NRS617.346. 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)