NRS616C.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)