NRS616C.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)