CHAPTER616C. Industrial Insurance: Benefits for Injuries or Death  


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.
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.
NRS 616C.015. Notice of injury or death: Requirements; availability of form; retention; notice by leased employee.
NRS 616C.020. Claim for compensation: Requirements for injured employee, dependent or representative to file claim; form.
NRS 616C.025. Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions.
NRS 616C.030. Dependent of injured employee barred from filing claim for compensation if untimely or previously denied.
NRS 616C.035. Application for death benefit.
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.
NRS 616C.045. Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty.
NRS 616C.050. Information required to be provided by insurer to claimant.
NRS 616C.052. Exposure of police officer, firefighter or arson investigator to contagious disease: Reporting and testing requirements; eligibility for compensation.
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.
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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
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. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 616C.070. Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception.
NRS 616C.075. Effect of employee’s refusal to submit to physical examination after accident.
TREATMENT AND RATING OF INJURED EMPLOYEES
NRS 616C.085. Duties of employer when employee injured: First aid; reimbursement.
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.
NRS 616C.095. Duty of physician or chiropractor to advise injured employee of rights.
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.
NRS 616C.105. Requirements for designation of chiropractor to rate permanent partial disabilities.
NRS 616C.110. American Medical Association’s Guides to the Evaluation of Permanent Impairment: Duty of Division to adopt Guides by regulation.
NRS 616C.115. Prescription of generic drugs required; exceptions.
NRS 616C.120. Employee may elect treatment through prayer in lieu of medical treatment.
NRS 616C.125. Insurer may contract with suppliers for provision of services and goods to injured employees.
NRS 616C.130. Insurer’s payment to physician or chiropractor attending injured employee conditioned upon receipt of itemized statement and certificate.
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.
NRS 616C.136. Action by insurer on bill from provider of health care; payment of interest; request for additional information; compliance with requirements.
NRS 616C.137. Denial of payment for unrelated services: Requirements for notification; liability of injured employee; appeal.
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.
NRS 616C.140. Medical examination of claimant; effect of refusal to submit to examination; communications not privileged.
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.
NRS 616C.155. Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer.
NRS 616C.157. Request for prior authorization: Time to respond; effect of failure to respond in timely manner.
NRS 616C.160. Newly developed injury or disease: Inclusion in original claim for compensation; limitation.
NRS 616C.165. Determination of responsibility of insurer for undisputed claim for compensation; reimbursement of insurer initially providing compensation to injured employee.
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.
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.
NRS 616C.177. Medical records concerning preexisting condition: Authority of insurer to request records; injured employee required to release records under certain circumstances.
NRS 616C.180. Injury or disease caused by stress.
NRS 616C.185. Compensation for mastectomy and reconstructive surgery.
NRS 616C.190. Compensation of employee injured out of State.
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.
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.
NRS 616C.205. Compensation not assignable; exempt from attachment, garnishment and execution; accrued compensation payable to dependents.
NRS 616C.210. Compensation of nonresident alien dependents; notification of dependent required.
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.
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; collection.
NRS 616C.223. Application for entry of summary judgment: Conditions; notice to employer; filing requirements; entry of judgment; service of judgment; recordation of judgment; lien upon property of employer; extension of lien.
NRS 616C.225. Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies.
NRS 616C.230. Grounds for denial, reduction or suspension of compensation; evidence of and examination for use of alcohol or controlled substance.
NRS 616C.232. Denial of compensation for temporary total disability because of discharge for misconduct.
NRS 616C.235. Closure of claim by insurer: Procedure; notice; special procedure if medical benefits less than $300.
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.
NRS 616C.250. Establishment, revision and compliance with standards of care for provision of accident benefits.
NRS 616C.255. Premium for accident benefits paid by employer; accident benefits provided by private carrier; separate account for accident benefits.
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.
NRS 616C.265. Election by employer to provide accident benefits; reporting requirements; payment of assessments.
NRS 616C.270. Employers to notify Administrator when injured employee receives medical services.
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.
NRS 616C.280. Withdrawal of approval for employer to provide accident benefits: Grounds supporting withdrawal.
NRS 616C.285. Withdrawal of approval for employer to provide accident benefits: Request for hearing; notice of decision.
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.
NRS 616C.300. Hearing officers: Appointment; salary; disqualification from particular case.
NRS 616C.305. Procedure for appeal of final determination of organization for managed care which has contracted with insurer.
NRS 616C.310. Contested cases: Procedures; format; redaction of personal identifying information; representation of insurer or employer by legal counsel or other agent.
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.
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.
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.
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.
NRS 616C.335. Award of interest.
NRS 616C.340. Appointment, term, qualifications and salary of appeals officers and special appeals officers; conflicts of interest; finality of decision by appeals officer.
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.
NRS 616C.350. Testimony of physician or chiropractor before appeals officer; privileged communications.
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.
NRS 616C.360. Record of hearing before appeals officer; rules of evidence; evaluation of injured employee; submission to independent review organization; powers and duties of appeals officer; transcripts; issuance of decision.
NRS 616C.363. External review: Duties of independent review organization; contents and submission of decision by organization; costs; regulations.
NRS 616C.365. Reimbursement of employee’s expenses incurred and wages lost as result of hearing requested by employer or insurer; regulations.
NRS 616C.370. Judicial review.
NRS 616C.375. Stay of decision of appeals officer.
NRS 616C.380. Payment pending appeal when decision not stayed; effect of final resolution of claim.
NRS 616C.385. Costs and attorney’s fees for frivolous petitions for judicial review.
NRS 616C.390. Reopening claim: General requirements and procedure; limitations; applicability.
NRS 616C.392. Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability.
COMPENSATION FOR INJURIES AND DEATH
General Provisions
NRS 616C.400. Minimum duration of incapacity.
NRS 616C.405. Limitations on benefits received by employee.
NRS 616C.408. Restrictive endorsements on checks issued by insurers.
NRS 616C.409. Direct deposit of compensation.
NRS 616C.410. Prohibition of settlements paid in lump sum; exceptions.
NRS 616C.412. Purchase of annuity by insurer to ensure payment of claim; adoption of regulations by Commissioner.
NRS 616C.415. Written explanation of alternative settlements to be given to employee or dependents.
NRS 616C.420. Method of determining average monthly wage.
NRS 616C.425. Date of determination of amount of compensation and benefits.
NRS 616C.427. Challenge to determination of average monthly wage; remedy for incorrect average monthly wage.
Permanent Total Disability
NRS 616C.435. Injuries deemed total and permanent.
NRS 616C.440. Amount and duration of compensation; limitations; effect of previous award of compensation.
NRS 616C.445. Recipient of compensation to report annual earnings; payments suspended if report not made.
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.
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.
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.
NRS 616C.455. Increase in benefits for permanent total disability incurred before April 9, 1971.
NRS 616C.460. Additional increase in benefits for permanent total disability incurred before July 1, 1973.
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.
NRS 616C.470. Increase in benefits for permanent total disability if claimant is entitled to benefits for disability from federal social security system.
NRS 616C.473. Annual increase in benefits for permanent total disability incurred on or after January 1, 2004.
Temporary Total Disability
NRS 616C.475. Amount and duration of compensation; limitations; requirements for certification of disability; offer of light-duty employment.
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.
NRS 616C.480. Reduction of benefits for previous injury causing permanent partial disability prohibited.
Permanent and Temporary Partial Disabilities
NRS 616C.485. Permanent partial disability: Loss of or permanent damage to teeth.
NRS 616C.490. Permanent partial disability: Compensation.
NRS 616C.495. Permanent partial disability: Payments in lump sum.
NRS 616C.500. Temporary partial disability: Compensation.
Death Benefits
NRS 616C.505. Amount and duration of compensation.
NRS 616C.510. Increased death benefits if injury or disablement occurred before July 1, 1973.
NRS 616C.515. Additional increase in death benefits if injury or disablement occurred before July 1, 1973.
NRS 616C.520. Increased death benefits if injury or disablement occurred on or after July 1, 1973.
VOCATIONAL REHABILITATION
NRS 616C.530. Priorities for returning injured employee to work.
NRS 616C.540. Supervision, ratio and review of uncertified counselors; knowledge of labor market required.
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.
NRS 616C.543. Prohibited acts of vocational rehabilitation counselor.
NRS 616C.545. Duty of insurer to determine physical limitations on injured employee’s ability to work.
NRS 616C.547. General duties of vocational rehabilitation counselor.
NRS 616C.550. Written assessment of injured employee.
NRS 616C.555. Plan for program of vocational rehabilitation.
NRS 616C.560. Extension of program for vocational rehabilitation.
NRS 616C.570. On-the-job training as component of plan for program of vocational rehabilitation.
NRS 616C.575. Payment of vocational rehabilitation maintenance.
NRS 616C.580. Provision of services outside of State; limited lump-sum payment in lieu of services.
NRS 616C.585. Limit on goods and services which may be provided; exceptions.
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.
NRS 616C.595. Agreements for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.
NRS 616C.597. Response to request for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.
NRS 616C.600. Orders for self-employment or payment of compensation in lump sum for vocational rehabilitation prohibited; agreements concerning self-employment authorized.
CATASTROPHIC INJURIES
NRS 616C.700. Duties of insurer who accepts a claim for catastrophic injury; life care plan.
NRS 616C.703. Injured employee may request insurer to administer claim as for catastrophic injury; insurer to issue determination.
NRS 616C.707. Insurer to designate claim as for catastrophic injury if injury later satisfies requirements for catastrophic injury.
NRS 616C.710. Rescission or revision of determination of catastrophic injury.
NRS 616C.720. Requirements for adjuster who administers claim for catastrophic injury.