There is a newer version of the Nevada Revised Statutes
2010 Nevada Code
TITLE 53 LABOR AND INDUSTRIAL RELATIONS
Chapter 616C Industrial Insurance: Benefits for Injuries or Death
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REPORTS OF INJURIES AND CLAIMS FOR COMPENSATION
- NRS 616C.005 Forms for reporting injuries: Insurer to distribute revised forms to employers periodically; Administrator to make revised forms available to physicians and chiropractors.
- NRS 616C.010 Employee to report accident and injury to employer; examination of employee; employee leasing company to provide to leased employees instructions regarding reporting of injuries.
- NRS 616C.015 Notice of injury or death: Requirements; availability of form; retention; notice by leased employee.
- NRS 616C.020 Claim for compensation: Requirements for injured employee, dependent or representative to file claim; form.
- NRS 616C.025 Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions.
- NRS 616C.030 Dependent of injured employee barred from filing claim for compensation if untimely or previously denied.
- NRS 616C.035 Application for death benefit.
- NRS 616C.040 Claim for compensation: Duty of treating physician or chiropractor to file or delegate duty to medical facility; electronic filing; form and contents; maintenance of forms; penalty.
- NRS 616C.045 Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty.
- NRS 616C.050 Information required to be provided by insurer to claimant.
- NRS 616C.052 Exposure of police officer, firefighter or arson investigator to contagious disease: Reporting and testing requirements; eligibility for compensation.
- NRS 616C.055 Use of fee schedules which unfairly discriminate among physicians and chiropractors prohibited; payment for services rendered by physician or chiropractor after removal from panel prohibited.
- NRS 616C.065 Duty of insurer to accept or deny claim; new determination; penalty; failure of insurer to indicate acceptance or denial of claim; written determination.
- NRS 616C.070 Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception.
- NRS 616C.075 Effect of employee's refusal to submit to physical examination after accident. TREATMENT AND RATING OF INJURED EMPLOYEES
- NRS 616C.085 Duties of employer when employee injured: First aid; reimbursement.
- NRS 616C.090 Selection of physician or chiropractor: Powers and duties of Administrator; selection and alternate selection from established panel or pursuant to contract; responsibility for charges.
- NRS 616C.095 Duty of physician or chiropractor to advise injured employee of rights.
- NRS 616C.100 Additional determination of percentage of disability permitted if cost paid by injured employee; authority of injured employee to seek reimbursement of cost; results of determination may be offered at hearing or conference.
- NRS 616C.105 Requirements for designation of chiropractor to rate permanent partial disabilities.
- NRS 616C.110 American Medical Association's Guides to the Evaluation of Permanent Impairment: Duty of Division to adopt Guides by regulation.
- NRS 616C.115 Prescription of generic drugs required; exceptions.
- NRS 616C.120 Employee may elect treatment through prayer in lieu of medical treatment.
- NRS 616C.125 Insurer may contract with suppliers for provision of services and goods to injured employees.
- NRS 616C.130 Insurer's payment to physician or chiropractor attending injured employee conditioned upon receipt of itemized statement and certificate.
- NRS 616C.135 Liability of insurer for payment of charges for treatment related to industrial injury or occupational disease; acceptance of payment by provider of health care from injured employee or health or casualty insurer for treatment that was erroneously denied.
- NRS 616C.136 Action by insurer on bill from provider of health care; payment of interest; request for additional information; compliance with requirements.
- NRS 616C.137 Denial of payment for unrelated services: Requirements for notification; liability of injured employee; appeal.
- NRS 616C.138 Payment of provider of health care upon insurer's denial of authorization or responsibility for treatment or other services provided; reimbursement of injured employee or health or casualty insurer; recovery of excess amount paid to provider of health care.
- NRS 616C.140 Medical examination of claimant; effect of refusal to submit to examination; communications not privileged. DETERMINATION AND PAYMENT OF BENEFITS
- NRS 616C.150 Compensation prohibited unless preponderance of evidence establishes that injury arose out of and in course of employment; rebuttable presumption if notice of injury is filed after termination of employment.
- NRS 616C.155 Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer.
- NRS 616C.157 Request for prior authorization: Time to respond; effect of failure to respond in timely manner.
- NRS 616C.160 Newly developed injury or disease: Inclusion in original claim for compensation; limitation.
- NRS 616C.165 Determination of responsibility of insurer for undisputed claim for compensation; reimbursement of insurer initially providing compensation to injured employee.
- NRS 616C.170 Resolution of disputes between insurers if benefits are claimed against more than one insurer; adoption of regulations by Administrator; appeal of decision of Administrator; payment of benefits until determination of responsibility by Administrator.
- NRS 616C.175 Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related injury by incident which is not employment related.
- NRS 616C.177 Medical records concerning preexisting condition: Authority of insurer to request records; injured employee required to release records under certain circumstances.
- NRS 616C.180 Injury or disease caused by stress.
- NRS 616C.185 Compensation for mastectomy and reconstructive surgery.
- NRS 616C.190 Compensation of employee injured out of State.
- NRS 616C.195 Acceptance of compensation or benefits by employee injured out of State constitutes release of employer and waiver of remedy at common law or statutory remedy provided in another state.
- NRS 616C.200 Commencement of action in another state to recover damages or compensation by employee injured out of State constitutes irrevocable waiver of compensation due under Nevada law; satisfaction of foreign judgment against Nevada employer.
- NRS 616C.205 Compensation not assignable; exempt from attachment, garnishment and execution; accrued compensation payable to dependents.
- NRS 616C.210 Compensation of nonresident alien dependents; notification of dependent required.
- NRS 616C.215 Actions and proceedings to recover damages in tort or from proceeds of vehicle insurance: Reduction of compensation by amount of recovery; rights of injured employee or dependents and of insurer or Administrator; notification and payment of insurer or Administrator; instructions to jury; calculation of employer's premium.
- NRS 616C.220 Compensation from Uninsured Employers' Claim Account: Administration and payment of claims; eligibility of employee; liability of employer; powers and duties of Division; appeals; penalty; collection.
- NRS 616C.225 Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies.
- NRS 616C.230 Grounds for denial, reduction or suspension of compensation; evidence of and examination for use of alcohol or controlled substance.
- NRS 616C.232 Denial of compensation for temporary disability because of discharge for misconduct.
- NRS 616C.235 Closure of claim by insurer: Procedure; notice; special procedure if medical benefits less than $300. ACCIDENT BENEFITS
- NRS 616C.245 Injured employee entitled to accident benefits; limitation on receipt of modified motor vehicle as accident benefit; regulations establishing maximum benefit.
- NRS 616C.250 Establishment, revision and compliance with standards of care for provision of accident benefits.
- NRS 616C.255 Premium for accident benefits paid by employer; accident benefits provided by private carrier; separate account for accident benefits.
- NRS 616C.260 Fees and charges for accident benefits: Restrictions; establishment and revision of schedule; powers and duties of Administrator; penalty for refusal to provide information; regulations.
- NRS 616C.265 Election by employer to provide accident benefits; reporting requirements; payment of assessments.
- NRS 616C.270 Employers to notify Administrator when injured employee receives medical services.
- NRS 616C.275 Change of physicians, chiropractors or other requirements; cost of change borne by insurer; cause of action of injured employee assigned to private carrier.
- NRS 616C.280 Withdrawal of approval for employer to provide accident benefits: Grounds supporting withdrawal.
- NRS 616C.285 Withdrawal of approval for employer to provide accident benefits: Request for hearing; notice of decision. CONTESTED CLAIMS
- NRS 616C.295 Duties of Chief of Hearings Division: Adoption of regulations establishing codes of conduct for hearing officers and appeals officers, standards for initial training and continuing education and qualifications for hearing officers; expediting of certain cases; annual report.
- NRS 616C.300 Hearing officers: Appointment; salary; disqualification from particular case.
- NRS 616C.305 Procedure for appeal of final determination of organization for managed care which has contracted with insurer.
- NRS 616C.310 Contested cases: Procedures; format; redaction of personal identifying information; representation of insurer or employer by legal counsel or other agent.
- NRS 616C.315 Request for hearing; forms for request to be provided by insurer; prerequisites to scheduling of hearing; expeditious and informal hearing required; direct submission to appeals officer.
- NRS 616C.320 Resolution of disputed decision of self-insured employer or employer who is member of association of self-insured public or private employers or insured by private carrier.
- NRS 616C.325 Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer; licensure of employer's representative; employer liable for representative's violations; compensation of employer's representative must not be contingent on outcome.
- NRS 616C.330 Date, time and place for hearing; evaluation of injured employee; powers and duties of hearing officer; issuance of decision; procedure for obtaining stay of decision.
- NRS 616C.335 Award of interest.
- NRS 616C.340 Appointment, term, qualifications and salary of appeals officers and special appeals officers; conflicts of interest; finality of decision by appeals officer.
- NRS 616C.345 Notice of appeal; notice of contested claim; prerequisites to scheduling of hearing on appeal; effect of appeal on enforcement of decision of hearing officer; setting of date, time and place for hearing on appeal; continuances.
- NRS 616C.350 Testimony of physician or chiropractor before appeals officer; privileged communications.
- NRS 616C.355 Use of affidavits or declarations as evidence at hearing; notice to opposing party; waiver of right to cross-examine affiant or declarant; effect of waiver.
- NRS 616C.360 Record of hearing before appeals officer; rules of evidence; evaluation of injured employee; submission to external review organization; powers and duties of appeals officer; transcripts; issuance of decision.
- NRS 616C.363 External review: Duties of external review organization; contents and submission of decision by organization; costs; regulations.
- NRS 616C.365 Reimbursement of employee's expenses incurred and wages lost as result of hearing requested by employer or insurer; regulations.
- NRS 616C.370 Judicial review.
- NRS 616C.375 Stay of decision of appeals officer.
- NRS 616C.380 Payment pending appeal when decision not stayed; effect of final resolution of claim.
- NRS 616C.385 Costs and attorney's fees for frivolous petitions for judicial review.
- NRS 616C.390 Reopening claim: General requirements and procedure; limitations; applicability.
- NRS 616C.392 Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability. COMPENSATION FOR INJURIES AND DEATH General Provisions
- NRS 616C.400 Minimum duration of incapacity.
- NRS 616C.405 Limitations on benefits received by employee.
- NRS 616C.408 Restrictive endorsements on checks issued by insurers.
- NRS 616C.409 Direct deposit of compensation.
- NRS 616C.410 Prohibition of settlements paid in lump sum; exceptions.
- NRS 616C.412 Purchase of annuity by insurer to ensure payment of claim; adoption of regulations by Commissioner.
- NRS 616C.415 Written explanation of alternative settlements to be given to employee or dependents.
- NRS 616C.420 Method of determining average monthly wage.
- NRS 616C.425 Date of determination of amount of compensation and benefits.
- NRS 616C.427 Challenge to determination of average monthly wage; remedy for incorrect average monthly wage.
- NRS 616C.430 Reduction of compensation by amount of federal disability insurance benefits received by employee. [Repealed.] Permanent Total Disability
- NRS 616C.435 Injuries deemed total and permanent.
- NRS 616C.440 Amount and duration of compensation; limitations; effect of previous award of compensation.
- NRS 616C.445 Recipient of compensation to report annual earnings; payments suspended if report not made.
- NRS 616C.447 Insurer required to make certain accountings to injured employee who is entitled to compensation for permanent total disability; additional accountings may be requested by injured employee.
- NRS 616C.450 Compensation to injured employee or dependents of injured employee for permanent total disability or death benefit if injury or occupational disease occurred before July 1, 1980.
- NRS 616C.453 Additional annual payment to certain claimants and dependents of claimants who are entitled to receive compensation for permanent total disability; adoption of regulations to determine amount of payment.
- NRS 616C.455 Increase in benefits for permanent total disability incurred before April 9, 1971.
- NRS 616C.460 Additional increase in benefits for permanent total disability incurred before July 1, 1973.
- NRS 616C.465 Increase in benefits for permanent total disability incurred on or after April 9, 1971, or for claimant or dependent not entitled to benefits for disability from federal social security system.
- NRS 616C.470 Increase in benefits for permanent total disability if claimant is entitled to benefits for disability from federal social security system.
- NRS 616C.473 Annual increase in benefits for permanent total disability incurred on or after January 1, 2004. Temporary Total Disability
- NRS 616C.475 Amount and duration of compensation; limitations; requirements for certification of disability; offer of light-duty employment.
- NRS 616C.477 Compensation for lost wages incurred by employee who receives medical treatment after returning to work; prohibition against employer requiring employee to use personal leave for such treatment.
- NRS 616C.480 Reduction of benefits for previous injury causing permanent partial disability prohibited. Permanent and Temporary Partial Disabilities
- NRS 616C.485 Permanent partial disability: Loss of or permanent damage to teeth.
- NRS 616C.490 Permanent partial disability: Compensation.
- NRS 616C.495 Permanent partial disability: Payments in lump sum.
- NRS 616C.500 Temporary partial disability: Compensation. Death Benefits
- NRS 616C.505 Amount and duration of compensation.
- NRS 616C.507 Duration of compensation for surviving spouse of police officer or firefighter. [Repealed.]
- NRS 616C.510 Increased death benefits if injury or disablement occurred before July 1, 1973.
- NRS 616C.515 Additional increase in death benefits if injury or disablement occurred before July 1, 1973.
- NRS 616C.520 Increased death benefits if injury or disablement occurred on or after July 1, 1973. VOCATIONAL REHABILITATION
- NRS 616C.530 Priorities for returning injured employee to work.
- NRS 616C.540 Supervision, ratio and review of uncertified counselors; knowledge of labor market required.
- NRS 616C.542 Prohibiting vocational rehabilitation counselor employed by entity administering injured employee's case from providing services to injured employee without provision of certain written disclosures; right of injured employee to be assigned alternate counselor.
- NRS 616C.543 Prohibited acts of vocational rehabilitation counselor.
- NRS 616C.545 Duty of insurer to determine physical limitations on injured employee's ability to work.
- NRS 616C.547 General duties of vocational rehabilitation counselor.
- NRS 616C.550 Written assessment of injured employee.
- NRS 616C.555 Plan for program of vocational rehabilitation.
- NRS 616C.560 Extension of program for vocational rehabilitation.
- NRS 616C.570 On-the-job training as component of plan for program of vocational rehabilitation.
- NRS 616C.575 Payment of vocational rehabilitation maintenance.
- NRS 616C.580 Provision of services outside of State; limited lump-sum payment in lieu of services.
- NRS 616C.585 Limit on goods and services which may be provided; exceptions.
- NRS 616C.590 Eligibility for services; effect of incarceration; effect of refusing services offered by insurer; effect of inability of insurer to locate injured employee.
- NRS 616C.595 Agreements for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.
- NRS 616C.597 Response to request for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.
- NRS 616C.600 Orders for self-employment or payment of compensation in lump sum for vocational rehabilitation prohibited; agreements concerning self-employment authorized. CATASTROPHIC INJURIES
- NRS 616C.700 Duties of insurer who accepts a claim for catastrophic injury; life care plan; regulations.
- NRS 616C.710 Rescission or revision of determination of catastrophic injury.
- NRS 616C.720 Requirements for adjuster who administers claim for catastrophic injury; regulations.
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