2019 Nevada Revised Statutes
Chapter 616C - Industrial Insurance: Benefits for Injuries or Death
NRS 616C.145 - Independent medical examination of claimant; limitations; payment by insurer; applicability.
1. An injured employee may obtain an independent medical examination:
(a) Except as otherwise provided in subsections 2 and 3, whenever a dispute arises from a determination issued by the insurer regarding the approval of care, the direction of a treatment plan or the scope of the claim;
(b) Within 30 days after an injured employee receives any report generated pursuant to a medical examination requested by the insurer pursuant to NRS 616C.140; or
(c) At any time by leave of a hearing officer or appeals officer after the denial of any therapy or treatment.
2. An injured employee is entitled to an independent medical examination pursuant to paragraph (a) of subsection 1 only:
(a) For a claim for compensation that is open;
(b) When the closure of a claim for compensation is under dispute pursuant to NRS 616C.235; or
(c) When a hearing or appeal is pending pursuant to NRS 616C.330 or 616C.360.
3. An injured employee is entitled to only one independent medical examination per calendar year pursuant to paragraph (a) of subsection 1.
4. Except as otherwise provided in subsection 5, an independent medical examination must not involve treatment and must be conducted by a physician or chiropractor selected by the injured employee from the panel of physicians and chiropractors established pursuant to subsection 1 of NRS 616C.090.
5. If the dispute concerns the rating of a permanent disability, an independent medical examination may be conducted by a rating physician or chiropractor. The injured employee must select the next rating physician or chiropractor in rotation from the list of qualified physicians and chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor.
6. The insurer shall:
(a) Pay the costs of any independent medical examination conducted pursuant to this section in accordance with NRS 616C.260; and
(b) Upon request, receive a copy of any report or other document that is generated as a result of the independent medical examination.
7. The provisions of this section do not apply to an independent medical examination ordered by a hearing officer pursuant to subsection 3 of NRS 616C.330 or by an appeals officer pursuant to subsection 3 of NRS 616C.360.
(Added to NRS by 2017, 1160)
