The remedy provided in paragraph (a) is the sole remedy for the underpayment and the insurer is not subject to the imposition of any fine or benefit penalty therefor. 4. If the hearing officer determines that the calculation of the average monthly wage resulted in an overpayment of compensation, the insurer may require the injured employee to repay to the insurer an amount equal to the overpayment received by the injured employee during any one 30-day period. 5. The average monthly wage of an injured employee may not be challenged by the insurer, the employer or the injured employee after the date on which any portion of an award for permanent partial disability is paid or the claim closes, whichever occurs first. 6. The provisions of this section do not apply if the issue of the average monthly wage of the injured employee was previously adjudicated to a final decision in: (a) A hearing before a hearing officer or appeals officer pursuant to the provisions of NRS 616C.315 to 616C.385, inclusive; or (b) Any proceedings for judicial review. (Added to NRS by 2007, 3342) NRS 616C.430 Reduction of compensation by amount of federal disability insurance benefits received by employee. Repealed. (See chapter 297, Statutes of Nevada 2009, at page 1288.) Permanent Total Disability NRS 616C.435 Injuries deemed total and permanent. 1. In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent: (a) The total and permanent loss of sight of both eyes. (b) The loss by separation of both legs at or above the knee. (c) The loss by separation of both arms at or above the elbow. (d) An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm. (e) An injury to the skull resulting in incurable imbecility or insanity. (f) The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee. 2. The enumeration in subsection 1 is not exclusive, and in all other cases permanent total disability must be determined by the insurer in accordance with the facts presented. [60:168:1947; 1943 NCL § 2680.60]—(NRS A 1981, 1492)—(Substituted in revision for NRS 616.575) NRS 616C.440 Amount and duration of compensation; limitations; effect of previous award of compensation. 1. Except as otherwise provided in this section and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his or her dependents as defined in chapters 616A to 616D, inclusive, of NRS, is entitled to receive the following compensation for permanent total disability: (a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage. (b) If there is a previous disability, as the loss of one eye, one hand, one foot or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury, but such a deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability. The total amount of the allowable deduction includes, without limitation, compensation for a permanent partial disability that was deducted from: (1) Any compensation the employee received for a temporary total disability; or (2) Any other compensation received by the employee. (c) If the character of the injury is such as to render the employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616C.265. 2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a permanent total disability during the time the injured employee is incarcerated. The injured employee or his or her dependents are entitled to receive those benefits when the injured employee is released from incarceration if the injured employee is certified as permanently totally disabled by a physician or chiropractor. 3. An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists. 4. If an employee who has received compensation in a lump sum for a permanent partial disability pursuant to NRS 616C.495 is subsequently determined to be permanently and totally disabled, the insurer of the employee’s employer shall recover pursuant to this subsection the actual amount of the lump sum paid to the employee for the permanent partial disability. The insurer shall not recover from the employee, whether by deductions or single payment, or a combination of both, more than the actual amount of the lump sum paid to the employee. To recover the actual amount of the lump sum, the insurer shall: (a) Unless the employee submits a request described in paragraph (b), deduct from the compensation for the permanent total disability an amount that is not more than 10 percent of the rate of compensation for a permanent total disability until the actual amount of the lump sum paid to the employee for the permanent partial disability is recovered; or (b) Upon the request of the employee, accept in a single payment from the employee an amount that is equal to the actual amount of the lump sum paid to the employee for the permanent partial disability, less the actual amount of all deductions made to date by the insurer from the employee for repayment of the lump sum. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1959, 614; 1961, 278; 1965, 319; 1966, 42; 1969, 472; 1971, 322; 1973, 530; 1985, 1765; 1993, 746; 1995, 2154; 1997, 3347; 1999, 1788; 2003, 481) NRS 616C.445 Recipient of compensation to report annual earnings; payments suspended if report not made. Each former employee receiving benefits for a permanent total disability shall report annually on the anniversary date of the award to the insurer all of the former employee’s employment for the prior 12-month period. In the event the former employee fails to make the report to the insurer within 30 days following the anniversary date, the insurer shall notify the employer and the employee that the report has not been received and the insurer may then order any further payments suspended until the report of employment is filed with the insurer. (Added to NRS by 1973, 598; A 1979, 1057; 1981, 1170, 1493)—(Substituted in revision for NRS 616.583) NRS 616C.447 Insurer required to make certain accountings to injured employee who is entitled to compensation for permanent total disability; additional accountings may be requested by injured employee. 1. An insurer that makes payments of compensation to an injured employee for a permanent total disability shall provide to the injured employee an annual accounting in the form of a letter that sets forth with respect to the payments: (a) The total amount of the compensation for the permanent total disability that the injured employee is entitled to receive, before any deductions are made; (b) The net amount of the current payment for the compensation; (c) The amount of any deduction that is made against the total amount of the compensation, if any; and (d) If a deduction is being made against the total amount of the compensation to repay any previous awards of compensation for a permanent partial disability: (1) The amount of the deduction; (2) The claim number for each of those awards; and (3) The balance of each of those awards. 2. An injured employee may request in writing from the insurer an accounting described in subsection 1. The accounting must cover the period from the date on which the most recent annual accounting was provided to the injured employee pursuant to subsection 1 to the date on which the written request is made. The insurer shall provide the accounting to the injured employee not later than 30 days after receiving the written request for the accounting from the injured employee. Any accounting provided by an insurer to an injured employee pursuant to this subsection must be provided in addition to, and not in lieu of, the annual accountings required pursuant to subsection 1. (Added to NRS by 2005, 1490) NRS 616C.450 Compensation to injured employee or dependents of injured employee for permanent total disability or death benefit if injury or occupational disease occurred before July 1, 1980. 1. An injured employee or the dependents of an injured employee who are entitled to receive compensation for a permanent total disability pursuant to NRS 616C.440 or a death benefit pursuant to NRS 616C.505 for an industrial injury or occupational disease which occurred before July 1, 1980, are entitled to receive compensation of not less than $600 each month. If the compensation is to be received by the dependents of an injured employee, it must be divided amongst them as provided in chapters 616A to 616D, inclusive, of NRS. 2. A self-insured employer or an association of self-insured public or private employers shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer or association. 3. A person who is entitled to receive an increase in his or her monthly compensation pursuant to subsection 1 is not required to accept that increase. 4. The Administrator shall adopt regulations to carry out the provisions of this section. (Added to NRS by 1991, 1946; A 1993, 754, 2444, 2454; 1995, 2160)—(Substituted in revision for NRS 616.6283) NRS 616C.453 Additional annual payment to certain claimants and dependents of claimants who are entitled to receive compensation for permanent total disability; adoption of regulations to determine amount of payment. 1. If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability and the claimant or dependent is not entitled to an annual increase in that compensation pursuant to NRS 616C.473, the claimant or dependent is entitled to an annual payment for that permanent total disability in an amount determined by the Administrator pursuant to subsection 3, but such annual payments may not exceed $1,200 per claimant or dependent. Except as otherwise provided in subsection 5, the total payments made pursuant to this section may not exceed $500,000 per year. 2. Each year, the Administrator shall withdraw from the Uninsured Employers’ Claim Account established pursuant to NRS 616A.430 an amount of the income realized from the investment of the assets in the Account that is necessary to fund the payments calculated pursuant to subsection 3. 3. The Administrator shall adopt regulations establishing a method for the equitable distribution of the money withdrawn from the Account pursuant to subsection 2. The regulations must provide for payments that result in the largest proportional share of the money being paid to claimants and dependents who receive the lowest amount of compensation pursuant to chapters 616A to 617, inclusive, of NRS for the permanent total disability. The Administrator may adopt any other regulations that are necessary to carry out the provisions of this section. 4. Except as otherwise provided in subsection 5, the Administrator shall make the payment required by this section to each claimant and dependent of the claimant who is entitled to the payment not later than October 1 of each year. Any payment received by the claimant or dependent of the claimant pursuant to this section is in addition to any compensation to which the claimant or dependent of the claimant is otherwise entitled by law. 5. The Administrator may make a payment from the Account to a claimant or a dependent of a claimant that would have been payable in a prior year pursuant to subsection 3 if the Administrator determines that the claimant or dependent was entitled to the payment pursuant to subsection 1. (Added to NRS by 2005, 1316; A 2007, 3356) NRS 616C.455 Increase in benefits for permanent total disability incurred before April 9, 1971. 1. Any claimant or dependent of a claimant who resides in this State and receives compensation for a permanent total disability caused by an industrial injury or a disablement from an occupational disease which occurred before April 9, 1971, is entitled to a 65 percent increase in that compensation, without regard to any limitation on wages imposed by chapters 616A to 616D, inclusive, of NRS on the amount of that compensation. 2. The increase must be paid from the account for pensions for silicosis, diseases related to asbestos and other disabilities. (Added to NRS by 1973, 538; A 1975, 823; 1979, 1520; 1981, 1226; 1985, 723; 1987, 589; 1991, 1802)—(Substituted in revision for NRS 616.626) NRS 616C.460 Additional increase in benefits for permanent total disability incurred before July 1, 1973. Any claimant or dependent of a claimant who resides in this State and who receives compensation pursuant to chapters 616A to 616D, inclusive, of NRS for a permanent total disability for an injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in that compensation without regard to any limitation on wages imposed by those chapters on the amount of that compensation. (Added to NRS by 1985, 1460)—(Substituted in revision for NRS 616.6261) NRS 616C.465 Increase in benefits for permanent total disability incurred on or after April 9, 1971, or for claimant or dependent not entitled to benefits for disability from federal social security system. 1. Any claimant or dependent of a claimant who is receiving compensation pursuant to chapters 616A to 616D, inclusive, of NRS for a permanent total disability but is not entitled: (a) To an increase in that compensation pursuant to NRS 616C.455; or (b) To any disability income benefits from the federal social security system, Ê is entitled to an increase in that compensation by the same percentage as the increase in the state average monthly wage from the date of the claimant’s disabling accident or disease or from July 1, 1973, whichever is later, to July 1, 1980. 2. The increase provided by this section must not be paid for any period before July 1, 1981. (Added to NRS by 1981, 1224)—(Substituted in revision for NRS 616.6262) NRS 616C.470 Increase in benefits for permanent total disability if claimant is entitled to benefits for disability from federal social security system. 1. Any claimant who is not entitled to an increase pursuant to NRS 616C.465 and who receives less in disability benefits from the federal social security system and pursuant to chapters 616A to 616D, inclusive, of NRS, combined, than an amount equal to 80 percent of average current earnings established pursuant to section 224 of the Social Security Act, as amended (42 U.S.C. § 424a), is entitled to an increase in his or her compensation for a permanent total disability of: (a) The increase provided pursuant to NRS 616C.465; or (b) The difference between the amount of benefits the claimant is receiving and 80 percent of the average current earnings, Ê whichever is less. 2. The increase provided by this section must not be paid for any period before July 1, 1981. (Added to NRS by 1981, 1224)—(Substituted in revision for NRS 616.6264) NRS 616C.473 Annual increase in benefits for permanent total disability incurred on or after January 1, 2004. 1. If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurs on or after January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this section: (a) On January 1 of the year immediately after the year in which the claimant or dependent becomes entitled to receive that compensation; and (b) On January 1 of each successive year after the year specified in paragraph (a) in which the claimant or dependent is entitled to receive that compensation. 2. Any increase in compensation provided pursuant to this section is in addition to any increase in compensation to which a claimant or a dependent of a claimant is otherwise entitled by law. (Added to NRS by 2003, 490) Temporary Total Disability NRS 616C.475 Amount and duration of compensation; limitations; requirements for certification of disability; offer of light-duty employment. 1. Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his or her dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage. 2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his or her dependents are entitled to receive such benefits when the injured employee is released from incarceration if the injured employee is certified as temporarily totally disabled by a physician or chiropractor. 3. If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter. 4. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive. 5. Payments for a temporary total disability must cease when: (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience; (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated. 6. Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability. 7. A certification of disability issued by a physician or chiropractor must: (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee; (b) Specify whether the limitations or restrictions are permanent or temporary; and (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection 3 or 4 of NRS 616C.090. 8. If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of the employee’s accident may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify a position that: (a) Is substantially similar to the employee’s position at the time of his or her injury in relation to the location of the employment and the hours the employee is required to work; (b) Provides a gross wage that is: (1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his or her injury; or (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his or her injury; and (c) Has the same employment benefits as the position of the employee at the time of his or her injury. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1957, 72; 1959, 201; 1963, 837; 1965, 226; 1966, 43; 1969, 472; 1971, 322; 1973, 531; 1975, 253; 1983, 1295; 1985, 1548; 1991, 2422; 1993, 747, 1870, 2442; 1995, 579, 2155; 1997, 3348; 1999, 1789, 1790; 2001, 1897; 2003, 1673; 2009, 1287) NRS 616C.477 Compensation for lost wages incurred by employee who receives medical treatment after returning to work; prohibition against employer requiring employee to use personal leave for such treatment. 1. Except as otherwise provided in subsection 2, in addition to any other benefits an injured employee is entitled to receive pursuant to chapters 616A to 617, inclusive, of NRS, an injured employee who, as a result of his or her injury, qualified for benefits for a temporary total disability pursuant to NRS 616C.475 and who receives medical treatment for that injury after the injured employee returns to work is entitled to compensation pursuant to this subsection for each hour the injured employee is absent from the place of employment of the responsible employer to receive such medical treatment if the injured employee is required to travel more than 50 miles one way from the place of employment to receive such medical treatment. An injured employee must be paid compensation pursuant to this subsection at a rate equal to the compensation paid pursuant to NRS 616C.475 for a temporary total disability. Such compensation must be calculated based on increments of 4 hours or 8 hours. 2. The provisions of subsection 1 do not apply to an injured employee who is paid his or her regular hourly rate of pay by his or her employer for each hour the injured employee is absent from the place of employment to receive such medical treatment. 3. An employer may not require an injured employee to use sick leave, annual leave, compensatory leave or any other personal leave for the injured employee’s absence from the place of employment to receive medical treatment for the injury after the injured employee returns to work. The provisions of this subsection apply whether the injured employee is being paid compensation pursuant to subsection 1 or the injured employee’s regular hourly rate of pay pursuant to subsection 2. 4. The Administrator shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations which establish: (a) The documentation which an injured employee or employer is required to submit for the payment of compensation to the injured employee pursuant to subsection 1; (b) The method for determining the amount of compensation to be paid to the injured employee pursuant to subsection 1; and (c) A definition of “place of employment” as that term is used in this section. (Added to NRS by 2005, 99) NRS 616C.480 Reduction of benefits for previous injury causing permanent partial disability prohibited. If an employee who has received compensation in a lump sum for a permanent partial disability is subsequently injured by an accident arising out of and in the course of his or her employment and is thereby entitled to receive compensation for a temporary total disability, the compensation for the subsequent injury may not be reduced because of the receipt of the lump-sum payment if the subsequent injury is distinct from the previous injury. (Added to NRS by 1983, 647)—(Substituted in revision for NRS 616.587) Permanent and Temporary Partial Disabilities NRS 616C.485 Permanent partial disability: Loss of or permanent damage to teeth. The Administrator shall adopt, by regulation, a schedule which, in the judgment of the Administrator, is best calculated to compensate fairly and adequately an injured employee for the loss of, or permanent damage to, a tooth. The Administrator shall review the schedule at least once every 2 years to ensure the fairness and adequateness of the schedule. [Part 64:168:1947; A 1951, 485]—(NRS A 1989, 333)—(Substituted in revision for NRS 616.595) NRS 616C.490 Permanent partial disability: Compensation. 1. Except as otherwise provided in NRS 616C.175, every employee, in the employ of an employer within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, “disability” and “impairment of the whole person” are equivalent terms. 2. Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability. Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor: (a) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110. (b) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer. 3. If an insurer contacts the treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee. 4. At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of: (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section. Ê The notice must be on a form approved by the Administrator and provided to the injured employee by the insurer at the time of the insurer’s request. 5. Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability. 6. The rating physician or chiropractor shall provide the insurer with his or her evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee: (a) Of the compensation to which the employee is entitled pursuant to this section; or (b) That the employee is not entitled to benefits for permanent partial disability. 7. Each 1 percent of impairment of the whole person must be compensated by a monthly payment: (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981; (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993; (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000. Ê Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later. 8. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month. 9. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury. 10. The Division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section. 11. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973. 12. This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal. [63:168:1947; A 1949, 659; 1953, 292]—(NRS A 1959, 204; 1966, 46; 1967, 691; 1969, 475; 1971, 326; 1973, 531; 1975, 605; 1977, 1006; 1979, 1057; 1981, 1170, 1493, 1653; 1983, 428, 1295; 1985, 308, 374; 1987, 78; 1991, 493, 2423, 2424; 1993, 748, 1871; 1995, 579, 2156; 1999, 1791; 2001, 1898; 2009, 3036) NRS 616C.495 Permanent partial disability: Payments in lump sum. 1. Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions: (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his or her compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 25 percent may elect to receive his or her compensation in a lump sum. (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability. (c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 25 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent. (d) Any claimant injured on or after July 1, 1995, may elect to receive his or her compensation in a lump sum in accordance with regulations adopted by the Administrator and approved by the Governor. The Administrator shall adopt regulations for determining the eligibility of such a claimant to receive all or any portion of his or her compensation in a lump sum. Such regulations may include the manner in which an award for a permanent partial disability may be paid to such a claimant in installments. Notwithstanding the provisions of NRS 233B.070, any regulation adopted pursuant to this paragraph does not become effective unless it is first approved by the Governor. 2. If the claimant elects to receive his or her payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of the claimant’s benefits for compensation terminate. The claimant’s acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting the claimant waives all of his or her rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his or her disability, except: (a) The right of the claimant to: (1) Reopen his or her claim in accordance with the provisions of NRS 616C.390; or (2) Have his or her claim considered by his or her insurer pursuant to NRS 616C.392; (b) Any counseling, training or other rehabilitative services provided by the insurer; and (c) The right of the claimant to receive a benefit penalty in accordance with NRS 616D.120. Ê The claimant, when he or she demands payment in a lump sum, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final. 3. Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section. 4. Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation. 5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 7 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary. 6. If a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment. (Added to NRS by 1983, 430; A 1983, 646, 1296; 1987, 1465; 1989, 687, 1162, 2001, 2002; 1991, 493, 2425; 1993, 749, 1872; 1995, 579, 2157; 2001, 1899; 2003, 1675; 2005, 1493; 2007, 3357) NRS 616C.500 Temporary partial disability: Compensation. 1. Except as otherwise provided in subsection 2 and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability. 2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a temporary partial disability during the time the employee is incarcerated. The injured employee or his or her dependents are entitled to receive such benefits if the injured employee is released from incarceration during the period of disability specified in subsection 1 and the injured employee is certified as temporarily partially disabled by a physician or chiropractor. [61:168:1947; A 1953, 292]—(NRS A 1967, 878; 1973, 533; 1993, 751; 1997, 3349) Death Benefits NRS 616C.505 Amount and duration of compensation. If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, the compensation is known as a death benefit and is payable as follows: 1. In addition to any other compensation payable pursuant to chapters 616A to 616D, inclusive, of NRS, burial expenses are payable in an amount not to exceed $10,000, plus the cost of transporting the remains of the deceased employee. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer. 2. Except as otherwise provided in subsection 3, to the surviving spouse of the deceased employee, 66 2/3 percent of the average monthly wage is payable until the death of the surviving spouse. 3. If there is a surviving spouse and any surviving children of the deceased employee who are not the children of the surviving spouse, the compensation otherwise payable pursuant to subsection 2 must be paid as follows until the entitlement of all children of the deceased employee to receive compensation pursuant to this subsection ceases: (a) To the surviving spouse, 50 percent of the death benefit is payable until the death of the surviving spouse; and (b) To each child of the deceased employee, regardless of whether the child is the child of the surviving spouse, the child’s proportionate share of 50 percent of the death benefit and, except as otherwise provided in subsection 11, if the child has a guardian, the compensation the child is entitled to receive may be paid to the guardian. 4. In the event of the subsequent death of the surviving spouse: (a) Each surviving child of the deceased employee, in addition to any amount the child may be entitled to pursuant to subsection 3, must share equally the compensation theretofore paid to the surviving spouse but not in excess thereof, and it is payable until the youngest child reaches the age of 18 years. (b) Except as otherwise provided in subsection 11, if the children have a guardian, the compensation they are entitled to receive may be paid to the guardian. 5. If there are any surviving children of the deceased employee under the age of 18 years, but no surviving spouse, then each such child is entitled to his or her proportionate share of 66 2/3 percent of the average monthly wage for the support of the child. 6. Except as otherwise provided in subsection 7, if there is no surviving spouse or child under the age of 18 years, there must be paid: (a) To a parent, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 33 1/3 percent of the average monthly wage. (b) To both parents, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, 66 2/3 percent of the average monthly wage. (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of the injury causing the death of the deceased employee, his or her proportionate share of 66 2/3 percent of the average monthly wage. 7. The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage. 8. In all other cases involving a question of total or partial dependency: (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury. (b) If the deceased employee leaves dependents only partially dependent upon the earnings of the deceased employee for support at the time of the injury causing his or her death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his or her death. (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months. 9. Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents. 10. In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to the dependent, funeral expenses are payable in an amount not to exceed $10,000. 11. If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019. 12. Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his or her proportionate share of compensation pursuant to this section ceases when the child dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if the child is: (a) Over 18 years of age and incapable of supporting himself or herself, until such time as the child becomes capable of supporting himself or herself; or (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until the child reaches the age of 22 years. 13. As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1957, 732; 1959, 614; 1963, 1144; 1965, 264; 1966, 46; 1967, 686; 1969, 476; 1973, 533; 1975, 600; 1979, 764, 1059; 1981, 1495; 1989, 333; 1991, 804; 1993, 751; 1999, 1224; 2007, 679, 3358; 2009, 3037, 3073) NRS 616C.507 Duration of compensation for surviving spouse of police officer or firefighter. Repealed. (See chapter 503, Statutes of Nevada 2009, at page 3075.) NRS 616C.510 Increased death benefits if injury or disablement occurred before July 1, 1973. 1. Any widow, widower, surviving child or surviving dependent parent who resides in this State and who receives death benefits on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 65 percent increase in those benefits without regard to any limitation on wages imposed by chapters 616A to 616D, inclusive, of NRS on the amount of those benefits. 2. The increase must be paid from the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities. (Added to NRS by 1973, 538; A 1975, 823; 1979, 1520; 1981, 1227; 1985, 723; 1987, 589; 1991, 1802)—(Substituted in revision for NRS 616.628) NRS 616C.515 Additional increase in death benefits if injury or disablement occurred before July 1, 1973. Any widow, widower, surviving child or surviving dependent parent who resides in this State and who receives death benefits pursuant to chapters 616A to 616D, inclusive, of NRS on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in those benefits without regard to any limitation on wages imposed by those chapters on the amount of those benefits. (Added to NRS by 1985, 1460)—(Substituted in revision for NRS 616.6281) NRS 616C.520 Increased death benefits if injury or disablement occurred on or after July 1, 1973. 1. Any widow, widower, surviving child or surviving dependent parent who is receiving death benefits pursuant to chapters 616A to 616D, inclusive, of NRS, but is not entitled to an increase in those death benefits pursuant to NRS 616C.510, is entitled to an increase in those death benefits by the same percentage as the increase in the state average monthly wage from the date of the fatal accident or death caused by occupational disease or from July 1, 1973, whichever is later, to July 1, 1980. 2. The increase provided by this section must not be paid for any period before July 1, 1981. (Added to NRS by 1981, 1224)—(Substituted in revision for NRS 616.6282) VOCATIONAL REHABILITATION NRS 616C.530 Priorities for returning injured employee to work. An insurer shall adhere to the following priorities in returning an injured employee to work: 1. Return the injured employee to the job the injured employee had before his or her injury. 2. Return the injured employee to a job with the employer the injured employee worked for before his or her accident that accommodates any limitation imposed by the injury. 3. Return the injured employee to employment with another employer in a job that uses the injured employee’s existing skills. 4. Provide training for the injured employee while the injured employee is working in another vocation. 5. Provide formal training or education for the injured employee in another vocation. (Added to NRS by 1991, 2396)—(Substituted in revision for NRS 616.378) NRS 616C.540 Supervision, ratio and review of uncertified counselors; knowledge of labor market required. An insurer, or a private person or public agency providing vocational rehabilitation services to an insurer, shall: 1. Ensure that the work of a vocational rehabilitation counselor who is not certified is supervised and reviewed by a certified vocational rehabilitation counselor. 2. Employ at least one certified vocational rehabilitation counselor for every four vocational rehabilitation counselors that it employs who are not certified. 3. Employ vocational rehabilitation counselors who have knowledge of the labor market within the geographical area where the injured employee resides. (Added to NRS by 1993, 664; A 1993, 797; 2005, 810) NRS 616C.542 Prohibiting vocational rehabilitation counselor employed by entity administering injured employee’s case from providing services to injured employee without provision of certain written disclosures; right of injured employee to be assigned alternate counselor. 1. If the employer of a vocational rehabilitation counselor is also the entity administering an injured employee’s case, the vocational rehabilitation counselor shall not provide services as a vocational rehabilitation counselor to the injured employee, including, without limitation, completing a written assessment pursuant to NRS 616C.550, unless, before the commencement of such services, the injured employee is provided with a written disclosure that: (a) Discloses the relationship between the vocational rehabilitation counselor and the entity administering the injured employee’s case; and (b) Informs the injured employee of his or her right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case. 2. After receiving the written disclosure required pursuant to subsection 1, the injured employee has a right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case. To be assigned an alternate vocational rehabilitation counselor, the injured employee must submit a written request to the entity administering the injured employee’s case before the commencement of vocational rehabilitation services. Not later than 10 days after receiving such a request, the entity administering the injured employee’s case shall assign the injured employee an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case. (Added to NRS by 2005, 1491) NRS 616C.543 Prohibited acts of vocational rehabilitation counselor. A vocational rehabilitation counselor shall not: 1. Offer payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services to an injured employee: (a) Without providing written notice of the offer to the attorney for the injured employee; or (b) If the injured employee is not represented by an attorney, without providing a written notice to the employee which satisfies the requirements of the notice required by paragraph (c) of subsection 3 of NRS 616C.595; 2. Offer any monetary payment to an injured employee in an amount that is less than the amount authorized by the insurer; 3. Make any false statement or implication that an injured employee must make a decision regarding vocational rehabilitation within a certain period of time; 4. Advise an insured or claimant not to seek legal counsel; or 5. Provide legal advice to a claimant. (Added to NRS by 2007, 3343) NRS 616C.545 Duty of insurer to determine physical limitations on injured employee’s ability to work. If an employee does not return to work for 28 consecutive calendar days as a result of an injury arising out of and in the course of his or her employment or an occupational disease, the insurer shall contact the treating physician or chiropractor to determine whether: 1. There are physical limitations on the injured employee’s ability to work; and 2. The limitations, if any, are permanent or temporary. (Added to NRS by 1993, 664)—(Substituted in revision for NRS 616.51715) NRS 616C.547 General duties of vocational rehabilitation counselor. 1. The primary obligation of a vocational rehabilitation counselor is to the injured employee. 2. A vocational rehabilitation counselor shall not provide services as a vocational rehabilitation counselor, including, without limitation, completing a written assessment pursuant to NRS 616C.550, if the employer of the vocational rehabilitation counselor administers the case of the injured employee. (Added to NRS by 2005, 810) NRS 616C.550 Written assessment of injured employee. 1. If benefits for a temporary total disability will be paid to an injured employee for more than 90 days, the insurer or the injured employee may request a vocational rehabilitation counselor to prepare a written assessment of the injured employee’s ability or potential to return to: (a) The position the employee held at the time that he or she was injured; or (b) Any other gainful employment. 2. Before completing the written assessment, the counselor shall: (a) Contact the injured employee and: (1) Identify the injured employee’s educational background, work experience and career interests; and (2) Determine whether the injured employee has any existing marketable skills. (b) Contact the injured employee’s treating physician or chiropractor and determine: (1) Whether the employee has any temporary or permanent physical limitations; (2) The estimated duration of the limitations; (3) Whether there is a plan for continued medical treatment; and (4) When the employee may return to the position that the employee held at the time of his or her injury or to any other position. The treating physician or chiropractor shall determine whether an employee may return to the position that the employee held at the time of his or her injury. 3. Except as otherwise provided in NRS 616C.542 and 616C.547, a vocational rehabilitation counselor shall prepare a written assessment not more than 30 days after receiving a request for a written assessment pursuant to subsection 1. The written assessment must contain a determination as to whether the employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590. If the insurer, with the assistance of the counselor, determines that the employee is eligible for vocational rehabilitation services, a plan for a program of vocational rehabilitation must be completed pursuant to NRS 616C.555. 4. The Division may, by regulation, require a written assessment to include additional information. 5. If an insurer determines that a written assessment requested pursuant to subsection 1 is impractical because of the expected duration of the injured employee’s total temporary disability, the insurer shall: (a) Complete a written report which specifies the insurer’s reasons for the decision; and (b) Review the claim at least once every 60 days. 6. The insurer shall deliver a copy of the written assessment or the report completed pursuant to subsection 5 to the injured employee, his or her employer, the treating physician or chiropractor and the injured employee’s attorney or representative, if applicable. 7. For the purposes of this section, “existing marketable skills” include, but are not limited to: (a) Completion of: (1) A program at a trade school; (2) A program which resulted in an associate’s degree; or (3) A course of study for certification, Ê if the program or course of study provided the skills and training necessary for the injured employee to be gainfully employed on a reasonably continuous basis in an occupation that is reasonably available in this State. (b) Completion of a 2-year or 4-year program at a college or university which resulted in a degree. (c) Completion of any portion of a program for a graduate’s degree at a college or university. (d) Skills acquired in previous employment, including those acquired during an apprenticeship or a program for on-the-job training. Ê The skills set forth in paragraphs (a) to (d), inclusive, must have been acquired within the preceding 7 years and be compatible with the physical limitations of the injured employee to be considered existing marketable skills. 8. Each written assessment of an injured employee must be signed by a certified vocational rehabilitation counselor. (Added to NRS by 1993, 664; A 1993, 2445; 1997, 1438; 2005, 811, 1494) NRS 616C.555 Plan for program of vocational rehabilitation. 1. A vocational rehabilitation counselor shall develop a plan for a program of vocational rehabilitation for each injured employee who is eligible for vocational rehabilitation services pursuant to NRS 616C.590. The counselor shall work with the insurer and the injured employee to develop a program that is compatible with the injured employee’s age, sex and physical condition. 2. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his or her injury. An injured employee must not receive job placement assistance for more than 6 months after the date on which the injured employee was notified that he or she is eligible only for job placement assistance because: (a) The injured employee was physically capable of returning to work; or (b) It was determined that the injured employee had existing marketable skills. 3. If the counselor determines in a written assessment requested pursuant to NRS 616C.550 that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in NRS 616C.560, such a program must not exceed: (a) If the injured employee has incurred a permanent disability as a result of which permanent restrictions on the ability of the injured employee to work have been imposed but no permanent physical impairment rating has been issued, or a permanent disability with a permanent physical impairment of 1 percent or more but less than 6 percent, 9 months. (b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent, 1 year. (c) If the injured employee has incurred a permanent physical impairment of 11 percent or more, 18 months. Ê The percentage of the injured employee’s permanent physical impairment must be determined pursuant to NRS 616C.490. 4. A plan for a program of vocational rehabilitation must comply with the requirements set forth in NRS 616C.585. 5. A plan created pursuant to subsection 2 or 3 must assist the employee in finding a job or train or educate the employee and assist the employee in finding a job that is a part of an employer’s regular business operations and from which the employee will gain skills that would generally be transferable to a job with another employer. 6. A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program. 7. If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employee’s employer and the insurer. 8. A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor. 9. If an initial program of vocational rehabilitation pursuant to this section is unsuccessful, an injured employee may submit a written request for the development of a second program of vocational rehabilitation which relates to the same injury. An insurer shall authorize a second program for an injured employee upon good cause shown. 10. If a second program of vocational rehabilitation pursuant to subsection 9 is unsuccessful, an injured employee may submit a written request for the development of a third program of vocational rehabilitation which relates to the same injury. The insurer, with the approval of the employer who was the injured employee’s employer at the time of his or her injury, may authorize a third program for the injured employee. If such an employer has terminated operations, the employer’s approval is not required for authorization of a third program. An insurer’s determination to authorize or deny a third program of vocational rehabilitation may not be appealed. 11. The Division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation. (Added to NRS by 1993, 665; A 1993, 797, 2447, 2456; 1995, 2147; 1999, 1793; 2001, 1901; 2005, 1495) NRS 616C.560 Extension of program for vocational rehabilitation. 1. A program for vocational rehabilitation developed pursuant to subsection 3 of NRS 616C.555 may be extended: (a) Without condition or limitation, by the insurer at the insurer’s sole discretion; or (b) In accordance with this section if: (1) The injured employee makes a written request to extend the program not later than 30 days after the program has been completed; and (2) There are exceptional circumstances which make it unlikely that the injured employee will obtain suitable gainful employment as a result of vocational rehabilitation which is limited to the period for which the injured employee is eligible. Ê An insurer’s determination to grant or deny an extension pursuant to paragraph (a) may not be appealed. 2. If an injured employee has incurred a permanent physical impairment of less than 11 percent: (a) The total length of the program, including any extension, must not exceed 2 years. (b) “Exceptional circumstances” shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if: (1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which the injured employee is physically capable of performing; or (2) Severe physical restrictions as a result of the industrial injury have been imposed by a physician which significantly limit the employee’s occupational opportunities. 3. If an injured employee has incurred a permanent physical impairment of 11 percent or more: (a) The total length of the program, including any extension, must not exceed 2 1/2 years. (b) “Exceptional circumstances” shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if the injured employee has suffered: (1) The total and permanent loss of sight of both eyes; (2) The loss by separation of a leg at or above the knee; (3) The loss by separation of a hand at or above the wrist; (4) An injury to the head or spine which results in permanent and complete paralysis of both legs, both arms or a leg and an arm; (5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing; (6) The loss by separation of an arm at or above the elbow and the loss by separation of a leg at or above the knee; (7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face; (8) A total bilateral loss of hearing; (9) The total loss or significant and permanent impairment of speech; or (10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616C.490, if the severity of the impairment limits the injured employee’s gainful employment to vocations that are primarily intellectual and require a longer program of education. 4. The insurer shall deliver a copy of its decision granting or denying an extension to the injured employee and the employer. Except as otherwise provided in this section, the decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616C.315. (Added to NRS by 1993, 666; A 1993, 2448; 1997, 1440; 1999, 1794; 2007, 3360) NRS 616C.570 On-the-job training as component of plan for program of vocational rehabilitation. 1. A plan for a program of vocational rehabilitation developed pursuant to NRS 616C.555 may include a program for on-the-job training, if the training is suitable for the injured employee. 2. Before an injured employee may participate in a program for on-the-job training, the insurer and the employer must execute a written agreement which contains an explanation of the training and a schedule for that training. 3. Except as otherwise provided in subsection 4, the insurer may pay not more than 50 percent of the wages of an injured employee who is participating in a program for on-the-job training. An insurer contributing toward the wages of an injured employee shall pay the employee within 10 days after the employee submits documentation of his or her payroll to the insurer. The insurer shall not contribute to the wages of the injured employee for more than the period authorized for the particular employee pursuant to subsection 3 of NRS 616C.555 or 616C.560. 4. The insurer shall, within 30 days after receipt of a request for payment, reimburse the training employer for the wages paid by the training employer to the injured employee pursuant to this section if: (a) After the successful completion of the training, the training employer continues to employ the injured employee for at least 90 days in a position which requires the training so obtained; or (b) The injured employee: (1) Within 30 days after his or her successful completion of the training, obtains employment which requires the skills obtained by him or her as a direct result of the training provided by the training employer; and (2) Retains that or similar employment for at least 6 months after the completion of the training. (Added to NRS by 1993, 667; A 1993, 2449)—(Substituted in revision for NRS 616.51745) NRS 616C.575 Payment of vocational rehabilitation maintenance. 1. The Division shall, by regulation, prescribe when: (a) Vocational rehabilitation maintenance must be paid to an injured employee; and (b) Vocational rehabilitation maintenance must cease to be paid to an injured employee. Ê An injured employee must not receive vocational rehabilitation maintenance after the injured employee’s program of vocational rehabilitation ends pursuant to NRS 616C.555. 2. As used in this section, “vocational rehabilitation maintenance” means the amount of compensation paid to an injured employee while the injured employee is participating in a program of vocational rehabilitation developed pursuant to NRS 616C.555. (Added to NRS by 1993, 668)—(Substituted in revision for NRS 616.5175) NRS 616C.580 Provision of services outside of State; limited lump-sum payment in lieu of services. 1. Except as otherwise provided in this section, vocational rehabilitation services must not be provided outside of this State. 2. An injured employee who: (a) Resides outside of this State, within 50 miles from any border of this State, on the date of injury; or (b) Was injured while temporarily employed in this State by an employer subject to the provisions of chapters 616A to 617, inclusive, of NRS who can demonstrate that, on the date of injury, his or her permanent residence was outside of this State, Ê may receive vocational rehabilitation services at a location within 50 miles from his or her residence if such services are available at such a location. 3. An injured employee who: (a) Is eligible for vocational rehabilitation services pursuant to NRS 616C.590; and (b) Resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection 2, Ê may execute a written agreement with the insurer which provides for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services pursuant to NRS 616C.595. The amount of the lump sum must not exceed $20,000. 4. An injured employee who resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection 2 may receive the vocational rehabilitation services to which the injured employee is entitled pursuant to NRS 616C.545 to 616C.575, inclusive, and 616C.590 if the injured employee relocates to: (a) This State; or (b) A location within 50 miles from any border of this State, Ê at his or her own expense, if such services are available at such a location. 5. An injured employee who resides in this State may receive vocational rehabilitation services outside of this State at a location within 50 miles from the residence of the injured employee if such services are available at such a location. An insurer may not unreasonably deny a request made by an injured employee pursuant to this subsection to receive vocational rehabilitation services outside of this State. 6. An injured employee may receive vocational rehabilitation services in any state that borders this State if the injured employee demonstrates that the services are available in a more cost-effective manner than are available in this State. Any vocational rehabilitation services provided pursuant to this subsection must be monitored by a vocational rehabilitation counselor in this State. (Added to NRS by 1993, 668; A 1999, 1795; 2001, 1902; 2005, 209; 2007, 3361) NRS 616C.585 Limit on goods and services which may be provided; exceptions. 1. Except as otherwise provided in subsection 2, vocational rehabilitation services ordered by an insurer, a hearing officer or an appeals officer must not include the following goods and services: (a) A motor vehicle. (b) Repairs to an injured employee’s motor vehicle. (c) Tools and equipment normally provided to the injured employee by his or her employer during the course of his or her employment. (d) Care for the injured employee’s children. 2. An injured employee is entitled to receive the goods and services set forth in subsection 1 only if the insurer of the injured employee determines that such goods and services are reasonably necessary. 3. Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if: (a) The priorities set forth in NRS 616C.530 for returning an injured employee to work are followed; (b) The education is recommended by a plan for a program of vocational rehabilitation developed pursuant to NRS 616C.555; and (c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer. (Added to NRS by 1993, 668; A 1997, 1441) NRS 616C.590 Eligibility for services; effect of incarceration; effect of refusing services offered by insurer; effect of inability of insurer to locate injured employee. 1. Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless: (a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that the employee held at the time of his or her injury; (b) The injured employee’s employer does not offer employment that: (1) The employee is eligible for considering the restrictions imposed pursuant to paragraph (a); (2) Provides a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of injury; and (3) Has the same employment benefits as the position of the employee at the time of his or her injury; and (c) The injured employee is unable to return to gainful employment with any other employer at a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his or her injury. 2. If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he or she shall specify in writing: (a) The medically objective findings upon which his or her determination is based; and (b) A detailed description of the restrictions. Ê The treating physician or chiropractor shall deliver a copy of the findings and the description of the restrictions to the insurer. 3. If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made. 4. Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1. 5. An injured employee is not entitled to vocational rehabilitation services solely because the position that the employee held at the time of his or her injury is no longer available. 6. An injured employee or the dependents of the injured employee are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated. 7. Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if the injured employee refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while the injured employee is incarcerated. 8. If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitation services, the insurer may close his or her claim 21 days after the insurer determines that the employee cannot be located. The insurer shall make a reasonable effort to locate the employee. 9. The reappearance of the injured employee after his or her claim has been closed does not automatically reinstate his or her eligibility for vocational rehabilitation benefits. If the employee wishes to reestablish his or her eligibility for those benefits, the injured employee must file a written application with the insurer to reinstate the claim. The insurer shall reinstate the employee’s claim if good cause is shown for the employee’s absence. (Added to NRS by 1973, 362; A 1979, 1042; 1981, 1459; 1985, 1541; 1991, 491, 2401; 1993, 703; 1997, 1441, 3350; 1999, 444; 2001, 1903; 2003, 1676) NRS 616C.595 Agreements for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services. 1. If an injured employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590, the insurer and the injured employee may, at any time during the employee’s eligibility for such services, execute a written agreement providing for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services. An insurer’s refusal to execute such an agreement may not be appealed. 2. If the insurer and the injured employee execute an agreement pursuant to subsection 1, the acceptance of the payment of compensation in a lump sum by the injured employee extinguishes the right of the injured employee to receive vocational rehabilitation services under the injured employee’s claim. Except as otherwise required by federal law, an injured employee shall not receive vocational rehabilitation services from any state agency after the injured employee accepts payment of compensation in a lump sum pursuant to this section. 3. Before executing an agreement pursuant to subsection 1, an insurer shall: (a) Order an assessment of and counseling concerning the vocational skills of the injured employee, unless the provisions of subsection 3 of NRS 616C.580 are applicable; (b) Consult with the employer of the injured employee; and (c) Provide a written notice to the injured employee that contains the following statements: (1) That the injured employee is urged to seek assistance and advice from the Nevada Attorney for Injured Workers or to consult with a private attorney before signing the agreement. (2) That the injured employee may rescind the agreement within 20 days after the injured employee signs it. (3) That the 20-day period pursuant to subparagraph (2) may not be waived. (4) That acceptance by the injured employee of payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services extinguishes the right of the injured employee to receive such services. 4. Except as otherwise provided in NRS 616C.580, any payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services must not be less than 40 percent of the maximum amount of vocational rehabilitation maintenance due to the injured employee pursuant to NRS 616C.555. 5. No payment of compensation in a lump sum may be made pursuant to this section until the 20-day period provided for the rescission of the agreement has expired. (Added to NRS by 1991, 2396; A 1993, 753; 1995, 2159; 2005, 210; 2007, 3362) NRS 616C.597 Response to request for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services. 1. Except as otherwise provided in subsection 2, an insurer shall, within 30 days after receiving a written request from an injured employee for payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services, respond in writing to the request and, if the insurer agrees to the request, include in the response: (a) The amount of the lump sum that the insurer is offering to pay; (b) A statement that the injured employee has 30 days after the date of the written response to accept or reject the lump-sum offer; and (c) A statement indicating that, if the injured employee rejects the lump-sum offer, the injured employee must continue working with his or her vocational rehabilitation counselor in accordance with the provisions of this chapter and the regulations adopted pursuant thereto. 2. An insurer need only respond to a written request from an injured employee for payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services if the injured employee is eligible for vocational rehabilitation services. (Added to NRS by 2007, 3344) NRS 616C.600 Orders for self-employment or payment of compensation in lump sum for vocational rehabilitation prohibited; agreements concerning self-employment authorized. 1. A hearing officer or appeals officer shall not order self-employment for an injured employee or the payment of compensation in a lump sum for vocational rehabilitation. 2. An insurer, an employer and an injured employee may execute an agreement concerning self-employment. (Added to NRS by 1991, 2394)—(Substituted in revision for NRS 616.573) CATASTROPHIC INJURIES NRS 616C.700 Duties of insurer who accepts a claim for catastrophic injury; life care plan; regulations. 1. Notwithstanding any other provision of this chapter, if an insurer accepts a claim for a catastrophic injury, the insurer shall: (a) As soon as reasonably practicable after the date of acceptance of the claim, assign the claim to a qualified adjuster, nurse and vocational rehabilitation counselor; and (b) Within 90 days after the date of acceptance of the claim, develop a life care plan in consultation with the adjuster, nurse and vocational rehabilitation counselor assigned to the claim pursuant to paragraph (a). 2. A life care plan which is developed pursuant to subsection 1 must ensure the prompt, efficient and proper provision of medical services to the injured employee. 3. The Administrator shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations prescribing: (a) The form and content of a life care plan; and (b) The frequency and method of communication by which the insurer shall contact the injured employee or the family members or representative of the injured employee. (Added to NRS by 2009, 2779) NRS 616C.710 Rescission or revision of determination of catastrophic injury. An insurer that has accepted a claim for a catastrophic injury may thereafter rescind or revise its original determination that the injury is a catastrophic injury if: 1. Medical evidence supports the rescission or revision; 2. The injured employee is stable and ratable; or 3. Other circumstances warrant such a rescission or revision. (Added to NRS by 2009, 2779) NRS 616C.720 Requirements for adjuster who administers claim for catastrophic injury; regulations. 1. An adjuster who administers a claim for a catastrophic injury must be competent and qualified to administer such a claim. 2. The Administrator shall adopt regulations establishing qualifications for an adjuster to administer a claim for a catastrophic injury. (Added to NRS by 2009, 2779) GENERAL PROVISIONS NRS 616D.010 Penalties and remedies are cumulative; exceptions. Except as otherwise provided in NRS 616A.020, 616B.600 and 616C.190, no penalty or remedy provided in this chapter or chapter 616A, 616B or 616C of NRS is exclusive of any other penalty or remedy, but is cumulative and in addition to every other penalty or remedy and may be exercised without exhausting and without regard to any other penalty or remedy provided by those chapters or any other statute. (Added to NRS by 1993, 685)—(Substituted in revision for NRS 616.740) NRS 616D.020 Immunity from criminal penalty or civil action for libel, slander or similar tort for disclosure of information relating to violation. No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if the person, without malice, discloses information relating to a violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or any fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of benefits for industrial insurance. (Added to NRS by 1993, 685)—(Substituted in revision for NRS 616.750) NRS 616D.030 Limitation of liability of insurer or third-party administrator; administrative fines are exclusive remedies. 1. No cause of action may be brought or maintained against an insurer or a third-party administrator who violates any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS. 2. The administrative fines provided for in NRS 616B.318 and 616D.120 are the exclusive remedies for any violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS committed by an insurer or a third-party administrator. (Added to NRS by 1995, 2122) ADMINISTRATIVE PROCEEDINGS NRS 616D.050 Power of hearing officers, appeals officers and Administrator when conducting hearings or other proceedings. 1. Appeals officers, the Administrator, and the Administrator’s designee, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters may: (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents. (b) Administer oaths. (c) Certify to official acts. (d) Call and examine under oath any witness or party to a claim. (e) Maintain order. (f) Rule upon all questions arising during the course of a hearing or proceeding. (g) Permit discovery by deposition or interrogatories. (h) Initiate and hold conferences for the settlement or simplification of issues. (i) Dispose of procedural requests or similar matters. (j) Generally regulate and guide the course of a pending hearing or proceeding. 2. Hearing officers, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may: (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding is being held. (b) Maintain order. (c) Permit discovery by deposition or interrogatories. (d) Initiate and hold conferences for the settlement or simplification of issues. (e) Dispose of procedural requests or similar matters. (f) Generally regulate and guide the course of a pending hearing or proceeding. (Added to NRS by 1975, 761; A 1977, 313; 1979, 1044; 1981, 1139, 1461; 1983, 355; 1991, 832, 2402; 1993, 708; 1999, 227, 1728, 1737) NRS 616D.060 Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals. 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 616A.467 is subject to the same procedural requirements which apply to disciplinary actions taken by the Commissioner or Administrator, and the board or panel has the same powers and duties given to the Commissioner or Administrator in relation thereto. 2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to withdraw the certification of a self-insured employer or an association of self-insured public or private employers or the authorization of a private carrier may appeal that decision to the Commissioner. (Added to NRS by 1983, 1532; A 1993, 709; 1995, 2014) NRS 616D.065 Disciplinary action by appeals officer: Order requiring attorney or representative of party to pay certain costs incurred because of continuance or delay in scheduled hearing. 1. An appeals officer, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may order the attorney or representative of a party to pay any costs that are incurred by the Hearings Division of the Department of Administration for a court reporter or an interpreter. 2. Before ordering the payment of such costs, the appeals officer must find that the costs were incurred because the attorney or representative of a party caused a continuance or delay in a scheduled hearing by the failure of the attorney or representative, as applicable, without good cause, to comply with an order of the appeals officer or a regulation adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 1997, 3091; A 1999, 227) NRS 616D.070 Enforcement of orders, subpoenas and other procedures relating to hearing. If any person: 1. Disobeys an order of an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, or a subpoena issued by the Administrator, Administrator’s designee, appeals officer, hearing officer, inspector or examiner; 2. Refuses to permit an inspection; or 3. As a witness, refuses to testify to any matter for which the person may be lawfully interrogated, Ê the district judge of the county in which the person resides, on application of the appeals officer, the hearing officer, the Administrator or the Administrator’s designee, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpoenas issued from the court on a refusal to testify therein. [48:168:1947; 1943 NCL § 2680.48]—(NRS A 1975, 762; 1977, 313; 1979, 1043; 1981, 1139, 1461; 1983, 356; 1993, 709; 1999, 1729) NRS 616D.080 Fees: Officers serving subpoenas; witnesses; procedure for payment. 1. Each officer who serves a subpoena is entitled to receive the same fees as a sheriff. 2. Each witness who appears, in obedience to a subpoena which has been issued pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS, before an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, is entitled to receive for his or her attendance the fees and mileage provided for witnesses in civil cases in courts of record. For subpoenas issued on behalf of this State or an officer or agency thereof, the fees and mileage are not required to be tendered at the same time that the subpoena is delivered to the person named therein. 3. The appeals officer, hearing officer, Administrator or the Administrator’s designee shall: (a) Authorize payment from his or her administrative budget of the fees and mileage due to such a witness; or (b) Impose those costs upon the party at whose instance the witness was subpoenaed or, for good cause shown, upon any other party. [49:168:1947; 1943 NCL § 2680.49]—(NRS A 1975, 762; 1977, 313; 1979, 1043; 1981, 1462; 1983, 356, 1293; 1993, 709; 1999, 227, 1729, 1738) NRS 616D.090 Depositions of witnesses. 1. In an investigation, the Administrator or a hearing officer may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record. 2. After the initiation of a claim under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding may, in the manner prescribed by law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record: (a) Serve upon any other party written interrogatories to be answered by the party served; or (b) Take the testimony of any person, including a party, by deposition upon oral examination. [50:168:1947; 1943 NCL § 2680.50]—(NRS A 1975, 762; 1979, 1043; 1981, 1462)—(Substituted in revision for NRS 616.240) NRS 616D.100 Transcripts: Introduction in evidence; availability to parties. 1. A transcribed copy of the evidence and proceedings, or any specific part thereof, of any final hearing or investigation, made by a stenographer appointed by an appeals officer, a hearing officer, the Administrator or the Administrator’s designee, being certified by that stenographer to be a true and correct transcript of the testimony in the final hearing or investigation, or of a particular witness, or of a specific part thereof, and carefully compared by the stenographer with his or her original notes, and to be a correct statement of the evidence and proceedings had on the final hearing or investigation so purporting to be taken and transcribed, may be received in evidence with the same effect as if the stenographer had been present and testified to the facts so certified. 2. A copy of the transcript must be furnished on demand to any party upon the payment of the fee required for transcripts in courts of record. [51:168:1947; NCL § 2680.51]—(NRS A 1967, 39; 1973, 1597; 1975, 762; 1977, 314; 1979, 1044; 1981, 1462; 1983, 356; 1993, 710; 1999, 1730) NRS 616D.110 Order to cease business operations if employer fails to provide or maintain coverage for industrial insurance: Power of Administrator; contents; procedure; assistance from law enforcement agency. 1. In addition to any other remedy provided for by law, if any employer within the provisions of NRS 616B.633 fails to provide and secure compensation, or fails to maintain such compensation, under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator may, in order to protect the employees of the employer from the effect of not having industrial insurance coverage and upon compliance with the requirements of subsection 2, order the immediate cessation of all business operations at the place of employment or jobsite until such time as the employer performs all acts and duties enjoined upon the employer by chapters 616A to 616D, inclusive, or chapter 617 of NRS as determined necessary by the Administrator in order to provide, secure and maintain compensation under those chapters. 2. The order must: (a) Include a reference to the particular sections of the statutes or regulations alleged to have been violated, and a short, plain statement of the facts alleged to constitute the violation. (b) Provide an opportunity for hearing to the employer on a date fixed in the order which must not be less than 5 nor more than 15 days after the date of the order, unless upon demand of the employer the date is advanced to the next business day after the demand is made to the Administrator. Ê An order for summary suspension issued pursuant to this subsection must be endorsed with the date and hour of issuance and entered of record in the office of the Administrator. 3. Immediately upon receiving an order to cease business operations under subsection 1, an employer shall order all employees or other persons to leave the place of employment or jobsite and shall cease all business operations thereat. 4. Upon request by the Administrator, any law enforcement agency in this State shall render any assistance necessary to carry out the requirement of subsection 3, including but not limited to preventing any employee or other person from remaining at the place of employment or jobsite. (Added to NRS by 1973, 585; A 1981, 1497; 1999, 228) NRS 616D.115 Failure to comply with order to cease business operations; penalties; cumulative nature of penalties. 1. A person shall not knowingly fail to comply with an order issued by the Administrator pursuant to NRS 616D.110 to cease immediately all business operations at a place of employment or jobsite. 2. A person who is convicted of violating the provisions of subsection 1 is guilty of a misdemeanor. 3. A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to another statute. (Added to NRS by 2003, 371) NRS 616D.120 Administrative fines and benefit penalties for certain violations; powers of Administrator; revocation or withdrawal of certificate of self-insurance or registration as third-party administrator; claim against bond for payment of administrative fines or benefit penalties. 1. Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company has: (a) Induced a claimant to fail to report an accidental injury or occupational disease; (b) Without justification, persuaded a claimant to: (1) Settle for an amount which is less than reasonable; (2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or (3) Accept less than the compensation found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS; (c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs: (1) Later than 10 days after the date of the settlement agreement or stipulation; (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted; (d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS; (e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS; (f) Failed to comply with the Division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS; (g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; (h) Engaged in a pattern of untimely payments to injured employees; or (i) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS, Ê the Administrator shall impose an administrative fine of $1,500 for each initial violation, or a fine of $15,000 for a second or subsequent violation. 2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions: (a) Issue a notice of correction for: (1) A minor violation, as defined by regulations adopted by the Division; or (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto. Ê The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation. (b) Impose an administrative fine for: (1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or (2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a). Ê The fine imposed must not be greater than $375 for an initial violation, or more than $3,000 for any second or subsequent violation. (c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order. 3. If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, (h) or (i) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company to pay to the claimant a benefit penalty: (a) Except as otherwise provided in paragraph (b), in an amount that is not less than $5,000 and not greater than $50,000; or (b) Of $3,000 if the violation involves a late payment of compensation or other relief to a claimant in an amount which is less than $500 or which is not more than 14 days late. 4. To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company pursuant to this section. The Administrator shall also consider the degree of economic harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to the claimant within 10 days after the date of the Administrator’s determination. If the claimant is the injured employee and the claimant dies before the benefit penalty is paid to him or her, the benefit penalty must be paid to the estate of the claimant. Proof of the payment of the benefit penalty must be submitted to the Administrator within 10 days after the date of the Administrator’s determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection. To determine the amount of the benefit penalty in cases of multiple violations occurring within a certain period of time, the Administrator shall adopt regulations which take into consideration: (a) The number of violations within a certain number of years for which a benefit penalty was imposed; and (b) The number of claims handled by the insurer, organization for managed care, health care provider, third-party administrator, employer or employee leasing company in relation to the number of benefit penalties previously imposed within the period of time prescribed pursuant to paragraph (a). 5. In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment. 6. If: (a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and (b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation, Ê the Administrator shall impose an administrative fine of not more than $15,000. 7. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of: (a) A certificate to act as a self-insured employer. (b) A certificate to act as an association of self-insured public or private employers. (c) A certificate of registration as a third-party administrator. 8. The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1. 9. If the Administrator determines that a vocational rehabilitation counselor has violated the provisions of NRS 616C.543, the Administrator may impose an administrative fine on the vocational rehabilitation counselor of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation. 10. The Administrator may make a claim against the bond required pursuant to NRS 683A.0857 for the payment of any administrative fine or benefit penalty imposed for a violation of the provisions of this section. (Added to NRS by 1981, 1453; A 1985, 864; 1989, 1593; 1991, 2427; 1993, 756, 758, 1874; 1995, 531, 542, 1642, 2160; 1997, 533, 535, 3219; 1999, 1796, 3148; 2001, 2455; 2003, 1677; 2005, 1101; 2007, 3363; 2009, 1131, 3040) NRS 616D.130 Investigation of alleged violation; determination of Administrator. 1. Upon receipt of a complaint for a violation of subsection 1 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall cause to be conducted an investigation of the alleged violation. Except as otherwise provided in subsection 2, the Administrator shall, within 30 days after initiating the investigation: (a) Render a determination. The determination must include the Administrator’s findings of fact and, if the Administrator determines that a violation has occurred, one or more of the following: (1) The amount of any fine required to be paid pursuant to NRS 616D.120. (2) The amount of any benefit penalty required to be paid to a claimant pursuant to NRS 616D.120. (3) A plan of corrective action to be taken by the insurer, organization for managed care, health care provider, third-party administrator or employer, including the manner and time within which the violation must be corrected. (4) A requirement that notice of the violation be given to the appropriate agency that regulates the activities of the violator. (b) Notify the Commissioner if the Administrator determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator. 2. Upon receipt of a complaint for any violation of paragraph (a), (b), (c) or (d) of subsection 1 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall complete the investigation required by subsection 1 within 60 days and, within 30 days after the completion of the investigation, render a determination and notify the Commissioner if the Administrator determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator. 3. If, based upon the Administrator’s findings of fact, the Administrator determines that a violation has not occurred, the Administrator shall issue a determination to that effect. (Added to NRS by 1995, 1637; A 2003, 1680) NRS 616D.140 Benefit penalties: Appeal of imposition of penalty or determination made by Administrator; finality of imposition of penalty; payment of penalty; recovery by Administrator of unpaid penalty. 1. If a person wishes to contest a decision of the Administrator to impose or refuse to impose a benefit penalty pursuant to NRS 616D.120, the person must file a notice of appeal with an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed benefit penalty should or should not be imposed. 2. A person who is aggrieved by: (a) A written determination of the Administrator; or (b) The failure of the Administrator to respond within 90 days to a written request mailed to the Administrator by the person who is aggrieved, Ê may appeal from the determination or failure to respond by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrator’s determination was mailed by the Administrator or within 100 days after the date on which the unanswered written request was mailed to the Administrator, as applicable. The failure of the Administrator to respond to a written request for a determination within 90 days after receipt of the request shall be deemed by the appeals officer to be a denial of the request. 3. If a notice of appeal is not filed as required by this section, the imposition of or refusal to impose the benefit penalty shall be deemed a final order and is not subject to review by any court or agency. 4. A hearing held pursuant to this section must be conducted by the appeals officer as a hearing de novo. The appeals officer shall render a written decision on the appeal. Except as otherwise provided in this section, the provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this section. 5. A benefit penalty imposed pursuant to NRS 616D.120 must be paid to the claimant on whose behalf it is imposed. If such a payment is not made within the period required by NRS 616D.120, the benefit penalty may be recovered in a civil action brought by the Administrator on behalf of the claimant in a court of competent jurisdiction in the county in which the claimant resides, in which the violation occurred or in which the person who is required to pay the benefit penalty has his or her principal place of business. 6. Any party aggrieved by a decision issued pursuant to this section by an appeals officer may appeal the decision directly to the district court. (Added to NRS by 1993, 691; A 1995, 1639; 2003, 1681) NRS 616D.145 Administrative fines: Appeal of imposition of fine; finality of imposition of fine; payment of fine; recovery by Division of unpaid fine. 1. If a person wishes to contest a decision of the Administrator to impose an administrative fine pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS, the person must file a notice of appeal with an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed administrative fine should not be imposed. 2. A person who is aggrieved by a written determination of the Administrator may appeal from the determination by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrator’s determination was mailed by the Administrator. 3. If a notice of appeal is not filed as required by this section, the imposition of the administrative fine shall be deemed a final order and is not subject to review by any court or agency. 4. An administrative fine imposed pursuant to this chapter or chapter 616A, 616B, 616C or 617 of NRS must be paid to the Division. If the violation for which the fine is levied was committed by a person while acting within the course and scope of the person’s agency or employment, the fine must be paid by the person’s principal or employer. The fine may be recovered in a civil action brought in the name of the Division in a court of competent jurisdiction in the county in which the violation occurred or in which the person against whom the fine is levied has his or her principal place of business. (Added to NRS by 2003, 1677) NRS 616D.150 Appeal of decisions of Administrator. Except as otherwise provided in NRS 616D.140, 616C.220 and 617.401, any party who is aggrieved by a decision of the Administrator may appeal that decision directly to the district court. (Added to NRS by 1981, 1454; A 1987, 655; 1991, 2401; 1995, 1640)—(Substituted in revision for NRS 616.221) PROHIBITED ACTS NRS 616D.200 Failure of employer to provide, secure and maintain compensation: Procedure for determination and appeal; penalty. 1. If the Administrator finds that an employer within the provisions of NRS 616B.633 has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or that the employer has provided and secured that compensation but has failed to maintain it, the Administrator shall make a determination thereon and may charge the employer an amount equal to the sum of: (a) The premiums that would otherwise have been owed to a private carrier pursuant to the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, as determined by the Administrator based upon the manual rates adopted by the Commissioner, for the period that the employer was doing business in this State without providing, securing or maintaining that compensation, but not to exceed 6 years; and (b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid. Ê The money collected pursuant to this subsection must be paid into the Uninsured Employers’ Claim Account. 2. The Administrator shall deliver a copy of his or her determination to the employer. An employer who is aggrieved by the determination of the Administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220. 3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS, shall be punished as follows: (a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor. (b) If it is a first offense and, during the period the employer was doing business in this State without providing, securing or maintaining compensation, one of his or her employees suffers an injury arising out of and in the course of his or her employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000. (c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000. 4. In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to: (a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and (b) Reimburse the Uninsured Employers’ Claim Account for all payments made from the account on the employer’s behalf, including any benefits, administrative costs or attorney’s fees paid from the account, that have not otherwise been recovered pursuant to NRS 616C.220. 5. Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged pursuant to subsection 1. [32:168:1947; A 1949, 659; 1943 NCL § 2680.32]—(NRS A 1967, 636; 1981, 1498; 1991, 2426; 1993, 754; 1995, 1873; 1997, 568, 570, 1191, 1442, 1457, 3222, 3224; 1999, 228, 250, 658, 1730, 1738, 1739, 1799; 2001, 59, 2769) NRS 616D.210 Engagement in new business after termination of prior business while owing premiums, interest or penalties to private carriers: Prohibitions; penalties. 1. Any person who: (a) Is the legal or beneficial owner of 25 percent or more of a business which terminates operations while owing a premium, interest or penalty to a private carrier and becomes, or induces or procures another person to become, the legal or beneficial owner of 25 percent or more of a new business engaging in similar operations; or (b) Knowingly aids or abets another person in carrying out such conduct, Ê is liable in a civil action for the payment of any premium, interest and penalties owed to the private carrier and the reasonable costs incurred by the private carrier to investigate and act upon such conduct. 2. The private carrier shall not knowingly insure any business which engages in the conduct described in subsection 1 unless the premium and any interest and penalties owed to the prior insurer have been paid to that insurer. 3. As used in this section, “business” includes, but is not limited to, a firm, sole proprietorship, general or limited partnership, voluntary association or private corporation. (Added to NRS by 1993, 685; A 1995, 2033; 1999, 1731, 1800) NRS 616D.220 Liability for false statement or failure to report material fact concerning amount of payroll or misrepresentation of classification or duties of employee; appeal; penalty. 1. If the Administrator finds that any employer or any employee, officer or agent of any employer has knowingly: (a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or (b) Misrepresented the classification or duties of an employee, Ê the Administrator shall make a determination thereon and charge the employer’s account an amount equal to the amount of the premium that would have been due had the proper information been submitted. The Administrator shall deliver a copy of the determination to the employer. The money collected pursuant to this subsection must be paid into the Uninsured Employers’ Claim Account. 2. An employer who is aggrieved by the determination of the Administrator may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was delivered to the employer. The Administrator shall hold a hearing within 30 days after the Administrator receives the request. The determination of the Administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the Administrator becomes due within 30 days after the determination is served on the employer. 3. A person who knowingly: (a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or (b) Misrepresents the classification or duties of an employee, Ê is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1. [81:168:1947; A 1951, 485]—(NRS A 1971, 154; 1981, 1498; 1989, 743; 1991, 2427; 1993, 755; 1995, 1874; 1997, 585, 1443, 1457; 1999, 1731; 2001, 2770) NRS 616D.230 Failure of employer to pay amount charged for engaging in certain prohibited acts; civil liability; additional penalties; disposition of amount collected. 1. An employer who fails to pay an amount of money charged to the employer pursuant to the provisions of NRS 616D.200 or 616D.220 is liable in a civil action commenced by the Attorney General for: (a) Any amount charged to the employer by the Administrator pursuant to NRS 616D.200 or 616D.220; (b) Not more than $10,000 for each act of willful deception; (c) An amount equal to three times the total amount of the reasonable expenses incurred by the State in enforcing this section; and (d) Payment of interest on the amount charged at the rate fixed pursuant to NRS 99.040 for the period from the date upon which the amount charged was due to the date upon which the amount charged is paid. 2. A criminal action need not be brought against an employer described in subsection 1 before civil liability attaches under this section. 3. Any payment of money charged pursuant to the provisions of NRS 616D.200 or 616D.220 and collected pursuant to paragraph (a) or (d) of subsection 1 must be paid into the Uninsured Employers’ Claim Account. 4. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to the provisions of NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund. (Added to NRS by 1995, 1871; A 1997, 1443; 2001, 2771) NRS 616D.240 Deduction from wages of employee prohibited; requirement by employer that employee provide compensation on own behalf prohibited; enforcement of prohibited acts by Attorney General. 1. Any employer who makes any charge against any employee or who deducts from the wages of any employee any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his or her acceptance or rejection of chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a gross misdemeanor. 2. An employer who is required to provide compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and who requires an employee to provide or secure such compensation on the employee’s own behalf is guilty of a gross misdemeanor. 3. Any employer violating any provision of this section must be prosecuted by the Attorney General upon complaint of any employee who, as determined by the Attorney General, submits proper evidence of a violation. [38:168:1947; 1943 NCL § 2680.38]—(NRS A 1967, 637; 1987, 599; 1991, 2427; 1993, 756; 1995, 171; 1999, 229) NRS 616D.250 Refusal of employer to submit records for inspection; penalty. 1. A self-insured employer, a member of an association of self-insured public or private employers or an employer insured by a private carrier who refuses to submit his or her books, records and payroll to the Administrator or the private carrier for inspection as provided by NRS 616A.485 is subject to a penalty of $1,000 for each offense, to be collected by a civil action in the name of the Administrator or the private carrier, as applicable. 2. The person who makes such refusal is guilty of a misdemeanor. [Part 80:168:1947; 1943 NCL § 2680.80]—(NRS A 1981, 1498; 1993, 1873; 1995, 2034; 1999, 1800, 2417; 2001, 115) NRS 616D.260 Refusal of employer to produce document for audit; order to compel; penalty for failure to comply with order. 1. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an audit conducted by a private carrier or the Department of Taxation to verify the employer’s premium, the Administrator may issue a subpoena to require the production of that document. 2. If an employer refuses to produce any document as required by the subpoena, the Administrator may report to the district court by petition, setting forth that: (a) Due notice has been given of the time and place of the production of the document; (b) The employer has been subpoenaed by the Administrator pursuant to this section; and (c) The employer has failed or refused to produce the document required by the subpoena, Ê and asking for an order of the court compelling the employer to produce the document. 3. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the employer has not produced the document. A certified copy of the order must be served upon the employer. 4. If it appears to the court that the subpoena was regularly issued by the Administrator, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court. (Added to NRS by 1991, 2390; A 1993, 1873; 1997, 1444; 1999, 1800) NRS 616D.270 Failure to post and maintain notices. Any employer who fails: 1. To post the notice required by NRS 616A.490 and 616B.650 in a place that is readily accessible and visible to employees is guilty of a misdemeanor. 2. To maintain the notice or notices required by NRS 616A.490 and 616B.650 is guilty of a misdemeanor. [Part 36:168:1947; 1943 NCL § 2680.36]—(NRS A 1991, 2429; 1995, 2034) NRS 616D.290 Injury of minor unlawfully employed. If any worker at the time of an injury is under the minimum age prescribed by law for the employment of a minor in the occupation in which the worker is engaged when injured, the employer is liable to the Division for a penalty of not less than $300 nor more than $2,000, to be collected in a civil action at law by the Division. [Part 83:168:1947; A 1949, 659; 1943 NCL § 2680.83]—(NRS A 1981, 1499; 1993, 1876)—(Substituted in revision for NRS 616.670) NRS 616D.300 False statements or representations to obtain benefits; concealment of material fact to obtain benefits; penalty. Unless a different penalty is provided pursuant to NRS 616D.370 to 616D.410, inclusive, a person who knowingly makes a false statement or representation, including, but not limited to, a false statement or representation relating to the person’s identity or the identity of another person, or who knowingly conceals a material fact to obtain or attempt to obtain any benefit, including a controlled substance, or payment under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, for himself, for herself or for any other person, shall be punished as follows: 1. If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor. 2. If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130. Ê In addition to any other penalty, the court shall order the person to pay restitution. [73:168:1947; 1943 NCL § 2680.73]—(NRS A 1957, 29; 1983, 646; 1989, 1190; 1993, 759; 1995, 171, 1307, 1328, 1874; 1997, 569; 1999, 229) NRS 616D.310 False statements or representations concerning employment of person receiving benefits; penalty. A person who knowingly makes a false statement or representation concerning the employment of a person who is receiving benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1991, 2391; A 1993, 760; 1995, 1309; 1999, 230) NRS 616D.320 Employment of person who is receiving unlawful payments for temporary total disability prohibited; penalty. 1. An employer shall not knowingly offer employment or continue to employ a person who is receiving payments for a temporary total disability in violation of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or NRS 281.390. 2. An employer who is convicted of violating the provisions of subsection 1 is guilty of a gross misdemeanor. (Added to NRS by 1995, 1872; A 1999, 230) NRS 616D.330 Improper oral or written communications with treating physician or chiropractor of injured employee; exceptions; penalty. 1. An insurer, an employer, an organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or other compensated representative of an injured employee shall not initiate: (a) Any oral communication relating to the medical disposition of the claim of an injured employee with the injured employee’s examining or treating physician or chiropractor unless the initiator of the oral communication: (1) Maintains, in written form or in a form from which a written record may be produced, a log that includes the date, time and subject matter of the communication; and (2) Makes the log available, upon request, to each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the Administrator and the injured employee, the injured employee’s representative and the injured employee’s employer; or (b) Any written communication relating to the medical disposition of the claim with the injured employee’s examining or treating physician or chiropractor unless a copy of the communication is submitted to the injured employee or the injured employee’s representative in a timely manner. 2. If the Administrator determines that a person has violated the provisions of this section, the Administrator shall: (a) For an initial violation, issue a notice of correction. (b) For a second violation, impose an administrative fine of not more than $250. (c) For a third or subsequent violation, impose an administrative fine of not more than $1,000. (Added to NRS by 1997, 1789) FRAUDULENT PRACTICES NRS 616D.350 Definitions. As used in NRS 616D.350 to 616D.440, inclusive, unless the context otherwise requires: 1. “Charge” means any communication, whether oral, written, electronic or magnetic, which is used to identify specific accident benefits as reimbursable pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, or which may be used to determine a rate of payment pursuant to those chapters. 2. “Provider of health care” means a person who receives or attempts to receive payment from: (a) An insurer; (b) A third-party administrator; or (c) An organization for managed care which has contracted with an insurer or third-party administrator, Ê for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. 3. “Record” means any medical, professional or business record relating to: (a) The treatment or care of an injured employee; (b) Accident benefits provided to an injured employee; or (c) Rates paid for such accident benefits. (Added to NRS by 1993, 680; A 1995, 531, 1875)—(Substituted in revision for NRS 616.676) NRS 616D.360 Circumstances under which person is deemed to have knowledge of falsity or deemed to have made or caused certain action. For the purposes of NRS 616D.370 and 616D.380: 1. A person shall be deemed to know that a charge, statement or representation is false if the person knows, or by virtue of the person’s position, authority or responsibility has reason to know, of the falsity of the charge, statement or representation. 2. A person shall be deemed to have made or caused to be made a charge, statement or representation if the person: (a) Had the authority or responsibility to: (1) Make the charge, statement or representation; (2) Supervise another person who made the charge, statement or representation; or (3) Authorize the making of the charge, statement or representation, Ê whether by operation of law, business or professional practice or office procedure; and (b) Exercised that authority or responsibility or failed to exercise that authority or responsibility and, as a direct or indirect result, the charge, statement or representation was made. (Added to NRS by 1993, 681)—(Substituted in revision for NRS 616.677) NRS 616D.370 False charges, representations and statements; penalty. 1. A person shall not, by any act or omission: (a) Make a charge or cause it to be made knowing the charge to be false, in whole or in part; (b) Make or cause to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part; or (c) Make or cause to be made a statement or representation for use by another person to obtain accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part. 2. A person who violates any of the provisions of this section shall be punished: (a) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was $250 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution. (b) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was less than $250, for a misdemeanor, and must be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor. (Added to NRS by 1993, 681; A 1995, 1308)—(Substituted in revision for NRS 616.678) NRS 616D.380 Invoices containing false information; signature required; presumption. 1. Each invoice for payment for accident benefits provided to an injured employee must: (a) Contain a statement that all matters stated therein are true and accurate; and (b) Be signed by a natural person who is the provider of health care or is authorized to act for the provider of health care. 2. A person who, by any act or omission, signs or submits, or causes to be signed or submitted, the statement required by subsection 1, knowing that the invoice contains information which is false, in whole or in part, is guilty of a gross misdemeanor. 3. For the purposes of this section, a person who signs on behalf of a provider of health care is presumed to have the authorization of the provider of health care and to be acting at the direction of the provider of health care. 4. As used in this section, to “sign” means to affix a signature directly or indirectly by means of handwriting, a typewriter, a stamp, a computer impulse or other means. (Added to NRS by 1993, 681)—(Substituted in revision for NRS 616.679) NRS 616D.390 Certain acts relating to offer, payment, transfer, acceptance or solicitation of additional value prohibited; improper use of referral fees; exceptions; penalty. 1. Except as otherwise provided in subsection 2, a person shall not: (a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease; (b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or (c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral. 2. Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is: (a) A refund or discount made in the ordinary course of business; (b) Reflected by the books and records of the person transferring or receiving it; and (c) Reflected in the charges submitted to the insurer. 3. A provider of health care shall not offer, transfer or pay anything of value in connection with or in return for the referral to the provider of a patient for whom payment of accident benefits may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. 4. A person shall not, while acting on behalf of a provider of health care pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to any of those chapters in connection with the provision of the accident benefits. 5. A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received: (a) Is less than $250, is guilty of a gross misdemeanor. (b) Is $250 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1993, 682; A 1995, 1308; 1997, 3223) NRS 616D.400 Failure to maintain and make available necessary records; penalty. 1. A person who, upon submitting a charge for or upon receiving payment for accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, intentionally fails to maintain such records as are necessary to disclose fully the nature of the accident benefits for which a charge was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received, is guilty of a gross misdemeanor. 2. A person who fails to make such records available to the Attorney General or the Administrator upon reasonable request is guilty of a gross misdemeanor. 3. A person who intentionally destroys such records within 5 years after the date payment was received is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1993, 682; A 1995, 1309; 1999, 1801) NRS 616D.410 Conspiracy to commit prohibited acts. Any person who conspires with any other person to violate: 1. Any of the provisions of NRS 616D.200 is guilty of a misdemeanor. 2. Any of the provisions of NRS 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, is guilty of a gross misdemeanor. (Added to NRS by 1993, 684; A 1997, 3224) NRS 616D.420 Provider of health care convicted of fraudulent practice prohibited from receiving or accepting payment for accident benefits; penalty. 1. No provider of health care who has been convicted of violating any provision of NRS 616D.370 to 616D.410, inclusive, may, for 5 years after the date of the first conviction or at any time after the date of a second or subsequent conviction, receive or accept a payment for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. 2. A person who violates any provision of this section is guilty of a gross misdemeanor. (Added to NRS by 1995, 1872) NRS 616D.430 Civil penalties for person who receives payment or benefit to which person is not entitled. 1. A person who receives a payment or benefit to which the person is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 is liable in a civil action commenced by the Attorney General for: (a) An amount equal to three times the amount unlawfully obtained; (b) Not less than $5,000 for each act of deception; (c) An amount equal to three times the total amount of the reasonable expenses incurred by the State in enforcing this section; and (d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made. 2. A criminal action need not be brought against a person who receives a payment or benefit to which the person is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 before civil liability attaches under this section. 3. A person who unknowingly accepts a payment in excess of the amount to which the person is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the person returned or attempted to return the amount which was in excess of that to which the person was entitled within a reasonable time after receiving it. 4. Any repayment of money collected pursuant to paragraph (a) or (d) of subsection 1 must be paid to the insurer who made the payment to the person who violated the provisions of this section. Any payment made to an insurer may not exceed the amount paid by the insurer to that person. 5. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund. (Added to NRS by 1993, 683; A 1995, 1875; 1999, 1801) NRS 616D.440 False claim for payment: Withholding by insurer of payment to provider of health care; procedure for withholding; appeal. 1. An insurer may withhold any payment due a provider of health care pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, in whole or in part, upon receipt of reliable evidence that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment. The insurer may withhold such a payment without first notifying the provider of health care of its intention to do so. 2. The insurer shall, within 5 days after withholding such a payment, send notice of the withholding to the provider of health care by certified mail or electronic transmission. The notice must: (a) Set forth the factual basis for the withholding, but need not disclose specific information regarding the insurer’s investigation; (b) Indicate that the payment is being withheld pursuant to the provisions of this section; (c) Indicate that the payment is being withheld temporarily, as set forth in subsection 4, and describe the circumstances under which the withholding will be terminated; (d) Specify the charge submitted by the provider of health care for which the payment is being withheld; and (e) Notify the provider of health care of the right of the provider of health care to appeal the withholding. 3. A provider of health care may appeal the decision of the insurer to withhold payment to an appeals officer pursuant to NRS 616C.360. 4. Any payment withheld pursuant to the provisions of this section must be made to the provider of health care if: (a) The insurer or the Attorney General determines that there is insufficient evidence to prove that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment; or (b) A final judgment or decree was rendered in favor of the provider of health care in a criminal proceeding arising out of the alleged misconduct. (Added to NRS by 1993, 683; A 1997, 1444) REPORTING VIOLATIONS NRS 616D.550 Duty to report violations to Fraud Control Unit for Industrial Insurance. 1. An insurer, organization for managed care, health care provider, employer, third-party administrator or public officer who believes, or has reason to believe, that: (a) A fraudulent claim for benefits under a policy of insurance has been made, or is about to be made; (b) An employer within the provisions of NRS 616B.633 has: (1) Knowingly made a false statement or representation concerning the amount of payroll upon which a premium is based; or (2) Failed to provide and secure compensation under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or has failed to maintain that compensation; (c) A provider of health care has submitted an invoice for payment for accident benefits that contains information which the provider knows is false; or (d) A person has committed any other fraudulent practice under this chapter or chapter 616A, 616B, 616C or 617 of NRS, Ê shall report that belief to the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. 2. The Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 may require a person who submits a report pursuant to subsection 1 to submit that report on a form prescribed by the Unit. (Added to NRS by 1997, 3218; A 1999, 230) NRS 616D.560 Duty of Administrator and Fraud Control Unit for Industrial Insurance to report and share information relating to violations. The Administrator and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 shall establish procedures to ensure that: 1. The Administrator, in accordance with the established procedures, reports to the Unit violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, of which the Administrator becomes aware; 2. For the purposes of NRS 616D.120, the Unit notifies the Administrator in a timely manner whether the Unit will prosecute a person who has violated the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and 3. The Administrator and the Unit share other information of which they are aware relating to violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive. (Added to NRS by 1997, 3219) PROSECUTION NRS 616D.600 Prosecution of criminal actions by Attorney General: Prosecution not precluded by commencement of civil action; duty to furnish information to assist in prosecution; penalty. 1. The Attorney General may prosecute all criminal actions for the violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive. The commencement of a civil action by the Attorney General pursuant to NRS 616D.230 or 616D.430 or for the recovery of any civil penalties, fines, fees or assessments imposed pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS does not preclude the prosecution of a criminal action by the Attorney General pursuant to this section. 2. Upon request, any person shall furnish to the Attorney General information which would assist in the prosecution of any person alleged to have violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive. Any person who fails to furnish such information upon request is guilty of a misdemeanor. (Added to NRS by 1993, 684; A 1995, 1876)—(Substituted in revision for NRS 616.710) NRS 616D.610 Inspection of employer’s books, records and payroll by Attorney General; subpoena; court order; penalty. 1. The books, records and payrolls of an employer pertinent to the investigation of a violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or any fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of benefits for industrial insurance, must always be open to inspection by an investigator for the Attorney General for the purpose of ascertaining the correctness of such information and as may be necessary for the Attorney General to carry out his or her duties pursuant to NRS 228.420. If the books, records or payrolls are located outside this State, the employer shall make any records requested pursuant to this section available in this State for inspection within 10 working days after the request. 2. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an investigation conducted by the Fraud Control Unit for Industrial Insurance, the Attorney General may issue a subpoena to require the production of that document. 3. If an employer refuses to produce any document as required by the subpoena, the Attorney General may report to the district court by petition, setting forth that: (a) Due notice has been given of the time and place of the production of the document; (b) The employer has been subpoenaed by the Attorney General pursuant to this section; and (c) The employer has failed or refused to produce the document required by the subpoena, Ê and asking for an order of the court compelling the employer to produce the document. 4. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the employer has not produced the document. A certified copy of the order must be served upon the employer. 5. If it appears to the court that the subpoena was regularly issued by the Attorney General, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court. (Added to NRS by 1993, 684; A 1995, 1876)—(Substituted in revision for NRS 616.720) NRS 616D.620 Penalty for certain violations; liability for costs of investigation and prosecution; contents of judgment of conviction; receipt of certain money by Attorney General to be used to pay salaries of Fraud Control Unit for Industrial Insurance. 1. If a person is convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, the person: (a) Forfeits all rights to compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS after conviction for the offense; and (b) Is liable for: (1) The reasonable costs incurred by an insurer and the office of the Attorney General to investigate and act upon the violation; (2) All costs incurred for the prosecution of the person by the court in which the conviction was obtained; and (3) The payments or benefits fraudulently obtained under chapters 616A to 616D, inclusive, or chapter 617 of NRS. 2. A judgment of conviction entered against the person must contain a provision which requires the person convicted to pay the costs of investigation and prosecution and the payments or benefits specified in subsection 1. 3. Any money received by the Attorney General pursuant to subparagraph (1) of paragraph (b) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund. (Added to NRS by 1993, 685; A 1993, 2450; 1995, 1877)—(Substituted in revision for NRS 616.730) GENERAL PROVISIONS NRS 617.010 Short title. This chapter shall be known as the Nevada Occupational Diseases Act. [1:44:1947; 1943 NCL § 2800.01] NRS 617.015 Rights and liabilities of employers and employees. Every employee and the dependent or dependents of such employee and the employer or employers of such employee shall be entitled to all the applicable rights, benefits and immunities and shall be subject to all the applicable liabilities and regulations provided for injured employees and their employers by chapters 616A to 616D, inclusive, of NRS unless otherwise provided in this chapter. [Part 41:44:1947; 1943 NCL § 2800.41]—(Substituted in revision for NRS 617.240) NRS 617.017 Rights and remedies exclusive; provisions of chapter conclusive and obligatory; exclusive remedy extends to architects and engineers working for contractor; compensation bars recovery in other states. 1. The rights and remedies provided in this chapter on account of an occupational disease sustained by an employee, arising out of and in the course of the employment, are exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, the employee’s personal or legal representative, dependents or next of kin, at common law or otherwise, on account of the disease. 2. The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for such diseases sustained or death resulting from such diseases are conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter. 3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any occupational disease sustained by an employee of any contractor in the performance of the contract, to every architect or engineer who performs services for the contractor or any such beneficially interested persons. 4. If an employee receives any compensation or medical benefits under this chapter, the acceptance of the compensation or benefits is in lieu of any other compensation, award or recovery against his or her employer under the laws of any other state or jurisdiction and the employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction. [19:44:1947; 1943 NCL § 2800.19]—(NRS A 1983, 456)—(Substituted in revision for NRS 617.270) NRS 617.020 Definitions. Unless a different meaning is clearly indicated by the context, the definitions set forth in NRS 617.030 to 617.150, inclusive, and the definitions set forth in chapter 616A of NRS for additional terms and phrases govern the construction and meaning of the terms and phrases used in this chapter. [3:44:1947; 1943 NCL § 2800.03] + [4:44:1947; 1943 NCL § 2800.04]—(NRS A 1975, 650; 1977, 188; 1987, 589) NRS 617.030 “Casual” defined. “Casual” refers only to employments where the work contemplated is to be completed in 20 working days or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of the work is less than $500. [Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1981, 716; 1987, 923) NRS 617.050 “Compensation” defined. “Compensation” means the money which is payable to an employee or to the dependents of the employee as provided for in this chapter, and includes benefits for funerals, medical benefits and money for rehabilitative services. [7:44:1947; 1943 NCL § 2800.07]—(NRS A 1987, 923) NRS 617.060 “Disablement” and “total disablement” defined. “Disablement” and “total disablement” are used interchangeably in this chapter and mean the event of becoming physically incapacitated by reason of an occupational disease arising out of and in the course of employment as defined in this chapter from engaging, for remuneration or profit, in any occupation for which he or she is or becomes reasonably fitted by education, training or experience. [Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1973, 367; 1981, 716) NRS 617.065 “Disease related to asbestos” defined. “Disease related to asbestos” means any disease caused by the inhalation of the fibers of asbestos, including but not limited to: 1. Interstitial pulmonary fibrosis; 2. Mesothelioma; and 3. Bronchogenic, laryngeal, lymphatic or gastrointestinal carcinoma. (Added to NRS by 1987, 589) NRS 617.070 “Employee” and “worker” defined. “Employee” and “worker” are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively: 1. Aliens and minors. 2. All elected and appointed paid public officers. 3. Members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay. 4. Volunteer firefighters entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145. 5. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands. [10:44:1947; 1943 NCL § 2800.10]—(NRS A 1965, 368; 1967, 1370; 1975, 621, 1021; 1979, 949; 1987, 600; 2005, 343) NRS 617.080 “Employee”: Persons excluded. “Employee” excludes: 1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his or her employer. 2. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter. 3. Any person engaged as a theatrical or stage performer or in an exhibition. 4. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements. 5. Any person performing services as a voluntary ski patroller who receives no compensation for his or her services other than meals, lodging, or use of the ski tow or lift facilities. 6. Any person who performs services as a sports official for a nominal fee at a sporting event that is amateur, intercollegiate or interscholastic and is sponsored by a public agency, public entity or private, nonprofit organization. As used in this subsection, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper or other person who is a neutral participant in a sporting event. 7. Any person who: (a) Directly sells or solicits the sale of products, in person or by telephone: (1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the Administrator of the Division of Industrial Relations of the Department of Business and Industry by regulation, if the products are to be resold to another person in his or her home or place other than a retail store; or (2) To another person from his or her home or place other than a retail store; (b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that the person works; and (c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that the person who performs the services is not an employee for the purposes of this chapter. [Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1975, 1021; 1979, 950; 1981, 716; 1997, 163; 2003, 1586) NRS 617.091 “Employee”: Lessees engaged in mining or operating a reduction plant. Except as provided in subsection 2 of NRS 617.250, a lessee engaged in either mining or operating a reduction plant shall be deemed to be: 1. An employee of the lessor; and 2. For the purposes of this chapter, employed at the average wage paid to a miner employed regularly in the same locality. (Added to NRS by 1987, 600) NRS 617.100 “Employee”: Subcontractors and employees. 1. Except as otherwise provided in NRS 617.175, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor for the purposes of this chapter. 2. This section does not affect the relationship between a principal contractor and a subcontractor or independent contractor for any purpose outside the scope of this chapter. [16:44:1947:1943 NCL § 2800.16]—(NRS A 1981, 716; 1991, 2430) NRS 617.105 “Employee”: Real estate licensees. Any real estate licensee doing business in this State and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $1,500 per month. (Added to NRS by 1977, 928; A 1999, 1731) NRS 617.110 “Employer” defined. “Employer” means: 1. Except as otherwise provided in subsection 4 of NRS 617.210, the State and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed. 2. Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service any employee under a contract of hire. 3. The legal representative of any deceased employer. 4. The Nevada Rural Housing Authority. [Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981, 716; 1995, 819; 2001, 610) NRS 617.120 “Independent contractor” defined. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s work only and not as to the means by which such result is accomplished. [12:44:1947; 1943 NCL § 2800.12] NRS 617.130 “Medical benefits” defined. 1. “Medical benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including prosthetic devices. 2. The term does not include: (a) Exercise equipment, a hot tub or a spa for an employee’s home; (b) Membership in an athletic or health club; (c) Except as otherwise provided in NRS 617.385, a motor vehicle; or (d) The costs of operating a motor vehicle provided pursuant to NRS 617.385, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle. [8:44:1947; 1943 NCL § 2800.08]—(NRS A 1993, 765) NRS 617.135 “Police officer” defined. “Police officer” includes: 1. A sheriff, deputy sheriff, officer of a metropolitan police department or city police officer; 2. A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol Division of the Department of Public Safety; 3. A chief, investigator or agent of the Investigation Division of the Department of Public Safety; 4. A chief, supervisor, investigator or training officer of the Training Division of the Department of Public Safety; 5. A chief or investigator of an office of the Department of Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees; 6. A chief or investigator of the Department of Public Safety whose duties include, without limitation: (a) The execution, administration or enforcement of the provisions of chapter 179A of NRS; and (b) The provision of technology support services to the Director and the divisions of the Department of Public Safety; 7. An officer or investigator of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles; 8. An investigator of the Division of Compliance Enforcement of the Department of Motor Vehicles; 9. A member of the police department of the Nevada System of Higher Education; 10. A: (a) Uniformed employee of; or (b) Forensic specialist employed by, Ê the Department of Corrections whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies; 11. A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety; 12. A forensic specialist or correctional officer employed by the Division of Mental Health and Developmental Services of the Department of Health and Human Services at facilities for mentally disordered offenders; 13. The State Fire Marshal and his or her assistant and deputies; 14. A game warden of the Department of Wildlife who has the powers of a peace officer pursuant to NRS 289.280; and 15. A ranger or employee of the Division of State Parks of the State Department of Conservation and Natural Resources who has the powers of a peace officer pursuant to NRS 289.260. (Added to NRS by 1981, 850; A 1983, 730, 1244; 1985, 1081, 1997; 1991, 1702; 1993, 417, 550, 1876; 1995, 322, 579; 1999, 116, 3594; 2001, 948, 2632; 2001 Special Session, 246; 2003, 180, 2527; 2005, 2240; 2009, 2426) NRS 617.140 “Silicosis” defined. “Silicosis” shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. [Part 26:44:1947; A 1949, 365; 1953, 297] NRS 617.145 “Sole proprietor” defined. “Sole proprietor” means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada. (Added to NRS by 1975, 1020; A 1981, 717) NRS 617.150 “Subcontractors” defined. “Subcontractors” shall include independent contractors. [15:44:1947; 1943 NCL § 2800.15] ADMINISTRATION NRS 617.160 Division of Industrial Relations to administer chapter. This chapter must be administered by the Division of Industrial Relations of the Department of Business and Industry in the same manner as provided for in chapters 616A to 616D, inclusive, of NRS. [2:44:1947; 1943 NCL § 2800.02] + [Part 39:44:1947; A 1951, 372]—(NRS A 1973, 1597; 1981, 1499; 1993, 1876) NRS 617.165 Procedures for determination of contested cases. The Chief of the Hearings Division of the Department of Administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter. (Added to NRS by 1973, 1596; A 1975, 764; 1977, 1390; 1981, 1140) PREMIUMS AND ACCOUNTS NRS 617.1665 Payment of premiums by employers insured by private carrier. Every employer insured by a private carrier, to receive the benefits of this chapter and to provide and secure compensation for his or her employees, shall pay premiums according to the classification and rules filed by the advisory organization, and the rates filed by the insurers, with the Commissioner. [Part 33:44:1947; 1943 NCL § 2800.33]—(NRS A 1979, 1061; 1981, 1502; 1983, 1308; 1995, 2035; 1999, 1802) NRS 617.1675 Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Creation; interest and income; administration. 1. There is hereby created in the State General Fund the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities. The Account consists of money appropriated to the Account by the Legislature and interest and income earned pursuant to subsection 2. 2. The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account. 3. The Account must be administered by the State Treasurer. The money in the Account may be expended only for the purposes set forth in NRS 617.168 and none of the money in the Account may be expended for administrative purposes. The expenditures must be made on claims approved by the insurer and paid as other claims against the State are paid. (Added to NRS by 1975, 821; A 1981, 1502; 1983, 1589; 1985, 723; 1987, 590; 1991, 1802; 1999, 1802) NRS 617.168 Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Uses and purposes; reversion. 1. The money in the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities must be expended to provide: (a) The continuing benefits described in subsection 6 of NRS 617.460; (b) The increased benefits for permanent total disability described in NRS 616C.455; and (c) The increased death benefits described in NRS 616C.510. 2. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto pursuant to subsection 1, the State Treasurer shall pay an amount equal to that shown on the statement from the Account to the insurer. 3. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent who are provided benefits or increased benefits pursuant to the provisions of subsection 1 are no longer eligible for those benefits, the balance of the Account must revert to the State General Fund. (Added to NRS by 1975, 822; A 1981, 1502; 1985, 723; 1987, 590; 1991, 1802; 1999, 1802) LIABILITY FOR PROVISION OF COVERAGE Applicability NRS 617.170 No liability created for disability or death occurring before July 1, 1947. Nothing in this chapter shall create any liability on the part of any employer where disability or death occurred prior to July 1, 1947. [40:44:1947; 1943 NCL § 2800.40] NRS 617.175 Independent enterprises. 1. A person is not an employer for the purposes of this chapter if: (a) The person enters into a contract with another person or business which is an independent enterprise; and (b) The person is not in the same trade, business, profession or occupation as the independent enterprise. 2. As used in this section, “independent enterprise” means a person who holds himself or herself out as being engaged in a separate business and: (a) Holds a business or occupational license in his or her own name; or (b) Owns, rents or leases property used in furtherance of the business. 3. The provisions of this section do not apply to a principal contractor who is licensed pursuant to chapter 624 of NRS. (Added to NRS by 1991, 2429)—(Substituted in revision for NRS 617.155) NRS 617.190 Devices modifying liability void. 1. Except as otherwise provided for in this chapter, no contract of employment, insurance, relief benefit, indemnity, or any other device, shall modify, change or waive any liability created by this chapter. 2. A contract of employment, insurance, relief benefit, indemnity, or other device having for its purpose the waiver or modification of the terms of liability created by this chapter shall be void. [24:44:1947; A 1951, 372] NRS 617.200 Employers to provide compensation; employer and insurer relieved from liability. 1. Every employer within the provisions of this chapter, and those employers who accept the terms of this chapter and are governed by its provisions, shall provide and secure compensation according to the terms, conditions and provisions of this chapter for all occupational diseases contracted by an employee arising out of and in the course of the employment. 2. In such cases the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those occupational diseases, unless otherwise provided by the terms of this chapter. [Part 18:44:1947; A 1949, 365; 1953, 297]—(NRS A 1995, 2035) NRS 617.203 Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor. A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if: 1. The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter; 2. Proof of such coverage is provided to the principal contractor; 3. The principal contractor is not engaged in any construction project; and 4. The independent contractor is not in the same trade, business, profession or occupation as the principal contractor. (Added to NRS by 1991, 2429) NRS 617.205 Self-insured employers to provide compensation; contributions not required; administration of claims; compliance with NRS 616B.300. 1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his or her employees and their beneficiaries under this chapter. 2. A self-insured employer is not required to pay the contributions required of other employers by NRS 617.1665. 3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the Division with respect thereto. 4. The security deposited pursuant to NRS 616B.300 does not relieve the employer from responsibility for the administration of claims and payment of compensation under this chapter. 5. A self-insured employer qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.300. (Added to NRS by 1979, 1061; A 1981, 1499; 1993, 1876) NRS 617.206 Effect of certification as association of self-insured public or private employers; responsibilities of association. 1. An association that is certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under this chapter. 2. An association is not required to pay the contributions required of employers by NRS 617.1665. 3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of a member of an association must be handled in the manner provided by this chapter, and the association is subject to the regulations of the Division with respect thereto. 4. The security deposited pursuant to NRS 616B.353 does not relieve the association from responsibility for the administration of claims and payment of compensation under this chapter. 5. An association of self-insured public or private employers qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.353. (Added to NRS by 1993, 762) NRS 617.207 Applicability to officers of quasi-public and private corporations and managers of limited-liability companies; rejection of coverage by certain officers and managers. 1. If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who: (a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year. (b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per policy year. 2. An officer or manager who does not receive pay for services performed may elect to reject coverage for himself or herself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer. 3. An officer or manager of such a corporation or company who: (a) Owns the corporation or company; and (b) Receives pay for the services performed, Ê may elect to reject coverage for himself or herself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer. 4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer. (Added to NRS by 1987, 599; A 1993, 44; 1997, 1445, 1500; 1999, 455, 1732; 2001, 113, 610, 2457; 2003, 1587) NRS 617.210 Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees. 1. Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the State or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. A state agency, political subdivision or metropolitan police department may furnish coverage under this chapter for a contractor as specified in the contract. 2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his or her employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department an affidavit indicating that the sole proprietor: (a) In accordance with the provisions of NRS 617.225, has not elected to be included within the terms, conditions and provisions of this chapter; and (b) Is otherwise in compliance with those terms, conditions and provisions. 3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain coverage for himself or herself under this chapter during any period in which the sole proprietor performs work under the contract for which he or she submitted the affidavit. 4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor pursuant to subsection 1: (a) Shall be deemed not to be the employer of the sole proprietor or the employees of the sole proprietor, if any; and (b) Is not liable as a principal contractor to the sole proprietor or the employees of the sole proprietor, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract. [20:44:1947; 1943 NCL § 2800.20]—(NRS A 1981, 1500; 1985, 665; 1993, 550; 2001, 611) NRS 617.215 Actions at law. If any employer fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in case of death, the dependents of the employee, may bring an action at law against the employer for damages as if this chapter did not apply. [22:44:1947; A 1949, 365; 1953, 297]—(NRS A 1967, 637; 1977, 237; 1991, 2432)—(Substituted in revision for NRS 617.490) Election of Coverage NRS 617.220 Applicability to employers of excluded persons. Employers whose employees are excluded by NRS 617.080 may elect to cover such employees under the provisions of this chapter by notifying the insurer and the Administrator in writing. The notification subjects an employer to the provisions of this chapter until the employer submits to the insurer and the Administrator a notice in writing that the employer withdraws his or her election. [Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981, 1500; 1987, 655) NRS 617.225 Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election. 1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself or herself compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his or her self-employment by filing a written notice of election with the Administrator and a private carrier. 2. A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of this chapter to submit to a physical examination by a physician selected by the private carrier before the commencement of coverage and on a yearly basis thereafter. If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor. 3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the Commissioner. 4. If a sole proprietor fails to pay all premiums required by the regulations of the Commissioner, the failure operates as a rejection of this chapter. 5. A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the Commissioner until the sole proprietor files a written notice with the private carrier and the Administrator that the sole proprietor withdraws his or her election. 6. For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month. (Added to NRS by 1975, 1020; A 1981, 1500; 1993, 1877; 1995, 2034; 1999, 1803; 2001, 2458; 2003, 175) NRS 617.250 Reporting of lessees engaged in mining or operating reduction plant. 1. A lessee engaged in either mining or operating a reduction plant, whose employer is within the provisions of this chapter, must be reported by the employer separately from persons employed at a daily wage, and the report must describe briefly: (a) The agreement under which the work is to be performed; (b) The aggregate number of shifts worked during the preceding month; and (c) The total amount earned by lessees, computed on the average daily wages of workers engaged in like work in the same locality. Ê Otherwise, the payroll reports and premium payments on earnings of lessees described in this section are governed by the requirements of this chapter regarding employees engaged at a regular wage. 2. If such a lessee files with the Administrator and the insurer an acceptance of the provisions of this chapter and, if applicable, pays the premiums in advance upon the estimated earnings of the lessee and any workers he or she may employ, the lessor is relieved of this obligation. [14:44:1947; 1943 NCL § 2800.14]—(NRS A 1967, 1370; 1975, 621, 1022; 1977, 236; 1981, 1500; 1987, 600; 1995, 2035) REPORTS OF OCCUPATIONAL DISEASES AND CLAIMS FOR COMPENSATION NRS 617.342 Notice of occupational disease: Requirements; availability of form; retention. 1. An employee or, in the event of the employee’s death, one of the dependents of the employee, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 7 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment. 2. The notice required by subsection 1 must: (a) Be on a form prescribed by the Administrator. The form must allow the employee or the dependent of the employee to describe briefly the circumstances which caused the disease or death. (b) Be signed by the employee or by a person on behalf of the employee, or in the event of the employee’s death, by one of the dependents of the employee or by a person acting on behalf of the dependent. (c) Include an explanation of the procedure for filing a claim for compensation. (d) Be prepared in duplicate so that the employee or the dependent of the employee and the employer can retain a copy of the notice. 3. Upon receipt of the notice required by subsection 1, the employer, the employee’s supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights. 4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his or her employees. 5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by a private carrier shall not file a notice of injury with the private carrier. (Added to NRS by 1993, 762; A 1995, 2161; 1997, 1445; 1999, 1803) NRS 617.344 Claim for compensation: Requirements for diseased employee, dependent or representative to file claim; form. 1. Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on behalf of the employee, shall file a claim for compensation with the insurer within 90 days after the employee has knowledge of the disability and its relationship to his or her employment. 2. In the event of the death of the employee resulting from the occupational disease, a dependent of the employee, or a person acting on his or her behalf, shall file a claim for compensation with the insurer within 1 year after the death of the employee. 3. The claim for compensation must be filed on a form prescribed by the Administrator. (Added to NRS by 1993, 763) NRS 617.345 Handling of claims by private carrier subject to provisions of chapter; employer and private carrier subject to regulations of Division. The claims of employees and their dependents resulting from injuries while in the employment of employers insured by a private carrier must be handled in the manner provided in this chapter, and the employer and the private carrier are subject to the regulations of the Division with respect thereto. (Added to NRS by 1995, 2034) NRS 617.346 Recovery of compensation barred if notice of occupational disease or claim for compensation is not filed; exceptions. 1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, the dependent of the employee, is barred from recovering compensation pursuant to the provisions of this chapter if he or she fails to file a notice of an occupational disease pursuant to NRS 617.342 or a claim for compensation pursuant to NRS 617.344. 2. An insurer may excuse the failure to file a notice of an occupational disease or claim for compensation pursuant to the provisions of this section if: (a) The employee’s disease or another cause beyond his or her control prevented him or her from providing the notice or the claim; (b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law; (c) The failure was caused by the physical or mental inability of the employee or the dependent; or (d) The failure was caused by fraud, misrepresentation or deceit. (Added to NRS by 1993, 763) NRS 617.348 Dependent of employee barred from filing claim for compensation if untimely or previously denied. A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if: 1. The time for filing the claim has expired pursuant to NRS 617.346; or 2. The employee or another dependent filed a claim for compensation for that occupational disease, the claim was denied and the denial has become final pursuant to the regulations adopted pursuant to NRS 617.165 or in an action for judicial review filed pursuant to NRS 617.405. (Added to NRS by 1993, 762) NRS 617.352 Claim for compensation: Duty of treating physician or chiropractor to file or delegate duty to medical facility; electronic filing; form and contents; maintenance of forms; penalty. 1. Except as otherwise provided in this section, a treating physician or chiropractor shall, within 3 working days after first providing treatment to an employee who has incurred an occupational disease, complete and file a claim for compensation with the employer of the employee and the employer’s insurer. If the employer is a self-insured employer, the treating physician or chiropractor shall file the claim for compensation with the employer’s third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, the physician or chiropractor shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request. 2. A physician or chiropractor who has a duty to file a claim for compensation pursuant to subsection 1 may delegate the duty to a medical facility. If the physician or chiropractor delegates the duty to a medical facility: (a) The medical facility must comply with the filing requirements set forth in this section; and (b) The delegation must be in writing and signed by: (1) The physician or chiropractor; and (2) An authorized representative of the medical facility. 3. A claim for compensation required by subsection 1 must be filed on a form prescribed by the Administrator. 4. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the employee’s ability to work. 5. Each physician, chiropractor and medical facility that treats employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the Division shall maintain at their offices a sufficient supply of the forms prescribed by the Administrator for filing a claim for compensation. 6. The Administrator may impose an administrative fine of not more than $1,000 for each violation of subsection 1 on: (a) A physician or chiropractor; or (b) A medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to this section. (Added to NRS by 1993, 764; A 1995, 649; 1997, 1446; 2003, 2309) NRS 617.354 Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty. 1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, an employer shall complete and file with the employer’s insurer or third-party administrator an employer’s report of industrial injury or occupational disease. 2. The report must: (a) Be filed on a form prescribed by the Administrator; (b) Be signed by the employer or the employer’s designee; (c) Contain specific answers to all questions required by the regulations of the Administrator; and (d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, indicates that the employee is expected to be off work for 5 days or more. 3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or the employer’s designee. The form must be mailed within 7 days after receiving such a request. 4. The Administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section. (Added to NRS by 1993, 764; A 1997, 1447; 1999, 3147; 2003, 2310) NRS 617.356 Duty of insurer to accept or deny claim; written determination. 1. An insurer shall accept or deny a claim for compensation under this chapter and notify the claimant or the person acting on behalf of the claimant pursuant to NRS 617.344 that the claim has been accepted or denied within 30 working days after the forms for filing the claim for compensation are received pursuant to both NRS 617.344 and 617.352. 2. The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 by: (a) Mailing its written determination to the claimant or the person acting on behalf of the claimant; and (b) If the claim has been denied, in whole or in part, obtaining a certificate of mailing. 3. The failure of the insurer to obtain a certificate of mailing as required by paragraph (b) of subsection 2 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section. 4. Upon request, the insurer shall provide a copy of the certificate of mailing, if any, to the claimant or the person acting on behalf of the claimant. 5. For the purposes of this section, the insurer shall mail the written determination to: (a) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or (b) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address. 6. As used in this section, “certificate of mailing” means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing. (Added to NRS by 1993, 764; A 2007, 3366) NRS 617.357 Claims regarding diseases of heart or lungs, infectious diseases or cancer: Reports by insurers to Administrator; public reports by Administrator. 1. Each insurer shall submit to the Administrator a written report concerning each claim for compensation that is filed with the insurer for an occupational disease of the heart or lungs or any occupational disease that is infectious or relates to cancer. The written report must be submitted to the Administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include: (a) A statement specifying the nature of the claim; (b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial; (c) A statement indicating the estimated medical costs for the claim; and (d) Any other information required by the Administrator. 2. If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the Administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened. 3. On or before February 1 of each year, the Administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written report must include: (a) The information submitted to the Administrator by an insurer pursuant to this section during the immediately preceding year; and (b) Any other information concerning those claims required by the Administrator. (Added to NRS by 2001, 828) DETERMINATION AND PAYMENT OF BENEFITS NRS 617.358 Compensation prohibited unless preponderance of evidence establishes that disease arose out of and in course of employment; rebuttable presumption if notice of disease is filed after termination of employment; exceptions. 1. An employee or the dependents of the employee are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or the dependents of the employee establish by a preponderance of the evidence that the employee’s occupational disease arose out of and in the course of his or her employment. 2. If the employee files a notice of an occupational disease pursuant to NRS 617.342 after his or her employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his or her employment. 3. The provisions of this section do not apply to any claim filed for an occupational disease described in NRS 617.453, 617.455, 617.457, 617.485 or 617.487. (Added to NRS by 1993, 764; A 2009, 546) NRS 617.362 Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer. 1. An insurer shall not provide compensation to or for an employee or the dependents of the employee before the compensation is required to be paid pursuant to the provisions of this chapter. 2. If, within 30 days after a payment is made to an injured employee pursuant to the provisions of this chapter, the insurer determines that it has overpaid the employee as a result of a clerical error in its calculation of the amount of payment or as a result of using improper or incorrect information to determine the employee’s eligibility for compensation or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the employee is entitled, other than medical benefits, if: (a) The insurer notifies the employee in writing of its determination; (b) The insurer informs the employee of the right of the employee to contest the deduction; and (c) The employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that an overpayment was made. 3. Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the employee. (Added to NRS by 1993, 761) NRS 617.364 Newly developed injury or disease: Inclusion in original claim for compensation; limitation. If, after a claim for compensation is filed pursuant to NRS 617.344: 1. The employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and 2. The employee’s medical records for the occupational disease reported do not include a reference to the injury or disease for which treatment is being sought, Ê the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury and disease for which treatment is being sought and the occupational disease reported pursuant to NRS 617.344. (Added to NRS by 1993, 761) NRS 617.366 Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related occupational disease by incident which is not employment related. 1. The resulting condition of an employee who: (a) Has a preexisting condition from a cause or origin that did not arise out of and in the course of the employee’s current or past employment; and (b) Subsequently contracts an occupational disease which aggravates, precipitates or accelerates the preexisting condition, Ê shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition. 2. The resulting condition of an employee who: (a) Contracts an occupational disease; and (b) Subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his or her employment, Ê shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition. (Added to NRS by 1993, 762; A 1995, 2162; 1999, 1804) NRS 617.370 Medical examination; refusal to submit; testimony of physician. 1. Any employee who is entitled to receive compensation under this chapter shall, if: (a) Requested by the insurer; or (b) Ordered by an appeals officer, or a hearing officer, Ê submit to a medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the Division. 2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination. 3. The request or order for an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, the employee’s physical condition and ability to attend at the time and place fixed. 4. The employee is entitled to have a physician, provided and paid for by the employee, present at any such examination. 5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, the right of the employee to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension. 6. Any physician who makes or is present at any such examination may be required to testify as to the result thereof. [36:44:1947; 1943 NCL § 2800.36]—(NRS A 1975, 764; 1977, 316; 1981, 1172, 1504; 1983, 457; 1993, 767, 1879; 1995, 579) NRS 617.380 Autopsy: Order by insurer; findings of physician. 1. On the filing of a claim for compensation for death from an occupational disease where in the opinion of the insurer it is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered by the insurer. The autopsy must be made by a person designated by the insurer. 2. The person requesting an autopsy must pay the charge of the physician making it. 3. Any person interested may designate a duly licensed physician to attend the autopsy. 4. The findings of the physician performing the autopsy must be filed with the insurer and is a public record. 5. All proceedings for compensation must be suspended upon refusal of a claimant or claimants to permit an autopsy when so ordered. 6. When an autopsy has been performed pursuant to an order of the insurer, no cause of action may lie against any person for participating in or requesting such autopsy. [38:44:1947; 1943 NCL § 2800.38]—(NRS A 1981, 1173, 1504) NRS 617.385 Limitation on receipt of modified motor vehicle as medical benefit. 1. An employee is entitled to receive as a medical benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if: (a) As a result of an occupational disease arising out of and in the course of his or her employment, the employee is quadriplegic, paraplegic or has had a part of his or her body amputated; and (b) The employee cannot be fitted with a prosthetic device which allows the employee to operate a motor vehicle safely. 2. If an employee is entitled to receive a motor vehicle pursuant to subsection 1, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference: (a) A motor vehicle owned by the employee must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so. (b) A used motor vehicle must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so. (c) A new motor vehicle must be so modified. (Added to NRS by 1993, 761) NRS 617.390 Compensation for both injury and disease. 1. Compensation may be awarded for both injury and disease. 2. If an employee claims to be suffering from both an occupational disease and an injury, the insurer shall determine whether the disease or the injury or both, are related to the disability and shall order payment of compensation from the proper funds. 3. Compensation awarded for both injury and disease must not exceed the amount payable for the total percentage of disability. [30:44:1947; 1943 NCL § 2800.30]—(NRS A 1979, 1063; 1981, 850, 1504) NRS 617.392 Compensation for combination of injuries, illnesses and disabilities. A person described in this chapter may be determined to be totally disabled and eligible to receive compensation for disability as a result of a combination of injuries, illnesses and disabilities arising out of and in the course of his or her employment. (Added to NRS by 1981, 850) NRS 617.395 Compensation for mastectomy and reconstructive surgery. 1. If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy. 2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery. 3. For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy. (Added to NRS by 1983, 617; A 1989, 1892) NRS 617.400 Compensation: Effect of false representation, willful misconduct and self-exposure. 1. No compensation may be awarded on account of disability or death from a disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, knowingly and falsely represented himself or herself as not having previously suffered from the disease. 2. No compensation is payable under this chapter when disability or death is wholly or in part caused by the willful misconduct or willful self-exposure of the employee. [29:44:1947; 1943 NCL § 2800.29]—(NRS A 1993, 767) NRS 617.401 Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims; eligibility of employee; liability of employer; powers and duties of Division; appeals; penalty; collection. 1. The Division shall designate one: (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or (b) Insurer, other than a self-insured employer or association of self-insured public or private employers, Ê to administer claims against the Uninsured Employers’ Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator. 2. Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers’ Claim Account if: (a) The employee was hired in this State or is regularly employed in this State; (b) The employee contracts an occupational disease that arose out of and in the course of employment: (1) In this State; or (2) While on temporary assignment outside the State for not more than 12 months; (c) The employee files a claim for compensation with the Division; and (d) The employee makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215. Ê An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the State is not entitled to receive compensation from the Uninsured Employers’ Claim Account unless the employee has been denied workers’ compensation in the state in which the disease was contracted. 3. If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim. 4. For the purposes of this section, the employer has the burden of proving that the employer provided mandatory coverage for occupational diseases for the employee or that the employer was not required to maintain industrial insurance for the employee. 5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on behalf of the employer, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division. 6. The Division: (a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be: (1) Justified by the circumstances of the claim; (2) Made in accordance with applicable law; and (3) Reasonable and necessary. (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease. (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer. (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer. 7. The Division shall: (a) Determine whether the employer was insured within 30 days after receiving the claim from the employee. (b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation. Ê Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination. 8. Upon demonstration of the: (a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim, Ê the Division shall authorize payment from the Uninsured Employers’ Claim Account. 9. Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection. 10. Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS 616C.305 and 616C.315. 11. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities. 12. An uninsured employer is liable for the interest on any amount paid on his or her claims from the Uninsured Employers’ Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the Account until payment is received by the Division from the employer. 13. Attorney’s fees recoverable by the Division pursuant to this section must be: (a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney. (b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division. Ê Any money collected must be deposited to the Uninsured Employers’ Claim Account. 14. In addition to any other liabilities provided for in this section, the Administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter. 15. If the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section. (Added to NRS by 1975, 599; A 1981, 1501; 1983, 456; 1991, 2430; 1993, 765, 1877; 1995, 579; 1997, 1447; 1999, 1732; 2001, 2740, 2771; 2003, 2311; 2009, 1185) NRS 617.402 Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies. 1. If an insurer determines that an employee has knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the knowing misrepresentation or concealment of a material fact. 2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616C.315 to 616C.385, inclusive. If the final decision by an appeals officer is favorable to the employee, the Administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive, if: (a) The final decision is favorable to the employee; and (b) The Administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment. 3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616D.300. (Added to NRS by 1989, 1993; A 1993, 768) NRS 617.405 Judicial review of contested claims. 1. No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless: (a) A claim is filed within the time limits prescribed in NRS 617.344; and (b) A final decision by an appeals officer has been rendered on the claim. 2. Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision. (Added to NRS by 1973, 1596; A 1977, 85; 1981, 1140; 1993, 768) COMPENSATION FOR DISABILITY AND DEATH NRS 617.410 Compensation paid by insurer. Compensation for disability sustained on account of occupational disease by an employee, or the dependents of an employee as defined in this chapter, must be paid by the insurer. [31:44:1947; 1943 NCL § 2800.31]—(NRS A 1979, 1063; 1993, 768; 1995, 2036) NRS 617.420 Minimum duration of incapacity; payment of medical benefits. No compensation may be paid under this chapter for disability which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages, but if the incapacity extends for 5 or more days within a 20-day period, the compensation must then be computed from the date of disability. The limitations in this section do not apply to medical benefits, which must be paid from the date of application for payment of medical benefits. [37:44:1947; 1943 NCL § 2800.37]—(NRS A 1959, 205; 1987, 923) NRS 617.430 Eligibility; limitations. 1. Every employee who is disabled or dies because of an occupational disease, as defined in this chapter, arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in chapters 616A to 616D, inclusive, of NRS, of an employee whose death is caused by an occupational disease, are entitled to the compensation provided by those chapters for temporary disability, permanent disability or death, as the facts may warrant, subject to the modifications mentioned in this chapter. 2. In cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person is entitled to such compensation unless for 90 days next preceding the contraction of the occupational disease the employee has been: (a) A resident of the State of Nevada; or (b) Employed by a self-insured employer, a member of an association of self-insured public or private employers, or an employer insured by a private carrier that provides coverage for occupational diseases. [25:44:1947; A 1951, 372]—(NRS A 1967, 692; 1979, 1063; 1995, 2036; 1999, 1804) NRS 617.440 Requirements for occupational disease to be deemed to arise out of and in course of employment; applicability. 1. An occupational disease defined in this chapter shall be deemed to arise out of and in the course of the employment if: (a) There is a direct causal connection between the conditions under which the work is performed and the occupational disease; (b) It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment; (c) It can be fairly traced to the employment as the proximate cause; and (d) It does not come from a hazard to which workers would have been equally exposed outside of the employment. 2. The disease must be incidental to the character of the business and not independent of the relation of the employer and employee. 3. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence. 4. In cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X rays) or ionizing radiation, the poisoning or illness resulting in disability must have been contracted in the State of Nevada. 5. The requirements set forth in this section do not apply to claims filed pursuant to NRS 617.453, 617.455, 617.457, 617.485 or 617.487. [Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 589; 1963, 874; 1967, 685; 1983, 458; 2007, 3366) NRS 617.445 Determination of date of disablement. In all cases under this chapter, the date of disablement is such date as the insurer determines on hearing of the employee’s claim. [Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1971, 1131; 1981, 1503; 1991, 363)—(Substituted in revision for NRS 617.340) NRS 617.450 Specific occupational diseases; schedule. Except as otherwise provided in NRS 617.366, the following diseases, as well as other occupational diseases defined in NRS 617.440, are considered occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment in any process described in this section. SCHEDULE
[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 590; 1993, 768) NRS 617.453 Cancer as occupational disease of firefighters. 1. Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if: (a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been: (1) Employed in this State in a full-time salaried occupation of fire fighting for the benefit or safety of the public; or (2) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; and (b) It is demonstrated that: (1) The person was exposed, while in the course of the employment, to a known carcinogen as defined by the International Agency for Research on Cancer or the National Toxicology Program; and (2) The carcinogen is reasonably associated with the disabling cancer. 2. With respect to a person who, for 5 years or more, has been employed in this State in a full-time salaried occupation of fire fighting for the benefit or safety of the public, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers: (a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer. (b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer. (c) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer. (d) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma. (e) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer. (f) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer. (g) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or haemotopoietic cancer. (h) Diesel exhaust, soot, aldehydes and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with basal cell carcinoma, squamous cell carcinoma and malignant melanoma. (i) Acrylonitrile, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with prostate cancer. (j) Diesel exhaust, soot and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with testicular cancer. (k) Diesel exhaust, benzene and X-ray radiation shall be deemed to be known carcinogens that are reasonably associated with thyroid cancer. 3. The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen that is reasonably associated with a disabling cancer. 4. Compensation awarded to the employee or his or her dependents for disabling cancer pursuant to this section must include: (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 5. Disabling cancer is presumed to have developed or manifested itself out of and in the course of the employment of any firefighter described in this section. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the person’s employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his or her employment. This rebuttable presumption must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented. 6. The provisions of this section do not create a conclusive presumption. (Added to NRS by 1987, 1109; A 2003, 1739; 2005, 344; 2009, 2822) NRS 617.454 Physical examinations: Required tests. 1. Any physical examination administered pursuant to NRS 617.455 or 617.457 must include: (a) A thorough test of the functioning of the hearing of the employee; and (b) A purified protein derivative skin test to screen for exposure to tuberculosis. 2. Except as otherwise provided in subsection 7 of NRS 617.457, the tests required by this section must be paid for by the employer. (Added to NRS by 1991, 959; A 2001, 1017; 2009, 749) NRS 617.455 Lung diseases as occupational diseases of firefighters, police officers and arson investigators. 1. Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been: (a) Employed in this State in a full-time salaried occupation of fire fighting or the investigation of arson for the benefit or safety of the public; (b) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; or (c) Employed in a full-time salaried occupation as a police officer in this State. 2. Except as otherwise provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his or her lungs and the making of an X-ray film of the employee’s lungs, upon employment, upon commencement of the coverage, once every even-numbered year until the employee is 40 years of age or older and thereafter on an annual basis during his or her employment. 3. A thorough test of the functioning of the lungs is not required for a volunteer firefighter. 4. All physical examinations required pursuant to subsection 2 must be paid for by the employer. 5. A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer, firefighter or arson investigator for 5 years or more before the date of disablement. 6. Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee. 7. A person who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a firefighter, police officer or arson investigator, Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability. (Added to NRS by 1965, 368; A 1975, 1195; 1981, 623, 851; 1983, 458; 1987, 553; 1989, 1020; 2005, 345; 2009, 546) NRS 617.457 Heart diseases as occupational diseases of firefighters, arson investigators and police officers. 1. Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter, arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment. 2. Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State by continuously maintaining an active status on the roster of a volunteer fire department. 3. Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his or her employment. 4. A physical examination for a volunteer firefighter is required upon initial employment and once every 3 years after the initial examination until the firefighter reaches the age of 50 years. Each volunteer firefighter who is 50 years of age or older shall submit to a physical examination once each year. 5. The employer of the volunteer firefighter is responsible for scheduling the physical examination. 6. Failure to submit to a physical examination that is scheduled by his or her employer pursuant to subsection 5 excludes the volunteer firefighter from the benefits of this section. 7. The chief of a volunteer fire department may require an applicant to pay for any physical examination required pursuant to this section if the applicant: (a) Applies to the department for the first time as a volunteer firefighter; and (b) Is 50 years of age or older on the date of his or her application. 8. The volunteer fire department shall reimburse an applicant for the cost of a physical examination required pursuant to this section if the applicant: (a) Paid for the physical examination in accordance with subsection 7; (b) Is declared physically fit to perform the duties required of a firefighter; and (c) Becomes a volunteer with the volunteer fire department. 9. Except as otherwise provided in subsection 7, all physical examinations required pursuant to subsections 3 and 4 must be paid for by the employer. 10. Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee. 11. A person who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a firefighter, arson investigator or police officer, Ê may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability. 12. Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation. (Added to NRS by 1969, 592; A 1973, 768; 1981, 623, 851; 1983, 459; 1987, 1424; 1989, 1021; 2005, 346; 2009, 547, 749) NRS 617.459 Determination of percentage of disability resulting from heart or lung diseases. 1. The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110. 2. If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110. (Added to NRS by 1981, 850; A 1981, 1538; 1987, 1313; 1991, 494, 2431; 1993, 1879; 1995, 2162) NRS 617.460 Silicosis and diseases related to asbestos as occupational diseases; compensation and claims. 1. Except as otherwise provided in NRS 617.366, silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment. 2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment. 3. Nothing in this chapter entitles an employee or the dependents of the employee to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death because of silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer. 4. No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this State covered by this chapter and chapters 616A to 616D, inclusive, of NRS. 5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapters 616A to 616D, inclusive, of NRS. Except as otherwise provided in NRS 616C.505, the insurer shall not allow the conversion of the compensation benefits provided for in this section into the payment of a lump sum. Payment of benefits and compensation is limited to the claimant and the dependents of the claimant. 6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or the dependents of the claimant, upon receiving the maximum sum payable, $14,250, to which they are entitled, are not entitled to compensation from the insurer, but are entitled to continue to receive the same amount of compensation from the account for pensions for silicosis, diseases related to asbestos and other disabilities. [Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1957, 307; 1959, 250; 1961, 449; 1963, 84; 1965, 980; 1967, 206; 1969, 898; 1971, 326, 1083; 1973, 539, 1406; 1975, 259, 510, 823; 1979, 1064; 1981, 1504; 1983, 460; 1985, 724; 1987, 590; 1991, 1803; 1993, 771; 1995, 2036) NRS 617.470 Occupational diseases of respiratory tract resulting from exposure to dusts. All conditions, restrictions, limitations and other provisions of NRS 617.460 with reference to the payment of compensation or benefits on account of silicosis or a disease related to asbestos are applicable to the payment of compensation or benefits on account of any other occupational disease of the respiratory tract resulting from injurious exposure to dusts. [28:44:1947; 1943 NCL § 2800.28]—(NRS A 1987, 591) NRS 617.481 Certain contagious diseases as occupational diseases. 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if a person employed in this State contracts a contagious disease during the course and scope of his or her employment that results in a temporary or permanent disability or death, the disease is an occupational disease and compensable as such under the provisions of this chapter if: (a) It is demonstrated that the employee was exposed to the contagious disease during the course and scope of his or her employment; (b) The employee reported the exposure to his or her employer in compliance with the reporting requirements adopted by the employer; and (c) A test to screen for the contagious disease that is approved by the State Board of Health is administered to the employee: (1) Within 72 hours after the date of the exposure and the employee tests negative for exposure to the contagious disease; and (2) After the incubation period for the contagious disease, as determined by the State Board of Health, but not later than 12 months after the date of the exposure, and the employee tests positive for exposure to the contagious disease. 2. Such an employee and the dependents of the employee are excluded from the benefits of this section if: (a) The employee refuses to be tested for exposure to the contagious disease as required by subsection 1; (b) The employee or the dependents of the employee are eligible to receive compensation pursuant to paragraph (b) of subsection 2 of NRS 616A.265 or NRS 616C.052; or (c) It is proven by clear and convincing evidence that the contagious disease did not arise out of and in the course of the employment. 3. All tests for exposure to the contagious disease that are required pursuant to subsection 1 must be paid for by the employer. 4. Compensation awarded to an employee or the dependents of the employee pursuant to this section must include: (a) Full reimbursement for related expenses incurred for: (1) Preventive treatment administered as a precaution to the employee; and (2) Other medical treatments, surgery and hospitalization; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 5. As used in this section: (a) “Contagious disease” means hepatitis A, hepatitis B, hepatitis C, tuberculosis, the human immunodeficiency virus or acquired immune deficiency syndrome. (b) “Exposed” or “exposure” means the introduction of blood or other infectious materials into the body of an employee during the performance of the employee’s official duties through the skin, eye, mucous membrane or parenteral contact. The term includes contact with airborne materials carrying tuberculosis. (c) “Preventive treatment” includes, without limitation, tests to determine if an employee has contracted the contagious disease to which the employee was exposed. (Added to NRS by 2001, 827) NRS 617.485 Hepatitis as occupational disease of police officers, firefighters and emergency medical attendants. 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if an employee has hepatitis, the disease is conclusively presumed to have arisen out of and in the course of his or her employment if the employee has been continuously employed for 5 years or more as a police officer, full-time salaried firefighter or emergency medical attendant in this State before the date of any temporary or permanent disability or death resulting from the hepatitis. 2. Compensation awarded to a police officer, firefighter or emergency medical attendant, or to the dependents of such a person, for hepatitis pursuant to this section must include: (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 3. A police officer, salaried firefighter or emergency medical attendant shall: (a) Submit to a blood test to screen for hepatitis C upon employment, upon the commencement of coverage and thereafter on an annual basis during his or her employment. (b) Submit to a blood test to screen for hepatitis A and hepatitis B upon employment, upon the commencement of coverage and thereafter on an annual basis during his or her employment, except that a police officer, salaried firefighter or emergency medical attendant is not required to submit to a blood test to screen for hepatitis A and hepatitis B on an annual basis during his or her employment if he or she has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his or her employment. Each employer shall provide a police officer, salaried firefighter or emergency medical attendant with the opportunity to be vaccinated for hepatitis A and hepatitis B upon employment and at other medically appropriate times during his or her employment. 4. All blood tests required pursuant to this section and all vaccinations provided pursuant to this section must be paid for by the employer. 5. The provisions of this section: (a) Except as otherwise provided in paragraph (b), do not apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment. (b) Apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis upon employment if, during the employment or within 1 year after the last day of the employment, he or she is diagnosed with a different strain of hepatitis. (c) Apply to a police officer, firefighter or emergency medical attendant who is diagnosed with hepatitis after the termination of the employment if the diagnosis is made within 1 year after the last day of the employment. 6. A police officer, firefighter or emergency medical attendant who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a police officer, firefighter or emergency medical attendant, Ê may elect to receive the benefits provided pursuant to NRS 616C.440 for a permanent total disability. 7. As used in this section: (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS, whose primary duties of employment are the provision of emergency medical services. (b) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C. (c) “Police officer” means a sheriff, deputy sheriff, officer of a metropolitan police department or city police officer. (Added to NRS by 2001, 1874; A 2003, 3413; 2005, 346) NRS 617.487 Hepatitis as occupational disease of certain other police officers. 1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if an employee has hepatitis, the disease is conclusively presumed to have arisen out of and in the course of his or her employment if the employee has been continuously employed for 5 years or more as a police officer or a sheriff, deputy sheriff, officer of a metropolitan police department or city police officer in this State before the date of any temporary or permanent disability or death resulting from the hepatitis. 2. Compensation awarded to a police officer, or to the dependents of a police officer, for hepatitis pursuant to this section must include: (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 3. A police officer shall: (a) Submit to a blood test to screen for hepatitis C upon employment and upon the commencement of coverage. (b) If the employer of the police officer provides screening for hepatitis C for police officers on an annual basis, submit to a blood test to screen for hepatitis C thereafter on an annual basis during his or her employment. (c) If the employer of the police officer provides screening for hepatitis A and hepatitis B for police officers, submit to a blood test to screen for hepatitis A and hepatitis B upon employment, upon the commencement of coverage and thereafter on an annual basis during his or her employment, except that a police officer is not required to submit to a blood test to screen for hepatitis A and hepatitis B on an annual basis during his or her employment if he or she has been vaccinated for hepatitis A and hepatitis B upon employment or at other medically appropriate times during his or her employment. Each employer shall provide a police officer with the opportunity to be vaccinated for hepatitis A and hepatitis B upon employment and at other medically appropriate times during his or her employment. 4. All blood tests required pursuant to this section and all vaccinations provided pursuant to this section must be paid for by the employer. 5. The provisions of this section: (a) Except as otherwise provided in paragraph (b), do not apply to a police officer who is diagnosed with hepatitis upon employment. (b) Apply to a police officer who is diagnosed with hepatitis upon employment if, during the employment or within 1 year after the last day of the employment, the police officer is diagnosed with a different strain of hepatitis. (c) Apply to a police officer who is diagnosed with hepatitis after the termination of the employment if the diagnosis is made within 1 year after the last day of the employment. 6. A police officer who is determined to be: (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and (b) Incapable of performing, with or without remuneration, work as a police officer, Ê may elect to receive the benefits provided pursuant to NRS 616C.440 for a permanent total disability. 7. As used in this section: (a) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C. (b) “Police officer” means any police officer other than a sheriff, deputy sheriff, officer of a metropolitan police department or city police officer. (Added to NRS by 2005, 2239) PROHIBITED ACTS; PENALTIES NRS 617.500 Applicability. Every employee and the dependent or dependents of such employee, and the employer or employers of such employee, shall be subject to all the applicable penalties provided for injured employees and their employers by chapters 616A to 616D, inclusive, of NRS unless otherwise provided in this chapter. [Part 41:44:1947; 1943 NCL § 2800.41] NRS 617.510 Penalties and remedies are cumulative; exception. Except as otherwise provided in NRS 617.017, no penalty or remedy provided in this chapter is exclusive of any other penalty or remedy, but is cumulative and in addition to every other penalty or remedy and may be exercised without exhausting and without regard to any other penalty or remedy provided by this chapter or any other statute. (Added to NRS by 1993, 762) |
Nrs 244.33505 industrial insurance
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