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2019 Nevada Revised Statutes
Chapter 616C - Industrial Insurance: Benefits for Injuries or Death
REPORTS OF INJURIES AND CLAIMS FOR COMPENSATION
General Provisions
- 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. [Effective through December 31, 2019.]
- NRS 616C.050 - Information required to be provided by insurer to claimant. [Effective January 1, 2020.]
- 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. [Effective through December 31, 2019.]
- 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. [Effective January 1, 2020.]
- 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.
- NRS 616C.085 - Duties of employer when employee injured: First aid; reimbursement.
- NRS 616C.087 - Selection of physician or chiropractor: Legislative declaration regarding rights of injured employee; requirements for lists maintained and updated by Administrator and insurer; duties of Administrator; removal of physician or chiropractor from list; continuation of treatment with same physician or chiropractor under certain circumstances. [Effective January 1, 2020.]
- 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. [Effective through December 31, 2019.]
- NRS 616C.090 - Selection of physician or chiropractor: Establishment, maintenance and update of panel of physicians and chiropractors; powers and duties of Administrator; selection and alternate selection from established panel or pursuant to contract; responsibility for charges not in compliance with provisions or related to improper treatments. [Effective January 1, 2020.]
- NRS 616C.095 - Duty of physician or chiropractor to advise injured employee of rights.
- NRS 616C.098 - Use by physician or chiropractor of certain phrases relating to causation of industrial injury or occupational disease.
- 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.117 - Prescription of drugs dispensed directly to injured employee; limitations.
- 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; reimbursement from 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.
- NRS 616C.145 - Independent medical examination of claimant; limitations; payment by insurer; applicability.
- 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; agency which employs first responder required to provide training related to mental health issues.
- 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; collection.
- NRS 616C.223 - Application for entry of summary judgment: Conditions; notice to employer; filing requirements; entry of judgment; service of judgment; recordation of judgment; lien upon property of employer; extension of lien.
- 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 total disability because of discharge for misconduct.
- NRS 616C.235 - Closure of claim by insurer: Procedure; notice; special procedure if medical benefits less than $800.
- 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. [Effective through December 31, 2019.]
- NRS 616C.260 - Fees and charges for accident benefits: Restrictions; establishment and revision of schedule; powers and duties of Administrator; administrative penalty for refusal to provide information; regulations. [Effective January 1, 2020.]
- NRS 616C.265 - Election by employer to provide accident benefits; reporting requirements; payment of assessments.
- NRS 616C.266 - Insurer entitled to reimbursement for payment of annual increase in compensation for permanent total disability; required proof of payment; reimbursement from income from Uninsured Employers’ Claim Account; reimbursement may be applied towards current or future assessment.
- NRS 616C.268 - Insurer entitled to reimbursement for payment of increase in death benefits; required proof of payment; reimbursement may be applied towards current or future assessment.
- 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.
- 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; deemed civil officers of this State; conflicts of interest; removal; 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 independent review organization; powers and duties of appeals officer; transcripts; issuance of decision.
- NRS 616C.363 - External review: Duties of independent 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.
General Provisions
- NRS 616C.400 - Minimum duration of incapacity; exceptions.
- 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.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.
- NRS 616C.475 - Amount and duration of compensation; limitations; requirements for certification of disability; offer of light-duty employment. [Effective through December 31, 2019.]
- NRS 616C.475 - Amount and duration of compensation; limitations; cessation of payments; requirements for certification of disability; offer of light-duty employment. [Effective January 1, 2020.]
- 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.
- NRS 616C.485 - Permanent partial disability: Loss of or permanent damage to teeth.
- NRS 616C.490 - Permanent partial disability: Compensation. [Effective through December 31, 2019.]
- NRS 616C.490 - Permanent partial disability: Compensation; selection of and evaluation by rating physician or chiropractor. [Effective January 1, 2020.]
- NRS 616C.495 - Permanent partial disability: Payments in lump sum. [Effective through December 31, 2019.]
- NRS 616C.495 - Permanent partial disability: Payments in lump sum. [Effective January 1, 2020.]
- NRS 616C.500 - Temporary partial disability: Compensation.
- NRS 616C.505 - Amount and duration of compensation.
- NRS 616C.508 - Annual increase in death benefits.
- 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.
- 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.541 - Appointment of vocational rehabilitation counselor.
- 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; regulations.
- 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.
- NRS 616C.700 - Duties of insurer who accepts a claim for catastrophic injury; life care plan.
- NRS 616C.703 - Injured employee may request insurer to administer claim as for catastrophic injury; insurer to issue determination.
- NRS 616C.707 - Insurer to designate claim as for catastrophic injury if injury later satisfies requirements for catastrophic injury.
- NRS 616C.710 - Rescission or revision of determination of catastrophic injury.
- NRS 616C.720 - Requirements for adjuster who administers claim for catastrophic injury.
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