2005 Nevada Revised Statutes - Chapter 616A — Industrial Insurance: Administration

CHAPTER 616A - INDUSTRIAL INSURANCE:ADMINISTRATION

GENERAL PROVISIONS

NRS 616A.005 Shorttitle.

NRS 616A.010 Legislativedeclarations: Statutory construction; repudiation of common law; basis ofprovisions; balanced interpretation required.

NRS 616A.015 Prioracts of State Industrial Insurance System continued in effect; disposition ofclaims and causes of action existing on December 31, 1999.

NRS 616A.020 Rightsand remedies exclusive; terms and conditions for payment of compensation conclusive,compulsory and obligatory; application of exclusive remedies to certainemployers.

NRS 616A.021 Limitationof actions upon repeal or invalidity.

NRS 616A.022 Applicabilityof Nevada Insurance Code.

NRS 616A.025 Definitions.

NRS 616A.030 Accidentdefined.

NRS 616A.035 Accidentbenefits defined.

NRS 616A.040 Administratordefined.

NRS 616A.045 Advisoryorganization defined.

NRS 616A.047 AppealsPanel defined.

NRS 616A.050 Associationof self-insured private employers defined.

NRS 616A.055 Associationof self-insured public employers defined.

NRS 616A.060 Associationsadministrator defined.

NRS 616A.065 Averagemonthly wage defined.

NRS 616A.070 Benefitpenalty defined.

NRS 616A.075 Casualdefined.

NRS 616A.080 Certifiedvocational rehabilitation counselor defined.

NRS 616A.085 Commissionerdefined.

NRS 616A.090 Compensationdefined.

NRS 616A.092 Consolidatedinsurance program defined.

NRS 616A.093 Contractor-controlledinsurance program defined.

NRS 616A.095 Damagesdefined.

NRS 616A.100 Divisiondefined.

NRS 616A.105 Employeeand workman defined.

NRS 616A.110 Employee:Persons excluded.

NRS 616A.115 Employee:Lessees engaged in mining or operating a reduction plant.

NRS 616A.120 Employee:Participants in programs of job training administered by Division of Welfareand Supportive Services of Department of Health and Human Services.

NRS 616A.125 Employee:Participants in programs to obtain training for employment administered byDivision of Welfare and Supportive Services of Department of Health and HumanServices.

NRS 616A.130 Employee:Volunteer workers in program for public service.

NRS 616A.135 Employee:Persons performing volunteer work for private organizations as part of publicprograms.

NRS 616A.140 Employee:Members of Nevada Wing of Civil Air Patrol.

NRS 616A.145 Employee:Volunteer firefighters.

NRS 616A.150 Employee:Paid firefighter performing voluntary off-duty services as firefighter.

NRS 616A.155 Employee:Persons rendering voluntary ambulance service.

NRS 616A.160 Employee:Volunteer peace officers and persons authorized to issue certain citationspursuant to NRS 484.4085.

NRS 616A.165 Employee:Trustees of school districts.

NRS 616A.170 Employee:Junior traffic patrols.

NRS 616A.175 Employee:Person vending or delivering newspaper or magazine.

NRS 616A.180 Employee:Members of county advisory boards to manage wildlife.

NRS 616A.185 Employee:Members of Nevada Legislature.

NRS 616A.190 Employee:Certain members of state, county and local departments, boards, commissions,agencies or bureaus; adjunct professors of Nevada System of Higher Education;members of Board of Regents.

NRS 616A.195 Employee:Persons ordered by court to perform community service.

NRS 616A.200 Employee:Trainees in facility operated by Rehabilitation Division of Department ofEmployment, Training and Rehabilitation.

NRS 616A.205 Employee:Volunteer workers at facilities for inpatients of Division of Mental Health andDevelopmental Services of Department of Health and Human Services.

NRS 616A.210 Employee:Subcontractors and employees.

NRS 616A.215 Employee:Apprentices and trainees.

NRS 616A.220 Employee:Real estate licensees.

NRS 616A.225 Employee:Persons participating in federally approved training programs.

NRS 616A.230 Employerdefined.

NRS 616A.235 Externalreview organization defined.

NRS 616A.240 Footdefined.

NRS 616A.245 Handdefined.

NRS 616A.250 Incarcerateddefined.

NRS 616A.255 Independentcontractor defined.

NRS 616A.260 Industrialinsurance defined.

NRS 616A.265 Injuryand personal injury defined.

NRS 616A.270 Insurerdefined.

NRS 616A.273 Medicalfacility defined.

NRS 616A.280 Organizationfor managed care defined.

NRS 616A.282 Owner-controlledinsurance program defined.

NRS 616A.283 Policeofficer defined.

NRS 616A.284 Policyyear defined.

NRS 616A.285 Principalcontractor defined.

NRS 616A.290 Privatecarrier defined.

NRS 616A.295 Privateemployer defined.

NRS 616A.300 Publicemployer defined.

NRS 616A.305 Self-insuredemployer defined.

NRS 616A.310 Soleproprietor defined.

NRS 616A.315 Solicitordefined.

NRS 616A.317 StateIndustrial Insurance System defined.

NRS 616A.320 Subcontractorsdefined.

NRS 616A.330 Tangiblenet worth defined.

NRS 616A.335 Third-partyadministrator defined.

NRS 616A.340 Totaldisability defined.

NRS 616A.345 Tradeassociation defined.

NRS 616A.350 Trade,business, profession or occupation of his employer defined.

NRS 616A.355 Utilizationreview defined.

NRS 616A.360 Vocationalrehabilitation services defined.

DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESSAND INDUSTRY

NRS 616A.400 Dutiesof Administrator: Regulations.

NRS 616A.402 Dutiesof Administrator: Program concerning rights and responsibilities of employersand employees.

NRS 616A.403 Dutiesof Administrator: Preparation of annual report of enforcement of Nevada Industrial Insurance Act and Nevada Occupational Diseases Act.

NRS 616A.404 Dutiesof Administrator: Provision of information for Office for Consumer HealthAssistance.

NRS 616A.405 Powersof Administrator: Adoption of regulations concerning affidavit required ofbusinesses by local governments to affirm compliance with chapters 616A to 616D,inclusive, of NRS.

NRS 616A.410 Administratorto prosecute and defend actions; extraordinary writs; verifications;undertakings.

NRS 616A.415 Printing.[Repealed.]

NRS 616A.417 Filingor delivering documentation by electronic transmission; regulations by Administrator.

NRS 616A.420 Agreementsor compacts with other states; insurance coverage against double liability ofemployers.

NRS 616A.425 Fundfor Workers Compensation and Safety.

NRS 616A.430 UninsuredEmployers Claim Account.

NEVADA ATTORNEY FOR INJURED WORKERS

NRS 616A.435 Officecreated; appointment; term; qualifications; duties limited.

NRS 616A.440 Employmentof Deputy and staff; qualifications of Deputy.

NRS 616A.445 Offices;budget.

NRS 616A.450 Requestfor appointment; consideration of and action upon request; representation uponappointment.

NRS 616A.455 Powersand duties.

NRS 616A.460 Employmentof private counsel by claimant; reimbursement of Division; report to Governor.

ADDITIONAL DUTIES OF PUBLIC AGENCIES

NRS 616A.465 Responsibilitiesof Division, Commissioner of Insurance, Department of Administration and Nevada Attorney for Injured Workers.

NRS 616A.467 Powerof Commissioner and Administrator to delegate authority to collect fines anddeposit in Fund for Workers Compensation and Safety; claims for attorneysfees and costs of investigation if authority to collect fines not delegated.

NRS 616A.469 Certificateto operate as external review organization: Authority of Commissioner to issuecertificate; application; fee; prerequisites to issuance; ineligible parties.

ADMINISTRATIVE DUTIES OF EMPLOYERS

NRS 616A.470 Self-insuredemployers and private carriers to compensate Nevada Attorney for InjuredWorkers or Hearings Division of Department of Administration for servicesprovided.

NRS 616A.475 Self-insuredemployers, associations of self-insured employers and private carriers tofurnish information to Administrator; insured employer to keep sufficientsupply of blank forms.

NRS 616A.480 Requiredexecution of blank forms by employer; penalty for noncompliance.

NRS 616A.485 Employersrecords open to inspection.

NRS 616A.490 Employerto post notice identifying his industrial insurer; contents of notice.

NRS 616A.495 Employerto make available evidence of his coverage; penalty for noncompliance.

_________

GENERAL PROVISIONS

NRS 616A.005 Shorttitle. Chapters616A to 616D, inclusive, of NRS shall beknown as the Nevada Industrial Insurance Act.

[1:168:1947; 1943 NCL 2680.1](Substituted inrevision for NRS 616.010)

NRS 616A.010 Legislativedeclarations: Statutory construction; repudiation of common law; basis ofprovisions; balanced interpretation required. TheLegislature hereby determines and declares that:

1. The provisions of chapters616A to 617, inclusive, of NRS must beinterpreted and construed to ensure the quick and efficient payment ofcompensation to injured and disabled employees at a reasonable cost to theemployers who are subject to the provisions of those chapters;

2. A claim for compensation filed pursuant to theprovisions of chapters 616A to 616D, inclusive, or chapter617 of NRS must be decided on its merit and not according to the principleof common law that requires statutes governing workers compensation to beliberally construed because they are remedial in nature;

3. The provisions of chapters616A to 617, inclusive, of NRS are basedon a renunciation of the rights and defenses of employers and employees recognizedat common law; and

4. For the accomplishment of these purposes, theprovisions of chapters 616A to 617, inclusive, of NRS must not be interpreted orconstrued broadly or liberally in favor of an injured or disabled employee orhis dependents, or in such a manner as to favor the rights and interests of anemployer over the rights and interests of an injured or disabled employee orhis dependents.

(Added to NRS by 1993, 660)(Substituted in revisionfor NRS 616.012)

NRS 616A.015 Prioracts of State Industrial Insurance System continued in effect; disposition ofclaims and causes of action existing on December 31, 1999.

1. All premiums, contributions, penalties, money,properties, securities, funds, deposits, contracts and awards received,collected, acquired, established or made by the State Industrial InsuranceSystem under the provisions of chapters 616Ato 617, inclusive, of NRS before January 1,2000, continue in full force and effect, and the rights, obligations andliabilities of the System thereunder must be assumed and performed by thesuccessor organization of the System.

2. All proceedings must be had and rights determinedunder the provisions of chapters 616A to 617, inclusive, of NRS on any claims or actionspending or causes of action existing on December 31, 1999.

[99:168:1947; 1943 NCL 2680.99] + [Part100:168:1947; 1943 NCL 2680.100](NRS A 1981, 1463; 1999, 1758)

NRS 616A.020 Rightsand remedies exclusive; terms and conditions for payment of compensationconclusive, compulsory and obligatory; application of exclusive remedies tocertain employers.

1. The rights and remedies provided in chapters 616A to 616D,inclusive, of NRS for an employee on account of an injury by accident sustainedarising out of and in the course of the employment shall be exclusive, exceptas otherwise provided in those chapters, of all other rights and remedies ofthe employee, his personal or legal representatives, dependents or next of kin,at common law or otherwise, on account of such injury.

2. The terms, conditions and provisions of chapters 616A to 616D,inclusive, of NRS for the payment of compensation and the amount thereof forinjuries sustained or death resulting from such injuries shall be conclusive,compulsory and obligatory upon both employers and employees coming within theprovisions of those chapters.

3. The exclusive remedy provided by this section to aprincipal contractor extends, with respect to any injury by accident sustainedby an employee of any contractor in the performance of the contract, to everyarchitect, land surveyor or engineer who performs services for:

(a) The contractor;

(b) The owner of the property; or

(c) Any such beneficially interested persons.

4. The exclusive remedy provided by this sectionapplies to the owner of a construction project who provides industrialinsurance coverage for the project by establishing and administering aconsolidated insurance program pursuant to NRS616B.710 to the extent that the program covers the employees of thecontractors and subcontractors who are engaged in the construction of theproject.

5. If an employee receives any compensation oraccident benefits under chapters 616A to 616D, inclusive, of NRS, the acceptance of suchcompensation or benefits shall be in lieu of any other compensation, award orrecovery against his employer under the laws of any other state or jurisdictionand such employee is barred from commencing any action or proceeding for theenforcement or collection of any benefits or award under the laws of any otherstate or jurisdiction.

[27:168:1947; 1943 NCL 2680.27](NRS A 1971, 885;1973, 624; 1989, 230; 1999,3139)

NRS 616A.021 Limitationof actions upon repeal or invalidity.

1. If the provisions of chapters616A to 616D, inclusive, of NRS relativeto compensation for injuries to or death of employees become invalid because ofany adjudication, or are repealed, the period intervening between theoccurrence of an injury or death, not previously compensated for pursuant tothose chapters by the payment of a lump sum or completed monthly payments, andthe repeal or the rendition of the final adjudication of the validity must notbe computed as a part of the time limited by law for the commencement of anyaction relating to the injury or death if the action is commenced within 1 yearafter the repeal or adjudication.

2. In any such action, any sum paid by an insurer byreason of injury to an employee by whom, or by whose dependents, the action isprosecuted, must be taken into account and credited upon the recovery aspayment.

[97:168:1947; 1943 NCL 2680.97](NRS A 1973, 604;1979, 1051; 1993, 729; 1995, 2030)(Substituted in revision for NRS 616B.098)

NRS 616A.022 Applicabilityof Nevada Insurance Code. If there is a conflictbetween the provisions of chapters 616A to 617, inclusive, of NRS and the provisions oftitle 57 of NRS, the provisions of chapter 616Ato 617, inclusive, of NRS control.

(Added to NRS by 1999, 1758)

NRS 616A.025 Definitions. As used in chapters 616Ato 616D, inclusive, of NRS, unless thecontext otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, have the meaningsascribed to them in those sections.

[2:168:1947; 1943 NCL 2680.2] + [3:168:1947; 1943NCL 2680.3](NRS A 1977, 188; 1981, 710, 1016; 1987, 2047, 2322; 1991, 2398;1993, 692; 1995, 1638, 1977, 2008; 1997, 576, 578, 2766; 1999, 1759, 2445, 3140, 3376; 2001, 2256, 2447; 2003, 2303, 2331)

NRS 616A.030 Accidentdefined. Accident means an unexpected orunforeseen event happening suddenly and violently, with or without human fault,and producing at the time objective symptoms of an injury.

[18:168:1947; 1943 NCL 2680.18](NRS A 1975,221)(Substituted in revision for NRS 616.020)

NRS 616A.035 Accidentbenefits defined.

1. Accident benefits means medical, surgical,hospital or other treatments, nursing, medicine, medical and surgical supplies,crutches and apparatuses, including prosthetic devices.

2. The term includes:

(a) Medical benefits as defined by NRS 617.130;

(b) Preventive treatment administered as a precautionto an employee who is exposed to a contagious disease while providing medicalservices, including emergency medical care, in the course and scope of hisemployment;

(c) Preventive treatment administered as a precautionto a police officer or a salaried or volunteer firefighter who:

(1) Was exposed to a contagious disease:

(I) Upon battery by an offender; or

(II) While performing the duties of apolice officer or firefighter,

if theexposure is documented by the creation and maintenance of a report concerningthe exposure pursuant to subsection 1 of NRS616C.052; or

(2) Tests positive for exposure to tuberculosisor another contagious disease under the circumstances described in subsection 2or 3 of NRS 616C.052; and

(d) Preventive treatment for hepatitis administered asa precaution to a police officer, full-time salaried firefighter or emergencymedical attendant employed in this State.

3. The term does not include:

(a) Exercise equipment, a hot tub or a spa for anemployees home;

(b) Membership in an athletic or health club;

(c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

(d) The costs of operating a motor vehicle providedpursuant to NRS 616C.245, fees relatedto the operation or licensing of the motor vehicle or insurance for the motorvehicle.

4. As used in this section:

(a) Battery includes, without limitation, theintentional propelling or placing, or the causing to be propelled or placed, ofany human excrement or bodily fluid upon the person of an employee.

(b) Emergency medical attendant means a personlicensed as an attendant or certified as an emergency medical technician,intermediate emergency medical technician or advanced emergency medicaltechnician pursuant to chapter 450B of NRS,whose primary duties of employment are the provision of emergency medical services.

(c) Hepatitis includes hepatitis A, hepatitis B,hepatitis C and any additional diseases or conditions that are associated withor result from hepatitis A, hepatitis B or hepatitis C.

(d) Preventive treatment includes, withoutlimitation:

(1) Tests to determine if an employee hascontracted hepatitis or any other contagious disease to which he was exposed;and

(2) If an employee tests positive for exposureto tuberculosis under the circumstances described in NRS 616C.052, such medication and chest Xrays as are recommended by the Centers for Disease Control and Prevention ofthe United States Department of Health and Human Services.

[8:168:1947; 1943 NCL 2680.8](NRS A 1987, 921;1991, 2398; 1993, 692; 1999,2445; 2001, 1014,1871; 2003, 104, 3412; 2005, 340, 2236)

NRS 616A.040 Administratordefined. Administrator means the Administratorof the Division.

(Added to NRS by 1981, 1449; A 1993,1855)(Substituted in revision for NRS 616.026)

NRS 616A.045 Advisoryorganization defined. Advisory organizationmeans the organization designated and licensed by the Commissioner to file theclassifications of risks for private carriers pursuant to chapters 616A to 616D,inclusive, and chapter 686B of NRS.

(Added to NRS by 1995, 2000; A 1999, 1759)

NRS 616A.047 AppealsPanel defined. Appeals Panel means the AppealsPanel for Industrial Insurance that hears grievances of employers, other thanself-insured employers, pursuant to the provisions of NRS 616B.760 to 616B.790, inclusive.

(Added to NRS by 1999, 3376; A 2001, 2256)

NRS 616A.050 Associationof self-insured private employers defined. Associationof self-insured private employers means a nonprofit, unincorporatedassociation composed of five or more private employers that has been issued acertificate by the Commissioner and is subject to the provisions of NRS 616B.350 to 616B.446, inclusive.

(Added to NRS by 1993, 659; A 1995, 1978)(Substitutedin revision for NRS 616.0265)

NRS 616A.055 Associationof self-insured public employers defined. Associationof self-insured public employers means a nonprofit, unincorporated associationcomposed of five or more public employers that has been issued a certificate bythe Commissioner and is subject to the provisions of NRS 616B.350 to 616B.446, inclusive.

(Added to NRS by 1993, 659; A 1995, 1978)(Substitutedin revision for NRS 616.0267)

NRS 616A.060 Associationsadministrator defined. Associationsadministrator means a person who is employed by or has contracted with theboard of trustees of an association of self-insured public or private employersto carry out the policies of the board of trustees and to be responsible forthe daily operation of the association.

(Added to NRS by 1995, 1974)

NRS 616A.065 Averagemonthly wage defined.

1. Except as otherwise provided in subsection 3,average monthly wage means the lesser of:

(a) The monthly wage actually received or deemed tohave been received by the employee on the date of the accident or injury to theemployee, excluding remuneration from employment:

(1) Not subject to the Nevada IndustrialInsurance Act or the Nevada Occupational Diseases Act; and

(2) For which coverage is elective, but has notbeen elected; or

(b) One hundred fifty percent of the state averageweekly wage as most recently computed by the Employment Security Division ofthe Department of Employment, Training and Rehabilitation during the fiscalyear preceding the date of the injury or accident, multiplied by 4.33.

2. For the purposes of subsection 1:

(a) The date of the accident or injury to the employeemust be determined pursuant to NRS616C.425.

(b) Wage:

(1) Does not include any amount paid by anemployer for health insurance that covers an employee or his dependents, orboth.

(2) Is increased by the amount of tips reportedby an employee to his employer pursuant to 26 U.S.C. 6053(a), except:

(I) Tips in a form other than cash; and

(II) Tips in cash which total less than$20 per month.

3. For the purpose of increasing compensation forpermanent total disability pursuant to NRS616C.465 or increasing death benefits pursuant to NRS 616C.520, average monthly wage hasthe meaning shown in the following schedule:

 

Effective Date AverageMonthly Wage

forPrior Fiscal Year

 

July 1,1973......................................................................................................... $688.60

July 1,1974........................................................................................................... 727.48

July 1,1975........................................................................................................ 1,142.21

July 1,1976........................................................................................................ 1,211.00

July 1,1977........................................................................................................ 1,287.44

July 1,1978........................................................................................................ 1,377.08

July 1,1979........................................................................................................ 1,488.46

July 1,1980........................................................................................................ 1,591.86

 

(Added to NRS by 1973, 530; A 1975, 650; 1981, 1226;1985, 1444; 1991, 2398; 1993, 693, 1855; 1995, 579, 1638)(Substituted inrevision for NRS 616.027)

NRS 616A.070 Benefitpenalty defined. Benefit penalty means an additionalamount of money that is payable to a claimant if the Administrator has determinedthat a violation of any of the provisions of paragraphs (a) to (e), inclusive,or (h) of subsection 1 of NRS 616D.120has occurred.

(Added to NRS by 1995, 1637; A 1997, 532; 2003, 1669; 2005, 1101)

NRS 616A.075 Casualdefined. Casual refers only to employmentswhere the work contemplated is to be completed in 20 working days or partsthereof in a calendar quarter, without regard to the number of personsemployed, and where the total labor cost of the work is less than $500.

[12:168:1947; 1943 NCL 2680.12](NRS A 1977,373)(Substituted in revision for NRS 616.030)

NRS 616A.080 Certifiedvocational rehabilitation counselor defined. Certifiedvocational rehabilitation counselor means a person who:

1. Has a masters degree in rehabilitation counseling;or

2. Has been certified as a rehabilitation counselor oran insurance rehabilitation specialist by the Commission on RehabilitationCounselor Certification, which is a division of the Board for RehabilitationCertification.

(Added to NRS by 1993, 659)(Substituted in revisionfor NRS 616.034)

NRS 616A.085 Commissionerdefined. Commissioner means the Commissionerof Insurance.

[6:168:1947; 1943 NCL 2680.6](NRS A 1981,1456)(Substituted in revision for NRS 616.040)

NRS 616A.090 Compensationdefined. Compensation means the money whichis payable to an employee or to his dependents as provided for in chapters 616A to 616D,inclusive, of NRS, and includes benefits for funerals, accident benefits andmoney for rehabilitative services.

[7:168:1947; 1943 NCL 2680.7](NRS A 1983,1291)(Substituted in revision for NRS 616.045)

NRS 616A.092 Consolidatedinsurance program defined. Consolidatedinsurance program means a program of insurance that provides, for a specifiedperiod:

1. Industrial insurance coverage;

2. A comprehensive program of safety; and

3. For the administration of claims for industrialinsurance,

for eachemployee of a contractor or subcontractor who is engaged in a constructionproject when such an employee works at the site of the construction project.

(Added to NRS by 1999, 3139)

NRS 616A.093 Contractor-controlledinsurance program defined. Contractor-controlledinsurance program means a consolidated insurance program that is establishedand administered by the principal contractor of the construction project.

(Added to NRS by 1999, 3139)

NRS 616A.095 Damagesdefined. Damages means the recovery allowedin an action at law as contrasted with compensation.

[20:168:1947; 1943 NCL 2680.20](Substituted inrevision for NRS 616.050)

NRS 616A.100 Divisiondefined. Division means the Division of IndustrialRelations of the Department of Business and Industry.

(Added to NRS by 1991, 2389; A 1993,1856)(Substituted in revision for NRS 616.053)

NRS 616A.105 Employeeand workman defined. Employee andworkman are used interchangeably in chapters616A to 616D, inclusive, of NRS and meanevery person in the service of an employer under any appointment or contract ofhire or apprenticeship, express or implied, oral or written, whether lawfullyor unlawfully employed, and include, but not exclusively:

1. Aliens and minors.

2. All elected and appointed paid public officers.

3. Members of boards of directors of quasi-public orprivate corporations while rendering actual service for such corporations forpay.

4. Musicians providing music for hire, including membersof local supporting bands and orchestras commonly known as house bands.

[10:168:1947; A 1949, 659; 1943 NCL 2680.10](NRS A1957, 254; 1967, 1368; 1975, 618, 1018; 1979, 948; 1987, 597)(Substituted inrevision for NRS 616.055)

NRS 616A.110 Employee:Persons excluded. Employee excludes:

1. Any person whose employment is both casual and notin the course of the trade, business, profession or occupation of his employer.

2. Any person engaged as a theatrical or stageperformer or in an exhibition.

3. Musicians when their services are merely casual innature and not lasting more than 2 consecutive days, and not recurring for thesame employer, as in wedding receptions, private parties and similarmiscellaneous engagements.

4. Any person engaged in household domestic service,farm, dairy, agricultural or horticultural labor, or in stock or poultryraising, except as otherwise provided in chapters616A to 616D, inclusive, of NRS.

5. Any person performing services as a voluntary skipatrolman who receives no compensation for his services other than meals,lodging, or use of the ski tow or lift facilities.

6. Any personwho performs services as a sports official for a nominal fee at a sportingevent that is amateur, intercollegiate or interscholastic and is sponsored by apublic agency, public entity or private, nonprofit organization. As used inthis subsection, sports official includes an umpire, referee, judge,scorekeeper, timekeeper or other person who is a neutral participant in asporting event.

7. Any clergyman, rabbi or lay reader in the serviceof a church, or any person occupying a similar position with respect to anyother religion.

8. Any real estate broker, broker-salesman or salesmanlicensed pursuant to chapter 645 of NRS.

9. Any person who:

(a) Directly sells or solicits the sale of products, inperson or by telephone:

(1) On the basis of a deposit, commission,purchase for resale or similar arrangement specified by the Administrator byregulation, if the products are to be resold to another person in his home orplace other than a retail store; or

(2) To another person from his home or placeother than a retail store;

(b) Receives compensation or remuneration based on salesto customers rather than for the number of hours that he works; and

(c) Performs pursuant to a written agreement with theperson for whom the services are performed which provides that he is not anemployee for the purposes of this chapter.

[11:168:1947; A 1953, 99; 1955, 915](NRS A 1969,1100; 1975, 1018; 1977, 194; 1979, 949; 1985, 1077; 1995, 2129; 1997, 162; 2003, 1584)

NRS 616A.115 Employee:Lessees engaged in mining or operating a reduction plant. Except as provided in subsection 2 of NRS 616B.653, a lessee engaged in eithermining or operating a reduction plant shall be deemed to be:

1. An employee of the lessor; and

2. For the purposes of chapters616A to 616D, inclusive, of NRS,employed at the average wage paid to a miner employed regularly in the samelocality.

(Added to NRS by 1987, 597)(Substituted in revisionfor NRS 616.062)

NRS 616A.120 Employee:Participants in programs of job training administered by Division of Welfareand Supportive Services of Department of Health and Human Services. Except as otherwise provided in NRS 616A.125, any person who participatesin a program of job training administered by the Division of Welfare and SupportiveServices of the Department of Health and Human Services shall be deemed for thepurposes of chapters 616A to 616D, inclusive, of NRS to be an employee ofthe Division of Welfare and Supportive Services at the wage of $150 per monthand is entitled to the benefits of those chapters.

(Added to NRS by 1987, 2321; A 1997, 2346)

NRS 616A.125 Employee:Participants in programs to obtain training for employment administered byDivision of Welfare and Supportive Services of Department of Health and HumanServices. Any person who participates in aprogram to obtain training for employment administered by the Division ofWelfare and Supportive Services of the Department of Health and Human Services,if he receives training on the job and a wage directly from an employer, shallbe deemed for the purposes of chapters 616Ato 616D, inclusive, of NRS to be an employeeof that employer and is entitled to the benefits of those chapters.

(Added to NRS by 1987, 2321)(Substituted in revisionfor NRS 616.066)

NRS 616A.130 Employee:Volunteer workers in program for public service. Personswho perform volunteer work in any formal program which is being conducted:

1. Within a state or local public organization;

2. By a federally assisted organization; or

3. By a private, incorporated, nonprofit organizationwhich provides services to the general community,

and who arenot specifically covered by any other provisions of chapters 616A to 616D,inclusive, of NRS, while engaged in such volunteer work, may be deemed by aninsurer, for the purposes of those chapters, as employees of that organizationat a wage of $100 per month. Such persons are entitled to the benefits of thosechapters when the organization approves coverage and complies with theprovisions of those chapters and regulations adopted pursuant to them.

(Added to NRS by 1975, 290; A 1981, 1456; 1985, 575;1993, 693; 1995, 2008)(Substituted in revision for NRS 616.067)

NRS 616A.135 Employee:Persons performing volunteer work for private organizations as part of publicprograms. Persons who, under a writtenagreement between a public agency and a private organization, perform volunteerwork for a private organization as part of a public program and who are notspecifically covered by any other provisions of chapters616A to 616D, inclusive, of NRS, whileengaging in that volunteer work, may be deemed by an insurer, for the purposesof those chapters, as employees of the public agency at a wage of $100 permonth. Such persons are entitled to the benefits of those chapters when thepublic agency complies with the provisions of those chapters and theregulations adopted pursuant to them.

(Added to NRS by 1981, 1016; A 1981, 1538; 1985, 576;1993, 694; 1995, 2008; 1997, 2766, 2767)

NRS 616A.140 Employee:Members of Nevada Wing of Civil Air Patrol. Amember of the Nevada Wing of the Civil Air Patrol who participates:

1. In a mission; or

2. In training,

which hasbeen authorized by the Division of Emergency Management of the Department ofPublic Safety shall be deemed for the purposes of chapters616A to 616D, inclusive, of NRS to be anemployee of the Division of Emergency Management at the wage of $600 per monthand, in the event of injury during such a mission or training, is entitled tothe benefits of those chapters.

(Added to NRS by 1983, 1354; A 1991, 2399; 1993,1856; 2001, 2632)

NRS 616A.145 Employee:Volunteer firefighters. Volunteer firefightersbelonging to a regular organized and recognized fire department, while engagedin their duties in any voluntary community service which they may undertake,and while acting under the direction of the fire chief or any of his assistantsin the protection of life or property, during fire, flood, earthquake,windstorm, ambulance service or other rescue work, shall be deemed, for thepurpose of chapters 616A to 616D, inclusive, of NRS, employees of the city,town, county or district so recognizing them, at the wage of $2,000 per month,and are entitled to the benefits of those chapters upon such city, town, countyor districts complying therewith.

[Part 17:168:1947; A 1951, 485; 1953, 163](NRS A1963, 745; 1965, 336; 1973, 497; 1983, 808; 1991, 168; 2005, 341)

NRS 616A.150 Employee:Paid firefighter performing voluntary off-duty services as firefighter. A firefighter who is employed by a regular organized andrecognized fire department, while engaged off duty in the voluntary performanceof services as a firefighter within the jurisdiction served by his departmentor a jurisdiction with which his department has a reciprocal agreement, isentitled to receive the benefits provided by chapters616A to 616D, inclusive, of NRS asthough he were an employee receiving the wage which he receives from hisregular employer.

(Added to NRS by 1979, 441; A 2005, 341)

NRS 616A.155 Employee:Persons rendering voluntary ambulance service. Amember of a nonprofit service organization or club, while engaged in renderingvolunteer ambulance service in any county, city or town, shall be deemed forthe purpose of chapters 616A to 616D, inclusive, of NRS, an employee of the organizationor club, at a wage of $2,000 per month, and is entitled to the benefits ofthose chapters if the organization or club complies therewith.

(Added to NRS by 1961, 418; A 1997, 470)

NRS 616A.160 Employee:Volunteer peace officers and persons authorized to issue certain citationspursuant to NRS484.4085. Volunteer officersattached to the Nevada Highway Patrol, volunteers appointed pursuant to NRS 484.4085 who qualify pursuant tosubsection 4 of that section, the investigators appointed pursuant to NRS 480.490 or volunteers of a regularlyorganized and recognized police department, metropolitan police department orsheriffs unit, while engaged in their duties as such in any voluntarycommunity service and while acting under the direction of the Chief of theNevada Highway Patrol, Chief of the Investigation Division of the Department ofPublic Safety or a sheriff or chief of police, or their deputies or assistants,of any county, metropolitan police department, city or town in the protectionof life or property shall be deemed, for the purpose of chapters 616A to 616D,inclusive, of NRS, employees of the Nevada Highway Patrol, InvestigationDivision or the city, town, metropolitan police department or county so recognizingthem, at the wage of $900 per month, and are entitled to the benefits of thosechapters upon compliance therewith by the Nevada Highway Patrol, InvestigationDivision or the county, metropolitan police department, city or town.

(Added to NRS by 1957, 252; A 1973, 926; 1983, 768,1291; 1995, 319; 1997, 71; 2001, 2632)

NRS 616A.165 Employee:Trustees of school districts. Trustees ofschool districts, while engaged in their designated duty as trustees, shall bedeemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees receiving awage of $250 per month, and, in the event of injury while performing their designatedduty, shall be entitled to the benefits of those chapters.

(Added to NRS by 1961, 70)(Substituted in revisionfor NRS 616.074)

NRS 616A.170 Employee:Junior traffic patrols. Members of juniortraffic patrols are defined as minors attending school and selected ordesignated by school officials or by school and city or town officials forregular duty on school days to patrol street crossings used by school childrenwhile going to or returning from school. They shall be deemed, for the purposeof chapters 616A to 616D, inclusive, of NRS, employees receiving awage of $100 per month from the city, town or school district in which theirdesignated duty is performed. In the event of injury while performing theirdesignated duty, they shall be entitled to the benefits of those chapters.

[Part 17:168:1947; A 1951, 485; 1953,163](Substituted in revision for NRS 616.075)

NRS 616A.175 Employee:Person vending or delivering newspaper or magazine. Anyperson who is:

1. Engaged in vending, selling, offering for sale ordelivering directly to the public any newspaper, magazine or periodicalpursuant to an agreement or contract with the publisher or distributor thereof;

2. Acting under the control of the publisher ordistributor; and

3. Receiving a wage, commission or other compensationbased upon his sales of the newspaper, magazine or periodical,

shall bedeemed, for the purposes of chapters 616A to616D, inclusive, of NRS, to be an employeeof the publisher or distributor and to be receiving a wage of $50 per month orhis actual remuneration, whichever is greater, and is entitled to the benefitsof those chapters.

(Added to NRS by 1963, 519; A 1983,1292)(Substituted in revision for NRS 616.076)

NRS 616A.180 Employee:Members of county advisory boards to manage wildlife. Membersof the county advisory boards to manage wildlife who serve without compensationpursuant to the provisions of NRS 501.285,while engaged in their designated duty as members, shall be deemed for thepurpose of chapters 616A to 616D, inclusive, of NRS, employees receiving awage of $250 per month, and, in the event of injury while performing theirdesignated duty, are entitled to receive the benefits of those chapters uponthe boards complying therewith.

(Added to NRS by 1959, 88; A 1969, 1561; 1985,1356)(Substituted in revision for NRS 616.077)

NRS 616A.185 Employee:Members of Nevada Legislature. For thepurposes of chapters 616A to 616D, inclusive, of NRS:

1. A member of the Nevada Legislature shall be deemedto be an employee of the State during his term of office at the wage of $2,000per month and is entitled to the benefits of those chapters.

2. Except as otherwise provided in this subsection andsubsection 1 of NRS 616A.265, anyinjury sustained by a member of the Nevada Legislature shall be deemed to havearisen out of and in the course of his employment as a Legislator if, at thetime of the injury, he was performing any act or was engaging in any event thatwas reasonably related to his legislative office or his public service as aLegislator, whether or not he was receiving remuneration from the State forperforming the act or engaging in the event at the time of the injury. Theprovisions of this subsection do not apply to any injury sustained by a memberof the Nevada Legislature if, at the time of the injury, he was performing anyact or was engaging in any event that was reasonably related to a politicalcampaign for any legislative or other elective office.

(Added to NRS by 1987, 2047; A 2003, 2793)

NRS 616A.190 Employee:Certain members of state, county and local departments, boards, commissions,agencies or bureaus; adjunct professors of Nevada System of Higher Education;members of Board of Regents. Members of state,county and local departments, boards, commissions, agencies or bureaus, whetherelected or appointed, who serve without compensation or who receive less than$250 per month compensation, the members of the State Board of Education,adjunct professors of the Nevada System of Higher Education and the members ofthe Board of Regents of the University of Nevada, while engaged in theirdesignated duties as members and adjunct professors, shall be deemed, for thepurpose of chapters 616A to 616D, inclusive, of NRS, employees receiving awage of $250 per month and, in the event of injury while performing theirdesignated duties, are entitled to the benefits of those chapters.

(Added to NRS by 1959, 168; A 1969, 465; 1961, 56;1967, 1369; 1975, 619; 1985, 576; 1993, 417; 1995, 2009)(Substituted inrevision for NRS 616.079)

NRS 616A.195 Employee:Persons ordered by court to perform community service.Any person:

1. Less than 18 years of age who is subject to thejurisdiction of the juvenile court and who has been ordered by the court toperform community service, upon compliance by the supervising authority; or

2. Eighteen years of age or older who has been orderedby any court to perform community service pursuant to NRS 176.087, upon compliance by the convictedperson or the supervising authority,

whileengaged in that work, shall be deemed, for the purpose of chapters 616A to 616D,inclusive, of NRS, an employee of the supervising authority at a wage of $50per month, and is entitled to the benefits of those chapters.

(Added to NRS by 1971, 249; A 1973, 1580; 1981, 487;1985, 576; 2001, 153;2003, 1159)

NRS 616A.200 Employee:Trainees in facility operated by Rehabilitation Division of Department ofEmployment, Training and Rehabilitation. Traineesin a rehabilitation facility operated by the Rehabilitation Division of theDepartment of Employment, Training and Rehabilitation, while engaged in anevaluation or training program and while acting under the direction or authorizationof the Rehabilitation Division in any county, city or town, shall be deemed,for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of theRehabilitation Division receiving a wage of $200 per month, and are entitled tothe benefits of those chapters upon compliance by the Rehabilitation Division.

(Added to NRS by 1965, 92; A 1967, 832; 1973, 1406;1993, 1856)(Substituted in revision for NRS 616.083)

NRS 616A.205 Employee:Volunteer workers at facilities for inpatients of Division of Mental Health andDevelopmental Services of Department of Health and Human Services. Volunteer workers at a facility for inpatients of theDivision of Mental Health and Developmental Services of the Department ofHealth and Human Services, while acting under the direction or authorization ofthe supervisor of volunteer services of such a facility, shall be deemed, forthe purpose of chapters 616A to 616D, inclusive, of NRS, employees of thefacility, receiving a wage of $350 per month, and are entitled to the benefitsof those chapters upon compliance therewith by the facility.

(Added to NRS by 1969, 236; A 1973, 118, 1406; 1987,921; 1999, 115)

NRS 616A.210 Employee:Subcontractors and employees.

1. Except as otherwise provided in NRS 616B.603, subcontractors, independentcontractors and the employees of either shall be deemed to be employees of theprincipal contractor for the purposes of chapters616A to 616D, inclusive, of NRS.

2. If the subcontractor is a sole proprietor or partnershiplicensed pursuant to chapter 624 of NRS, thesole proprietor or partner shall be deemed to receive a wage of $500 per monthfor the purposes of chapters 616A to 616D, inclusive, of NRS.

3. This section does not affect the relationshipbetween a principal contractor and a subcontractor or independent contractorfor any purpose outside the scope of chapters616A to 616D, inclusive, of NRS.

[22:168:1947; A 1951, 485](NRS A 1987, 2047; 1991,2399)(Substituted in revision for NRS 616.085)

NRS 616A.215 Employee:Apprentices and trainees.

1. Except as otherwise provided in subsection 3, anyperson who is an apprentice or trainee shall be deemed for the purposes of chapters 616A to 616D,inclusive, of NRS to be an employee of an apprenticeship committee registeredwith the State Apprenticeship Council at a wage of $150 per month while he is:

(a) Attending a class for vocational training; or

(b) Receiving bona fide instruction as an apprentice ortrainee,

under thedirection of the apprenticeship committee. Such an apprentice or traineeis entitled to the benefits of chapters 616Ato 616D, inclusive, of NRS.

2. A person who is an apprentice or trainee shall bedeemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of anemployer who is participating in a program of training and instruction as anapprentice or trainee approved pursuant to chapter610 of NRS while:

(a) The apprentice or trainee is performing work forthat employer; and

(b) The employer is paying the apprentice or trainee awage for the work performed.

Theapprentice or trainee shall be deemed to be an employee at a wage equal to hisaverage monthly wage as determined pursuant to the regulations adopted by theAdministrator pursuant to NRS 616C.420and is entitled to the benefits of chapters 616Ato 616D, inclusive, of NRS.

3. If an apprentice or trainee who is employed by anemployer participating in a program of training and instruction is injuredwhile he is deemed to be an employee of the apprenticeship committee pursuantto subsection 1 and the apprentice or trainee is unable to work for an employerparticipating in the program solely because of that injury, the apprentice ortrainee shall be deemed to be an employee of the apprenticeship committee at awage of $150 per month or at his average monthly wage as determined pursuant tothe regulations adopted by the Administrator pursuant to NRS 616C.420, whichever is greater.

4. As used in this section, trainee means a personwho is under the direction of an apprenticeship committee specified insubsection 1 and, for that purpose, is described by that apprenticeshipcommittee as a journeyworker trainee.

(Added to NRS by 1981, 710; A 1983, 1292; 1997, 2766;2001, 363)

NRS 616A.220 Employee:Real estate licensees.

1. Each person licensed pursuant to chapter 645 of NRS as a real estate broker,broker-salesman or salesman who does business in this State and receives wages,commissions or other compensation based upon activities for which the licenseis required may elect coverage pursuant to chapters616A to 616D, inclusive, of NRS. Ifcoverage is so elected, the real estate broker, broker-salesman or salesmanshall be deemed for the purpose of those chapters to earn wages of $1,500 permonth. Except as otherwise provided in subsection 2, not more than one premiummay be collected from such a licensee for the wages, commission or othercompensation he receives from any activity for which such a license isrequired.

2. Except as otherwise provided in this subsection, ifa licensee holds both an individual broker license and a corporate brokerlicense, the licensee shall pay the premium for coverage under the corporatebroker license only and is limited to recovery of benefits in accordance withthe deemed compensation attributed to that license only. If a licensee holdsboth an individual broker license and a corporate broker license and elects topay premiums for coverage under the individual broker license also, he mayrecover benefits in accordance with the deemed compensation attributed to bothlicenses.

(Added to NRS by 1977, 927; A 1991, 1688; 1995,2130)(Substituted in revision for NRS 616.087)

NRS 616A.225 Employee:Persons participating in federally approved training programs.

1. Any person who participates in a training programapproved pursuant to 29 U.S.C. 1501 to 1781, inclusive, is entitled to thebenefits of chapters 616A to 616D, inclusive, of NRS and, except as providedin subsection 2, shall be deemed an employee of the person receiving the grantto conduct the program, at a wage:

(a) Of $150 per month if he is receiving formalinstruction in a classroom;

(b) Equal to his actual remuneration if he is beingtrained under actual working conditions and he is paid a wage by the recipientof the grant; or

(c) Of $150 per month or his actual remuneration,whichever is greater, if he is being so trained and instructed and receiving awage from the recipient of the grant.

2. Any person who participates in a training programapproved pursuant to 29 U.S.C. 1501 to 1781, inclusive, where he is trainedon the job and is paid a wage directly by the employer shall be deemed anemployee of that employer and is entitled to the benefits of chapters 616A to 616D,inclusive, of NRS.

(Added to NRS by 1985, 575)(Substituted in revisionfor NRS 616.088)

NRS 616A.230 Employerdefined. Employer means:

1. Except as otherwise provided in subsection 4 of NRS 616B.627, the State, and each county,city, school district, and all public and quasi-public corporations thereinwithout regard to the number of persons employed.

2. Every person, firm, voluntary association andprivate corporation, including any public service corporation, which has inservice any person under a contract of hire.

3. The legal representative of any deceased employer.

4. The Nevada Rural Housing Authority.

5. An owner or principal contractor who establishesand administers a consolidated insurance program pursuant to NRS 616B.710, with respect to theemployees covered under that consolidated insurance program.

[9:168:1947; A 1949, 659; 1943 NCL 2680.9](NRS A1981, 710; 1995, 819; 1999,3140; 2001, 608)

NRS 616A.235 Externalreview organization defined. External revieworganization means an organization which has been issued a certificatepursuant to NRS 616A.469 thatauthorizes the organization to conduct external reviews for the purposes of chapters 616A to 617,inclusive, of NRS.

(Added to NRS by 2003, 2330)

NRS 616A.240 Footdefined. Foot shall be considered as thatportion below the junction of the middle and lower thirds of the leg.

[Part 62:168:1947; A 1949, 659; 1953,292](Substituted in revision for NRS 616.095)

NRS 616A.245 Handdefined. Hand shall be considered as thatportion below the junction of the middle and lower thirds of the forearm.

[Part 62:168:1947; A 1949, 659; 1953,292](Substituted in revision for NRS 616.100)

NRS 616A.250 Incarcerateddefined. Incarcerated means confined in:

1. Any local detention facility, county jail, stateprison, reformatory or other correctional facility as a result of a convictionor a plea of guilty or nolo contendere in a criminal proceeding; or

2. Any institution or facility for the mentally ill asa result of a plea of not guilty by reason of insanity in a criminalproceeding,

in thisState, another state or a foreign country.

(Added to NRS by 1993, 659; A 1995, 2476; 2003, 1497)

NRS 616A.255 Independentcontractor defined. Independent contractormeans any person who renders service for a specified recompense for a specifiedresult, under the control of his principal as to the result of his work onlyand not as to the means by which such result is accomplished.

[14:168:1947; 1943 NCL 2680.14](Substituted inrevision for NRS 616.105)

NRS 616A.260 Industrialinsurance defined. Industrial insurancemeans insurance which provides the compensation required by chapters 616A to 617,inclusive, of NRS and employers liability insurance incidental to and providedin connection with that insurance.

(Added to NRS by 1995, 200)

NRS 616A.265 Injuryand personal injury defined.

1. Injury or personal injury means a sudden andtangible happening of a traumatic nature, producing an immediate or promptresult which is established by medical evidence, including injuries to prostheticdevices. Except as otherwise provided in subsection 3, any injury sustained byan employee while engaging in an athletic or social event sponsored by hisemployer shall be deemed not to have arisen out of or in the course ofemployment unless the employee received remuneration for participation in theevent.

2. For the purposes of chapters616A to 616D, inclusive, of NRS:

(a) Coronary thrombosis, coronary occlusion, or anyother ailment or disorder of the heart, and any death or disability ensuingtherefrom, shall be deemed not to be an injury by accident sustained by anemployee arising out of and in the course of his employment.

(b) The exposure of an employee to a contagious diseasewhile providing medical services, including emergency medical care, in thecourse and scope of his employment shall be deemed to be an injury by accidentsustained by the employee arising out of and in the course of his employment.

(c) Except as otherwise provided in paragraph (d), theexposure to a contagious disease of a police officer or a salaried or volunteerfirefighter who was exposed to the contagious disease:

(1) Upon battery by an offender; or

(2) While performing the duties of a policeofficer or firefighter,

shall bedeemed to be an injury by accident sustained by the police officer or firefighterarising out of and in the course of his employment if the exposure is documentedby the creation and maintenance of a report concerning the exposure pursuant toparagraph (a) of subsection 1 of NRS616C.052. As used in this paragraph, the term battery includes, withoutlimitation, the intentional propelling or placing, or the causing to bepropelled or placed, of any human excrement or bodily fluid upon the person ofan employee.

(d) If a police officer or a salaried or volunteerfirefighter tests positive for exposure to tuberculosis or another contagiousdisease under the circumstances described in subsection 2 or 3 of NRS 616C.052, he shall be deemed to havesustained an injury by accident arising out of and in the course of hisemployment, unless the insurer can prove by a preponderance of the evidencethat the exposure was not related to the employment of the police officer orfirefighter.

3. Any injurysustained by an employee of a school district while engaging in an athletic orsocial event shall be deemed to have arisen out of and in the course of hisemployment, whether or not the employee received remuneration for participationin the event, if:

(a) The eventwas sponsored by the school district, or the event was an extracurricularactivity which was sponsored or organized by a student class, student group orstudent organization for an educational, recreational or charitable purpose andwhich was reasonably related to the employees job with the school district;

(b) Theemployee participated in the event at the request of or with the concurrence ofsupervisory personnel, whether the request or concurrence was oral or written;and

(c) The employee participated in the event to enablethe event to take place or to ensure the safety and well-being of any studentsof the school district.

[19:168:1947; A 1951, 485](NRS A 1975, 619; 1981,1196; 1991, 2400; 1993, 694; 1999, 2446; 2001, 1015, 1872; 2003, 104, 2793; 2005, 341, 2237)

NRS 616A.270 Insurerdefined. Insurer includes:

1. A self-insured employer;

2. An association of self-insured public employers;

3. An association of self-insured private employers;and

4. A private carrier.

(Added to NRS by 1981, 1449; A 1993, 694; 1995, 2009;1999, 1760)

NRS 616A.273 Medicalfacility defined. Medical facility means ahospital, clinic or other facility that provides treatment to an employee who:

1. Is injured by an accident; or

2. Contracts an occupational disease,

arising outof and in the course of his employment.

(Added to NRS by 2003, 2303)

NRS 616A.280 Organizationfor managed care defined. Organization formanaged care means any person who:

1. Provides or arranges for the provision of medicaland health care services;

2. Establishes objectives, standards and protocols forsuch services;

3. Organizes providers of health care to ensure theavailability and accessibility of such services; and

4. Establishes a system that allows for the submissionof reports to an insurer that are necessary to evaluate the effectiveness andcost of delivering medical and health care services to injured employees.

(Added to NRS by 1993, 660; A 1995,2009)(Substituted in revision for NRS 616.1114)

NRS 616A.282 Owner-controlledinsurance program defined. Owner-controlledinsurance program means a consolidated insurance program that is establishedand administered by the owner of the construction project.

(Added to NRS by 1999, 3139)

NRS 616A.283 Policeofficer defined. Police officer has themeaning ascribed to it in NRS 617.135.

(Added to NRS by 1999, 2445)

NRS 616A.284 Policyyear defined. Policy year means the12-month period during which a policy of industrial insurance is effective.

(Added to NRS by 2001, 2447)

NRS 616A.285 Principalcontractor defined. Principal contractormeans a person who:

1. Coordinates all the work on an entire project;

2. Contracts to complete an entire project;

3. Contracts for the services of any subcontractor orindependent contractor; or

4. Is responsible for payment to any contractedsubcontractors or independent contractors.

(Added to NRS by 1991, 2390)(Substituted in revisionfor NRS 616.1115)

NRS 616A.290 Privatecarrier defined. Private carrier means anyinsurer or the legal representative of an insurer authorized to provideindustrial insurance pursuant to chapters 616Ato 617, inclusive, of NRS. The term does notinclude a self-insured employer or an association of self-insured public orprivate employers.

(Added to NRS by 1995, 2000; A 1999, 1760)

NRS 616A.295 Privateemployer defined. Private employer meansany person, other than a public employer, who has in service any person under acontract of hire who is not excluded from the term employee pursuant to NRS 616A.110.

(Added to NRS by 1993, 660)(Substituted in revisionfor NRS 616.1116)

NRS 616A.300 Publicemployer defined. Public employer means theState and a county, city, school district and public or quasi-publiccorporation within this State.

(Added to NRS by 1993, 660)(Substituted in revisionfor NRS 616.1117)

NRS 616A.305 Self-insuredemployer defined. Self-insured employermeans any employer who possesses a certification from the Commissioner of Insurancethat he has the capability to assume the responsibility for the payment of compensationpursuant to chapters 616A to 617, inclusive, of NRS.

(Added to NRS by 1979, 1035; A 1995,2009)(Substituted in revision for NRS 616.112)

NRS 616A.310 Soleproprietor defined. Sole proprietor means aself-employed owner of an unincorporated business and includes working partnersand members of working associations. Coverage remains in effect only if thesole proprietor remains a domiciliary of Nevada.

(Added to NRS by 1975, 1017; A 1987,598)(Substituted in revision for NRS 616.114)

NRS 616A.315 Solicitordefined. Solicitor means a person who:

1. Forms or proposes to form; or

2. Proposes to secure funds for forming or financingor recruiting members for,

anassociation of public or private self-insured employers.

(Added to NRS by 1995, 1974)

NRS 616A.317 StateIndustrial Insurance System defined. State IndustrialInsurance System means that entity established by section 79 of chapter 642,Statutes of Nevada 1981, at page 1449.

(Added to NRS by 1999, 1758)

NRS 616A.320 Subcontractorsdefined. Subcontractors shall includeindependent contractors.

[21:168:1947; 1943 NCL 2680.21](Substituted inrevision for NRS 616.115)

NRS 616A.330 Tangiblenet worth defined. Tangible net worth meansall of the assets of an association of self-insured private employers or of amember of such an association except:

1. Accounts receivable, if they are factored orcollateralized.

2. An inventory, except one held for resale and notcollateralized.

3. A prepaid expense.

4. An unqualified investment.

5. An allocated bond fund.

6. An investment in an affiliate.

7. A restricted fund.

8. A reserve.

9. A security cost, such as a capitalized bond cost.

10. A cash equivalent, unless it is described in thefootnotes for the balance sheet by item, and for investments, by duration andnature. A cash flow statement is not a sufficient description.

11. A contingency or commitment, including anyestimated cost.

12. Any book adjustment caused by a change in anaccounting policy or a restatement.

13. Goodwill or excess cost over the fair market valueof assets.

14. Any other items listed in the assets that aredeemed unacceptable by the Commissioner because they cannot be justified orbecause they do not directly support the ability of the association or themember to pay a claim.

(Added to NRS by 1995, 1974)

NRS 616A.335 Third-partyadministrator defined. Third-party administratormeans a person who is hired by an insurer to provide administrative servicesfor the insurer and manage claims. The term does not include an insurancecompany.

(Added to NRS by 1991, 2390)(Substituted in revisionfor NRS 616.1165)

NRS 616A.340 Totaldisability defined. Total disability meansincapacity resulting from an accident arising out of and in the course ofemployment which prevents the covered workman from engaging, for remunerationor profit, in any occupation for which he is or becomes reasonably fitted byeducation, training or experience.

(Added to NRS by 1973, 367)(Substituted in revisionfor NRS 616.117)

NRS 616A.345 Tradeassociation defined. Trade associationmeans an association of firms concerned with:

1. A single product or service;

2. A number of closely related products or services;or

3. Contractors, manufacturers, distributors orretailers of a product or service or a number of closely related products orservices,

asdetermined by the Commissioner.

(Added to NRS by 1995, 1975)

NRS 616A.350 Trade,business, profession or occupation of his employer defined. Trade, business, profession or occupation of hisemployer includes all services tending toward the preservation, maintenance oroperation of the business, business premises, or business property of theemployer.

[13:168:1947; 1943 NCL 2680.13](Substituted inrevision for NRS 616.120)

NRS 616A.355 Utilizationreview defined. Utilization review has themeaning ascribed to it in NRS 683A.376.

(Added to NRS by 1993, 660)(Substituted in revisionfor NRS 616.122)

NRS 616A.360 Vocationalrehabilitation services defined. Vocationalrehabilitation services has the meaning ascribed to it in NRS 615.140.

(Added to NRS by 1991, 2390)(Substituted in revisionfor NRS 616.123)

DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OFBUSINESS AND INDUSTRY

NRS 616A.400 Dutiesof Administrator: Regulations. TheAdministrator shall:

1. Prescribe by regulation the time within whichadjudications and awards must be made.

2. Regulate forms of notices, claims and other blankforms deemed proper and advisable.

3. Prescribe by regulation the methods by which aninsurer may approve or reject claims, and may determine the amount and natureof benefits payable in connection therewith.

4. Prescribe by regulation the method for reimbursingan injured employee for expenses necessarily incurred for travel more than 20miles one way from his residence or place of employment to his destination as aresult of an industrial injury.

5. Determine whether an insurer has provided adequatefacilities in this State to administer claims and for the retention of a fileon each claim.

6. Evaluate the services of private carriers providedto employers in:

(a) Controlling losses; and

(b) Providing information on the prevention ofindustrial accidents or occupational diseases.

7. Conduct such investigations and examinations ofinsurers as he deems reasonable to determine whether any person has violatedthe provisions of chapters 616A to 616D, inclusive, or chapter617 of NRS or to obtain information useful to enforce or administer thesechapters.

8. Except with respect to any matter committed byspecific statute to the regulatory authority of another person or agency, adoptsuch other regulations as he deems necessary to carry out the provisions of chapters 616A to 617,inclusive, of NRS.

[Part 44:168:1947; 1943 NCL 2680.44](NRS A 1969,1101; 1973, 599, 1597; 1977, 83; 1979, 1042; 1981, 1459; 1985, 863; 1991, 2401;1993, 703; 1995, 2013; 1999,1760)

NRS 616A.402 Dutiesof Administrator: Program concerning rights and responsibilities of employersand employees.

1. The Administrator shall make available a program,using a videotape cassette or other means of presentation, concerning therights and responsibilities of employers and employees pursuant to chapters 616A to 617,inclusive, of NRS. The Administrator shall provide written notificationconcerning the availability of the program to each chamber of commerce inNevada and to each statewide association for a business or industry. Theprogram must be available to community organizations, businesses, employers andemployees upon request.

2. The Administrator shall provide each:

(a) Employer who attends a program, a certificate whichcertifies that he has completed the program described in subsection 1. Theemployer shall post the certificate in his business in a place that is readilyaccessible and visible to his employees.

(b) Employee who attends a program, a card which certifiesthat he has completed the program described in subsection 1.

(Added to NRS by 1991, 2395; A 1993, 697; 1997,1430)(Substituted in revision for NRS 616B.203)

NRS 616A.403 Dutiesof Administrator: Preparation of annual report of enforcement of NevadaIndustrial Insurance Act and Nevada Occupational Diseases Act.

1. The Administrator shall prepare an annual reportconcerning the enforcement of the provisions of chapters616A to 617, inclusive, of NRS through theimposition of fines and benefit penalties against insurers, organizations formanaged care, health care providers, third-party administrators and employers.

2. The annual report must include, without limitation:

(a) The total number of complaints filed with theAdministrator involving alleged conduct that is sanctionable by a fine orbenefit penalty;

(b) The total number of investigations conducted by theAdministrator involving alleged conduct that is sanctionable by a fine orbenefit penalty;

(c) The disposition of each such complaint andinvestigation, including, without limitation, whether the Administrator imposedor refused to impose a fine or benefit penalty and, if the Administratorimposed a fine or benefit penalty, the amount of the fine or benefit penalty;and

(d) The disposition of any administrative appeal oraction for judicial review involving the decision of the Administrator toimpose or refuse to impose a fine or benefit penalty.

(Added to NRS by 2005, 99)

NRS 616A.404 Dutiesof Administrator: Provision of information for Office for Consumer HealthAssistance. The Administrator shall include onany notice or form that is provided to injured employees and is on the Internetwebsite of the Division, contact information for the Office for Consumer HealthAssistance created pursuant to NRS 223.550.

(Added to NRS by 2005, 1074)

NRS 616A.405 Powersof Administrator: Adoption of regulations concerning affidavit required ofbusinesses by local governments to affirm compliance with chapters 616Ato 616D,inclusive, of NRS. The Administrator may adoptregulations relating to NRS 244.33505and 268.0955, including regulationsspecifying the form of the affidavit required by those sections.

(Added to NRS by 1991, 2390)(Substituted in revisionfor NRS 616.2205)

NRS 616A.410 Administratorto prosecute and defend actions; extraordinary writs; verifications;undertakings.

1. The Administrator may prosecute, defend andmaintain actions in the name of the Administrator for the enforcement of theprovisions of chapters 616A to 616D, inclusive, or 617of NRS and is entitled to all extraordinary writs provided by the Constitutionof the State of Nevada, the statutes of this State and the Nevada Rules ofCivil Procedure in connection therewith for the enforcement thereof.

2. Verification of any pleading, affidavit or otherpaper required may be made by the Administrator.

3. In any action or proceeding or in the prosecutionof any appeal by the Administrator, no bond or undertaking need be furnished bythe Administrator.

[82:168:1947; 1943 NCL 2680.82](NRS A 1969, 1101;1981, 1459; 1999, 207)

NRS 616A.415 Printing. Repealed. (See chapter 318, Statutes of Nevada 2005,at page 1094.)

 

NRS 616A.417 Filingor delivering documentation by electronic transmission; regulations byAdministrator.

1. Except as otherwise provided in chapters 616A to 617,inclusive, of NRS, a form, notice, claim, bill or other document required to befiled, mailed or delivered pursuant to the provisions of those chapters, or anyregulations adopted pursuant thereto, may, in the alternative, be filed ordelivered by electronic transmission.

2. For the purposes of the provisions of chapters 616A to 617,inclusive, of NRS, and any regulations adopted pursuant thereto, a signature ona form, notice, claim, bill or other document that is filed or delivered byelectronic transmission has the same legal effect as the original signature.

3. The Administrator may adopt such regulations as arenecessary to provide for the filing or delivery of such documents by electronictransmission.

(Added to NRS by 1997, 1423)

NRS 616A.420 Agreementsor compacts with other states; insurance coverage against double liability ofemployers.

1. The Administrator may enter into agreements orcompacts with appropriate agencies, bureaus, boards or commissions of otherstates concerning matters of mutual interest, extraterritorial problems in theadministration of chapters 616A to 616D, inclusive, or chapter617 of NRS, and to eliminate duplicate claims or benefits.

2. The insurer may provide liability insurancecoverage against any risks of double liability on the part of employers subjectto chapters 616A to 616D, inclusive, or chapter617 of NRS, for the same accident or injury.

(Added to NRS by 1973, 368; A 1981, 1461; 1999, 208)

NRS 616A.425 Fundfor Workers Compensation and Safety.

1. There is hereby established in the State Treasurythe Fund for Workers Compensation and Safety as an enterprise fund. All moneyreceived from assessments levied on insurers and employers by the Administratorpursuant to NRS 232.680 must bedeposited in this Fund.

2. All assessments, penalties, bonds, securities andall other properties received, collected or acquired by the Division forfunctions supported in whole or in part from the Fund must be delivered to thecustody of the State Treasurer for deposit to the credit of the Fund.

3. All money and securities in the Fund must be usedto defray all costs and expenses of administering the program of workmenscompensation, including the payment of:

(a) All salaries and other expenses in administeringthe Division of Industrial Relations, including the costs of the office andstaff of the Administrator.

(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of theHearings Division of the Department of Administration and the programs ofself-insurance and review of premium rates by the Commissioner.

(c) The salary and other expenses of a full-timeemployee of the Legislative Counsel Bureau whose principal duties are limitedto conducting research and reviewing and evaluating data related to industrialinsurance.

(d) All salaries and other expenses of the FraudControl Unit for Industrial Insurance established pursuant to NRS 228.420.

(e) Claims against uninsured employers arising fromcompliance with NRS 616C.220 and 617.401.

(f) That portion of the salaries and other expenses ofthe Office for Consumer Health Assistance established pursuant to NRS 223.550 that is related to providingassistance to consumers and injured employees concerning workers compensation.

4. The State Treasurer may disburse money from theFund only upon written order of the Controller.

5. The State Treasurer shall invest money of the Fundin the same manner and in the same securities in which he is authorized toinvest state general funds which are in his custody. Income realized from theinvestment of the assets of the Fund must be credited to the Fund.

6. The Commissioner shall assign an actuary to reviewthe establishment of assessment rates. The rates must be filed with theCommissioner 30 days before their effective date. Any insurer or employer whowishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

7. If the Division refunds any part of an assessment,the Division shall include in that refund any interest earned by the Divisionfrom the refunded part of the assessment.

(Added to NRS by 1981, 1454; A 1991, 207, 2414, 2440;1993, 1867, 2803; 1995, 625; 1999, 1760; 2001, 959, 2755; 2003, 2808)

NRS 616A.430 UninsuredEmployers Claim Account.

1. There is hereby established in the State Treasurythe Uninsured Employers Claim Account in the Fund for Workers Compensationand Safety, which may be used only for the purpose of making payments inaccordance with the provisions of NRS616C.220, 616C.453 and 617.401. The Administrator shall administerthe Account and shall credit any excess money toward the assessments of theinsurers for the succeeding years.

2. All assessments, penalties, bonds, securities andall other properties received, collected or acquired by the Administrator for theUninsured Employers Claim Account must be delivered to the custody of theState Treasurer.

3. All money and securities in the Account must beheld by the State Treasurer as custodian thereof to be used solely for workerscompensation.

4. The State Treasurer may disburse money from theAccount only upon written order of the State Controller.

5. The State Treasurer shall invest money of theAccount in the same manner and in the same securities in which he is authorizedto invest money of the State General Fund. Income realized from the investmentof the assets of the Account must be credited to the Account.

6. The Administrator shall assess each insurer,including each employer who provides accident benefits for injured employeespursuant to NRS 616C.265, an amount tobe deposited in the Uninsured Employers Claim Account. To establish the amountof the assessment, the Administrator shall determine the amount of moneynecessary to maintain an appropriate balance in the Account for each fiscalyear and shall allocate a portion of that amount to be payable by privatecarriers, a portion to be payable by self-insured employers, a portion to bepayable by associations of self-insured public or private employers and aportion to be payable by the employers who provide accident benefits pursuantto NRS 616C.265, based upon theexpected annual expenditures for claims of each group of insurers. Afterallocating the amounts payable, the Administrator shall apply an assessmentrate to the:

(a) Private carriers that reflects the relative hazardof the employments covered by the private carriers, results in an equitabledistribution of costs among the private carriers and is based upon expectedannual premiums to be received;

(b) Self-insured employers that results in an equitabledistribution of costs among the self-insured employers and is based uponexpected annual expenditures for claims;

(c) Associations of self-insured public or privateemployers that results in an equitable distribution of costs among theassociations of self-insured public or private employers and is based uponexpected annual expenditures for claims; and

(d) Employers who provide accident benefits pursuant toNRS 616C.265 that reflects therelative hazard of the employments covered by those employers, results in anequitable distribution of costs among the employers and is based upon expectedannual expenditures for claims.

TheAdministrator shall adopt regulations for the establishment and administrationof the assessment rates, payments and any penalties that the Administrator determinesare necessary to carry out the provisions of this subsection. As used in thissubsection, the term group of insurers includes the group of employers who provideaccident benefits for injured employees pursuant to NRS 616C.265.

7. The Commissioner shall assign an actuary to reviewthe establishment of assessment rates. The rates must be filed with theCommissioner 30 days before their effective date. Any insurer who wishes toappeal the rate so filed must do so pursuant to NRS 679B.310.

(Added to NRS by 1981, 1455; A 1991, 208; 1993, 1869,2804; 1995, 625; 1997, 127; 2001, 2447, 2755; 2005, 1315)

NEVADA ATTORNEY FOR INJURED WORKERS

NRS 616A.435 Officecreated; appointment; term; qualifications; duties limited.

1. The Office of the Nevada Attorney for InjuredWorkers is hereby created within the Department of Business and Industry. TheGovernor shall appoint the Nevada Attorney for Injured Workers for a term of 4years.

2. The Nevada Attorney for Injured Workers:

(a) Must be an attorney licensed to practice law inthis State.

(b) Is in the unclassified service of the State.

(c) Except as otherwise provided in NRS 7.065, shall not engage in the privatepractice of law.

3. The duties of the Nevada Attorney for InjuredWorkers are limited to those prescribed by NRS616A.455 and 616A.460.

(Added to NRS by 1977, 886; A 1979, 310; 1981, 1285;1985, 667; 1989, 204; 1991, 833; 1993, 1861)(Substituted in revision for NRS616.253)

NRS 616A.440 Employmentof Deputy and staff; qualifications of Deputy.

1. The Nevada Attorney for Injured Workers may employ:

(a) A Deputy Nevada Attorney for Injured Workers who isin the unclassified service of the State.

(b) Clerical and other necessary staff who are in theclassified service of the State.

2. The Deputy must be an attorney licensed to practicelaw in this State and, except as otherwise provided in NRS 7.065, shall not engage in the privatepractice of law.

(Added to NRS by 1977, 886; A 1985, 443, 667; 1989,204; 1991, 833)(Substituted in revision for NRS 616.2531)

NRS 616A.445 Offices;budget.

1. The Nevada Attorney for Injured Workers shallestablish an office in Carson City or Reno, Nevada, and an office in Las Vegas,Nevada.

2. The Nevada Attorney for Injured Workers shallprepare and submit a budget for the maintenance and operation of his office inthe same manner as other state agencies.

(Added to NRS by 1977, 886; A 1979, 1044; 1981, 1463;1983, 1294; 1985, 667; 1991, 59, 833, 1934, 1935)(Substituted in revision forNRS 616.2533)

NRS 616A.450 Requestfor appointment; consideration of and action upon request; representation uponappointment.

1. Any claimant may request the appointment of theNevada Attorney for Injured Workers to represent him. The request must be madein writing.

2. The appeals officer or Administrator, as the casemay be, shall consider each request within a reasonable time and shall make anyinquiry as he deems necessary. If he finds that the claimant would be betterserved by legal representation in the case, he shall appoint the NevadaAttorney for Injured Workers to represent the claimant. Once the NevadaAttorney for Injured Workers has been appointed to represent a claimant, theNevada Attorney for Injured Workers is authorized to represent the claimant atany level of proceedings if, in the opinion of the Nevada Attorney for InjuredWorkers, the representation is necessary.

(Added to NRS by 1977, 886; A 1983, 478; 1985, 667;1989, 818; 1991, 833)(Substituted in revision for NRS 616.2535)

NRS 616A.455 Powersand duties.

1. Except as otherwise provided in subsection 3, theNevada Attorney for Injured Workers shall, when appointed by an appeals officeror the Administrator, represent without charge a claimant before the appealsofficer, Administrator, district court or Supreme Court. In addition, theNevada Attorney for Injured Workers may give advice regarding a claimantsrights before a hearing officer and the procedure for enforcing those rights.

2. When representing a claimant, the Nevada Attorneyfor Injured Workers shall:

(a) Advise the claimant and present his case to theappeals officer or Administrator; and

(b) Present in the district court or Supreme Court anappeal from the decision of the appeals officer or Administrator if, in theopinion of the Nevada Attorney for Injured Workers, the appeal is merited.

3. If the Nevada Attorney for Injured Workers determines,in accordance with the guidelines adopted pursuant to subsection 4, that aclaim is frivolous or lacks merit, he may refuse to represent a claimant.

4. The Nevada Attorney for Injured Workers shallestablish the policies to be followed in determining whether a claim isfrivolous or lacks merit.

(Added to NRS by 1977, 886; A 1985, 668; 1989, 818;1991, 834, 2403)(Substituted in revision for NRS 616.2537)

NRS 616A.460 Employmentof private counsel by claimant; reimbursement of Division; report to Governor.

1. The provisions of NRS 616A.435 to 616A.460, inclusive, do not prevent anyclaimant from engaging private counsel at any time, but the employment ofprivate counsel relieves the Nevada Attorney for Injured Workers from furtherpresentation of the claimants case. Any claimant who uses the services of theNevada Attorney for Injured Workers and who also retains private counsel shallreimburse the Division for the reasonable cost of the services of the NevadaAttorney for Injured Workers.

2. The Nevada Attorney for Injured Workers shallsubmit a report to the Governor containing a statement of the number ofclaimants represented, the status of each case and the amount and nature of theexpenditures made by his office.

(Added to NRS by 1977, 887; A 1981, 1463; 1985, 668;1991, 834; 1993, 1861)(Substituted in revision for NRS 616.2539)

ADDITIONAL DUTIES OF PUBLIC AGENCIES

NRS 616A.465 Responsibilitiesof Division, Commissioner of Insurance, Department of Administration and NevadaAttorney for Injured Workers.

1. Except as otherwise provided in this section, theDivision shall:

(a) Regulate insurers pursuant to chapters 616A to 617,inclusive, of NRS;

(b) Investigate insurers regarding compliance withstatutes and the Divisions regulations;

(c) Determine whether an employee leasing company isentitled to a certificate of registration pursuant to NRS 616B.673; and

(d) Regulate employee leasing companies pursuant to theprovisions of NRS 616B.670 to 616B.697, inclusive.

2. The Commissioner is responsible for reviewingrates, investigating the solvency of insurers, authorizing private carrierspursuant to chapter 680A of NRS andcertifying:

(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;

(b) Associations of self-insured public or privateemployers pursuant to NRS 616B.350 to 616B.446, inclusive; and

(c) Third-party administrators pursuant to chapter 683A of NRS.

3. The Department of Administration is responsible forcontested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The Administrator isresponsible for administrative appeals pursuant to NRS 616B.215.

4. The Nevada Attorney for Injured Workers isresponsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.

5. The Division is responsible for the investigationof complaints. If a complaint is filed with the Division, the Administratorshall cause to be conducted an investigation which includes a review ofrelevant records and interviews of affected persons. If the Administratordetermines that a violation may have occurred, the Administrator shall proceedin accordance with the provisions of NRS616D.120 and 616D.130.

6. As used in this section, employee leasing companyhas the meaning ascribed to it in NRS616B.670.

(Added to NRS by 1981, 1453; A 1983, 355; 1985, 666;1991, 831, 2400; 1993, 699, 700, 1856; 1995, 531, 542, 1638, 2010, 2130; 1997,285, 532, 535; 1999,400, 1714, 2412; 2001, 170)

NRS 616A.467 Powerof Commissioner and Administrator to delegate authority to collect fines anddeposit in Fund for Workers Compensation and Safety; claims for attorneysfees and costs of investigation if authority to collect fines not delegated.

1. The Commissioner or the Administrator may delegateto a hearing officer or panel his authority to take any disciplinary actionpursuant to NRS 616B.318, 616B.321, 616B.350 to 616B.446, inclusive, 616B.463, 616B.472 or 616D.120, impose and collectadministrative fines pursuant to those sections and deposit the money in theFund for Workers Compensation and Safety.

2. If a hearing officer or panel is not authorized totake disciplinary action pursuant to subsection 1 and the Commissioner or theAdministrator deposits the money collected from the imposition ofadministrative fines with the State Treasurer for credit to the State GeneralFund, he may present a claim to the State Board of Examiners for recommendationto the Interim Finance Committee if money is needed to pay attorneys fees orthe costs of an investigation, or both.

[84:168:1947; 1943 NCL 2680.84](NRS A 1965, 1344;1973, 602; 1981, 1477; 1983, 1532; 1985, 584; 1989, 893; 1993, 724; 1995, 2028;1999, 1715, 1766)(Substitutedin revision for NRS 616B.086)

NRS 616A.469 Certificateto operate as external review organization: Authority of Commissioner to issuecertificate; application; fee; prerequisites to issuance; ineligible parties.

1. The Commissioner may issue certificates authorizingqualified external review organizations to conduct external reviews for thepurposes of chapters 616A to 617, inclusive, of NRS. If the Commissionerissues such certificates and the Commissioner determines that an externalreview organization is qualified to conduct external reviews for the purposesof chapters 616A to 617, inclusive, of NRS, the Commissioner shallissue a certificate to the external review organization that authorizes theorganization to conduct such external reviews in accordance with the provisionsof NRS 616C.363 and the regulationsadopted by the Commissioner.

2. The Commissioner may adopt regulations settingforth the procedures that an external review organization must follow to beissued a certificate to conduct external reviews. Any regulations adoptedpursuant to this section must include, without limitation, provisions settingforth:

(a) The manner in which an external review organizationmay apply for a certificate and the requirements for the issuance and renewalof the certificate pursuant to this section;

(b) The grounds for which the Commissioner may refuseto issue, suspend, revoke or refuse to renew a certificate issued pursuant tothis section;

(c) The manner and circumstances under which anexternal review organization is required to conduct its business; and

(d) A fee for issuing or renewing a certificate of anexternal review organization pursuant to this section. The fee must not exceedthe cost of issuing or renewing the certificate.

3. A certificate issued pursuant to this sectionexpires 1 year after it is issued and may be renewed in accordance withregulations adopted by the Commissioner.

4. Before the Commissioner may issue a certificate toan external review organization, the external review organization must:

(a) Demonstrate to the satisfaction of the Commissionerthat it is able to carry out, in a timely manner, the duties of an externalreview organization as set forth in NRS616C.363 and the regulations adopted by the Commissioner. The demonstrationmust include, without limitation, proof that the external review organizationemploys, contracts with or otherwise retains only persons who are qualifiedbecause of their education, training, professional licensing and experience toperform the duties assigned to those persons; and

(b) Provide assurances satisfactory to the Commissionerthat the external review organization will:

(1) Conduct external reviews in accordance withthe provisions of NRS 616C.363 and theregulations adopted by the Commissioner;

(2) Render its decisions in a clear, consistent,thorough and timely manner; and

(3) Avoid conflicts of interest.

5. For the purposes of this section, an externalreview organization has a conflict of interest if the external revieworganization or any employee, agent or contractor of the external revieworganization who conducts an external review has a professional, familial orfinancial interest of a material nature with respect to any person who has asubstantial interest in the outcome of the external review, including, withoutlimitation:

(a) The claimant;

(b) The employer; or

(c) The insurer or any officer, director or managementemployee of the insurer.

6. The Commissioner shall not issue a certificate toan external review organization that is affiliated with:

(a) An organization for managed care which providescomprehensive medical and health care services to employees for injuries ordiseases pursuant to chapters 616A to 617, inclusive, of NRS;

(b) An insurer;

(c) A third-party administrator; or

(d) A national, state or local trade association.

7. An external review organization which is certifiedor accredited by an accrediting body that is nationally recognized shall bedeemed to have satisfied all the conditions and qualifications required for theexternal review organization to be issued a certificate pursuant to thissection.

(Added to NRS by 2003, 2330)

ADMINISTRATIVE DUTIES OF EMPLOYERS

NRS 616A.470 Self-insuredemployers and private carriers to compensate Nevada Attorney for InjuredWorkers or Hearings Division of Department of Administration for servicesprovided.

1. Except as otherwise provided in subsection 2, eachself-insured employer, association of self-insured public or private employersand private carrier shall compensate the office of the Nevada Attorney forInjured Workers or the Hearings Division of the Department of Administration,as appropriate, for all services which the Occupational Safety and HealthReview Board, the Nevada Attorney for Injured Workers, the mediators and theappeals officers provide to those employers. The cost of any service must benegotiated by the employer, association or private carrier, and the NevadaAttorney for Injured Workers or the Division, as appropriate, before theemployer, association or private carrier is charged for the service.

2. All compensation must be on the basis of actualcost and not on a basis which includes any subsidy for the Office of the NevadaAttorney for Injured Workers, the Division or other employers.

(Added to NRS by 1979, 1039; A 1981, 1461; 1985, 667;1991, 832; 1993, 707, 708; 1995, 2014; 1997, 1423; 1999, 444, 1761)

NRS 616A.475 Self-insuredemployers, associations of self-insured employers and private carriers tofurnish information to Administrator; insured employer to keep sufficientsupply of blank forms.

1. Every self-insured employer, association ofself-insured public or private employers or private carrier shall furnish tothe Administrator, upon request, all information required to carry out thepurposes of chapters 616A to 616D, inclusive, or chapter617 of NRS. The Administrator or any person employed by him for that purpose,may examine, under oath, any employer or officer, agent or employee thereof.

2. Every insured employer shall keep on handconstantly a sufficient supply of blank forms furnished by the insurer.

[Part 44:168:1947; 1943 NCL 2680.44] +[45:168:1947; 1943 NCL 2680.45](NRS A 1981, 1165, 1468; 1995, 2021; 1999, 208, 1762)

NRS 616A.480 Requiredexecution of blank forms by employer; penalty for noncompliance.

1. Every employer receiving from the insurer orAdministrator any blank form with directions to fill it out shall:

(a) Cause it to be filled out properly.

(b) Answer fully and correctly all questions thereinpropounded, and if unable to do so, shall give sufficient reasons for hisfailure. Answers to questions must be verified and returned to the insurer orAdministrator, as appropriate, within 6 working days.

2. If an employer fails to comply with the provisionsof subsection 1, the Administrator shall impose a fine of not more than $1,000for each failure to comply.

[46:168:1947; 1943 NCL 2680.46](NRS A 1981, 1469; 1991,2404; 1993, 712; 1995, 2022)(Substituted in revision for NRS 616.330)

NRS 616A.485 Employersrecords open to inspection.

1. The books, records and payroll of an employer whois self-insured, a member of an association of self-insured public or privateemployers or insured by a private carrier must be open to inspection by theAdministrator or his auditor or agent to determine:

(a) The accuracy of the payroll;

(b) The number of persons employed; and

(c) Any other information necessary for the administrationof chapters 616A to 617, inclusive, of NRS.

2. The books, records and payroll of an employer whois insured by a private carrier must be open to inspection by that privatecarrier or its auditor or agent in the manner prescribed in subsection 1.

[Part 80:168:1947; 1943 NCL 2680.80](NRS A 1981,1469; 1993, 1862; 1995, 2022; 1999, 1762, 2413; 2001, 115)

NRS 616A.490 Employerto post notice identifying his industrial insurer; contents of notice. Every employer shall post a notice upon his premises in aconspicuous place identifying his industrial insurer. The notice must includethe insurers name, business address and telephone number and the name,business address and telephone number of its nearest adjuster in this State.The employer shall at all times maintain the notice provided for theinformation of his employees.

(Added to NRS by 1995, 2000)

NRS 616A.495 Employerto make available evidence of his coverage; penalty for noncompliance.

1. Each employer shall ensure that a copy of his:

(a) Policy of industrial insurance, including thedeclaration page, if the employer is insured by a private carrier;

(b) Certificate issued by the Commissioner pursuant to NRS 616B.312, if the employer isself-insured; or

(c) Certificate issued by the Commissioner pursuant to NRS 616B.359 and of a certificate orletter issued by the association of self-insured public or private employersverifying that the employer is a member in good standing of the association, ifthe employer is a member of an association of self-insured public or privateemployers,

is availableat all times for inspection by the Administrator or his auditor or agent or aninvestigator of the Attorney General at each of the employers places of business,except that if such a place of business is situated in a temporary location andis intended to remain in the temporary location for not more than 1 year, thecopy must be made available at that place of business within 24 hours afterbeing requested by the Administrator, auditor, agent or investigator.

2. An employer insured by a private carrier,self-insured employer or employer who is a member of an association ofself-insured public or private employers who violates the provisions ofsubsection 1 is guilty of a misdemeanor.

(Added to NRS by 1997, 3216; A 1997, 3224; 2001, 800)

 

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