NRS616C.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)