reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.392 - Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability.

1. An insurer shall reopen a claim to consider the payment of compensation for a permanent partial disability if:
(a) The claim was closed and the claimant was not scheduled for an evaluation of the injury in accordance with NRS 616C.490;
(b) The claimant demonstrates by a preponderance of the evidence that, at the time that the case was closed, the claimant was, because of the injury, qualified to be scheduled for an evaluation for a permanent partial disability; and
(c) The insurer has violated a provision of NRS 616D.120 with regard to the claim.
2. The demonstration required pursuant to paragraph (b) of subsection 1 must be made with documentation that existed at the time that the case was closed.
3. Notwithstanding any specific statutory provision to the contrary, the consideration of whether a claimant is entitled to payment of compensation for a permanent partial disability for a claim that is reopened pursuant to this section must be made in accordance with the provisions of the applicable statutory and regulatory provisions that existed on the date on which the claim was closed, including, without limitation, using the edition of the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
as adopted by the Division pursuant to NRS 616C.110 that was applicable on the date the claim was closed.
(Added to NRS by 2005, 1491)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.400 - Minimum duration of incapacity; exceptions.

1. Temporary compensation benefits must not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation must then be computed from the date of the injury.
2. The period prescribed in this section does not apply to:
(a) Accident benefits, whether they are furnished pursuant to NRS 616C.255 or 616C.265, if the injured employee is otherwise covered by the provisions of chapters 616A to 616D, inclusive, of NRS and entitled to those benefits.
(b) Compensation paid to the injured employee pursuant to subsection 1 of NRS 616C.477.
(c) A claim which is filed pursuant to NRS 617.453, 617.455 or 617.457.
(d) A claim to which subsection 4 or 5 of NRS 616C.180 applies.
[69:168:1947; 1943 NCL § 2680.69]—(NRS A 1975, 254; 1987, 922; 2005, 101; 2017, 3891; 2019, 1902)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.405 - Limitations on benefits received by employee.

Except as otherwise provided in subsection 5 of NRS 616C.440, an employee who is receiving compensation for:
1. A permanent total disability is not entitled to compensation for permanent partial disability during the period when the employee is receiving compensation for the permanent total disability.
2. A temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability.
3. A temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability.
(Added to NRS by 1983, 431; A 1995, 2159; 2021, 1981)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.408 - Restrictive endorsements on checks issued by insurers.

1. An insurer shall not issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of permanent total disability benefits that includes a restrictive endorsement.
2. An insurer may issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of temporary total disability, temporary partial disability, permanent partial disability, rehabilitation maintenance benefits or compensation paid pursuant to subsection 1 of NRS 616C.477 that includes a restrictive endorsement.
3. If an insurer issues a check that includes a restrictive endorsement pursuant to subsection 2, the restrictive endorsement must:
(a) Clearly and accurately state the restrictive conditions; and
(b) Not provide for any condition or restriction not authorized under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
(Added to NRS by 2003, 1247; A 2005, 101)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.409 - Direct deposit of compensation.

1. Each employee or dependent of an employee who receives compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a permanent total disability, death or a permanent partial disability that was not paid in a lump sum pursuant to NRS 616C.495 may submit to the insurer or third-party administrator who pays the compensation a written notice directing the insurer or third-party administrator to deposit the compensation directly into the account of the employee or dependent specified by the employee or dependent in the written notice.
2. If an insurer or third-party administrator receives a written notice from an employee or dependent of an employee pursuant to subsection 1, the insurer or third-party administrator shall, in lieu of issuing a check, deposit the compensation paid by the insurer or third-party administrator directly into the account specified by the employee or dependent in the written notice.
(Added to NRS by 2007, 399)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.410 - Prohibition of settlements paid in lump sum; exceptions.

Except as otherwise provided by NRS 616C.380, 616C.427, 616C.495, 616C.505, 616C.580 and 616C.595, the insurer shall not make or allow any lump-sum settlements.
[65:168:1947; A 1949, 659; 1943 NCL § 2680.65]—(NRS A 1959, 204; 1966, 48; 1967, 691; 1971, 320; 1973, 535; 1975, 607; 1981, 1172, 1497; 1983, 430, 646; 1987, 1466; 1989, 688; 1991, 2426; 1993, 754; 2007, 3356)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.412 - Purchase of annuity by insurer to ensure payment of claim; adoption of regulations by Commissioner.

1. An insurer may purchase an annuity to ensure the payment of a claim filed with the insurer pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
2. The Commissioner shall adopt such regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1997, 1425)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.415 - Written explanation of alternative settlements to be given to employee or dependents.

1. Every injured employee, widow, widower or dependent, within the provisions of chapters 616A to 616D, inclusive, of NRS, is entitled to receive from a qualified employee of the insurer an explanation of the various alternatives implicit in lump-sum compensation or other settlement pursuant to those chapters and the long-range effects of a determination made as to one or the other kind of settlement.
2. The insurer shall provide a written explanation of the alternatives pursuant to subsection 1.
3. Upon selecting an alternative, the injured employee, widow, widower or dependent shall provide his or her selection in writing to the insurer.
(Added to NRS by 1971, 770; A 1981, 1497; 1991, 2426)—(Substituted in revision for NRS 616.623)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.425 - Date of determination of amount of compensation and benefits.

Except as otherwise provided by a specific statute:
1. The amount of compensation and benefits and the person or persons entitled thereto must be determined as of the date of the accident or injury to the employee, and their rights thereto become fixed as of that date.
2. If the employee incurs a subsequent injury or disability that primarily arises from a previous accident or injury that arose out of and in the course of his or her employment, the date of the previous accident or injury must be used to determine the amount of compensation and benefits to which the claimant is entitled.
[Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1961, 278; 1963, 1146; 1971, 321; 1981, 1226; 1985, 1461; 1993, 754; 1995, 2160)—(Substituted in revision for NRS 616.625)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.427 - Challenge to determination of average monthly wage; remedy for incorrect average monthly wage.

1. Notwithstanding the provisions of subsection 3 of NRS 616C.315 and except as otherwise provided in this section, if an injured employee is receiving compensation based on a calculation of the average monthly wage of the injured employee as determined pursuant to the regulations adopted by the Administrator pursuant to NRS 616C.420, the injured employee or the employer may request a hearing before a hearing officer pursuant to the provisions of NRS 616C.315 to 616C.385, inclusive, asking for a recalculation of the average monthly wage of the injured employee.
2. The injured employee is entitled to have his or her average monthly wage recalculated if the injured employee proves by a preponderance of the evidence that the insurer calculated the average monthly wage improperly or incorrectly as a result of:
(a) The use of any improper or incorrect information or methodology;
(b) The failure to use any proper or correct information or methodology;
(c) Any error of law or fact; or
(d) Any other error, omission, neglect or wrongful act.
3. If the injured employee proves that the insurer calculated his or her average monthly wage improperly or incorrectly, resulting in an underpayment of compensation:
(a) The insurer shall:
(1) Increase the injured employee’s future compensation based on the correct average monthly wage; and
(2) Pay the injured employee a lump sum in an amount equal to the underpayment of compensation for the period during which the insurer was using the incorrect average monthly wage; and
(b) The remedy provided in paragraph (a) is the sole remedy for the underpayment and the insurer is not subject to the imposition of any fine or benefit penalty therefor.
4. If the hearing officer determines that the calculation of the average monthly wage resulted in an overpayment of compensation, the insurer may require the injured employee to repay to the insurer an amount equal to the overpayment received by the injured employee during any one 30-day period.
5. The average monthly wage of an injured employee may not be challenged by the insurer, the employer or the injured employee after the date on which any portion of an award for permanent partial disability is paid or the claim closes, whichever occurs first.
6. The provisions of this section do not apply if the issue of the average monthly wage of the injured employee was previously adjudicated to a final decision in:
(a) A hearing before a hearing officer or appeals officer pursuant to the provisions of NRS 616C.315 to 616C.385, inclusive; or
(b) Any proceedings for judicial review.
(Added to NRS by 2007, 3342)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.435 - Injuries deemed total and permanent.

1. In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent:
(a) The total and permanent loss of sight of both eyes.
(b) The loss by separation of both legs at or above the knee.
(c) The loss by separation of both arms at or above the elbow.
(d) An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.
(e) An injury to the skull resulting in incurable imbecility or insanity.
(f) The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee.
2. The enumeration in subsection 1 is not exclusive, and in all other cases permanent total disability must be determined by the insurer in accordance with the facts presented.
[60:168:1947; 1943 NCL § 2680.60]—(NRS A 1981, 1492)—(Substituted in revision for NRS 616.575)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.445 - Recipient of compensation to report annual earnings; payments suspended if report not made.

Each former employee receiving benefits for a permanent total disability shall report annually on the anniversary date of the award to the insurer all of the former employee’s employment for the prior 12-month period. In the event the former employee fails to make the report to the insurer within 30 days following the anniversary date, the insurer shall notify the employer and the employee that the report has not been received and the insurer may then order any further payments suspended until the report of employment is filed with the insurer.
(Added to NRS by 1973, 598; A 1979, 1057; 1981, 1170, 1493)—(Substituted in revision for NRS 616.583)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › 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.

1. An insurer that makes payments of compensation to an injured employee for a permanent total disability shall provide to the injured employee an annual accounting in the form of a letter that sets forth with respect to the payments:
(a) The total amount of the compensation for the permanent total disability that the injured employee is entitled to receive, before any deductions are made;
(b) The net amount of the current payment for the compensation;
(c) The amount of any deduction that is made against the total amount of the compensation, if any; and
(d) If a deduction is being made against the total amount of the compensation to repay any previous awards of compensation for a permanent partial disability:
(1) The amount of the deduction;
(2) The claim number for each of those awards; and
(3) The balance of each of those awards.
2. An injured employee may request in writing from the insurer an accounting described in subsection 1. The accounting must cover the period from the date on which the most recent annual accounting was provided to the injured employee pursuant to subsection 1 to the date on which the written request is made. The insurer shall provide the accounting to the injured employee not later than 30 days after receiving the written request for the accounting from the injured employee. Any accounting provided by an insurer to an injured employee pursuant to this subsection must be provided in addition to, and not in lieu of, the annual accountings required pursuant to subsection 1.
(Added to NRS by 2005, 1490)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › 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.

1. An injured employee or the dependents of an injured employee who are entitled to receive compensation for a permanent total disability pursuant to NRS 616C.440 or a death benefit pursuant to NRS 616C.505 for an industrial injury or occupational disease which occurred before July 1, 1980, are entitled to receive compensation of not less than $600 each month. If the compensation is to be received by the dependents of an injured employee, it must be divided amongst them as provided in chapters 616A to 616D, inclusive, of NRS.
2. A self-insured employer or an association of self-insured public or private employers shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer or association.
3. A person who is entitled to receive an increase in his or her monthly compensation pursuant to subsection 1 is not required to accept that increase.
4. The Administrator shall adopt regulations to carry out the provisions of this section.
(Added to NRS by 1991, 1946; A 1993, 754, 2444, 2454; 1995, 2160)—(Substituted in revision for NRS 616.6283)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.455 - Increase in benefits for permanent total disability incurred before April 9, 1971.

1. Any claimant or dependent of a claimant who resides in this State and receives compensation for a permanent total disability caused by an industrial injury or a disablement from an occupational disease which occurred before April 9, 1971, is entitled to a 65 percent increase in that compensation, without regard to any limitation on wages imposed by chapters 616A to 616D, inclusive, of NRS on the amount of that compensation.
2. The increase must be paid from the account for pensions for silicosis, diseases related to asbestos and other disabilities.
(Added to NRS by 1973, 538; A 1975, 823; 1979, 1520; 1981, 1226; 1985, 723; 1987, 589; 1991, 1802)—(Substituted in revision for NRS 616.626)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.460 - Additional increase in benefits for permanent total disability incurred before July 1, 1973.

Any claimant or dependent of a claimant who resides in this State and who receives compensation pursuant to chapters 616A to 616D, inclusive, of NRS for a permanent total disability for an injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in that compensation without regard to any limitation on wages imposed by those chapters on the amount of that compensation.
(Added to NRS by 1985, 1460)—(Substituted in revision for NRS 616.6261)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › 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.

1. Any claimant or dependent of a claimant who is receiving compensation pursuant to chapters 616A to 616D, inclusive, of NRS for a permanent total disability but is not entitled:
(a) To an increase in that compensation pursuant to NRS 616C.455; or
(b) To any disability income benefits from the federal social security system,
is entitled to an increase in that compensation by the same percentage as the increase in the state average monthly wage from the date of the claimant’s disabling accident or disease or from July 1, 1973, whichever is later, to July 1, 1980.
2. The increase provided by this section must not be paid for any period before July 1, 1981.
(Added to NRS by 1981, 1224)—(Substituted in revision for NRS 616.6262)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.470 - Increase in benefits for permanent total disability if claimant is entitled to benefits for disability from federal social security system.

1. Any claimant who is not entitled to an increase pursuant to NRS 616C.465 and who receives less in disability benefits from the federal social security system and pursuant to chapters 616A to 616D, inclusive, of NRS, combined, than an amount equal to 80 percent of average current earnings established pursuant to section 224 of the Social Security Act, as amended (42 U.S.C. § 424a), is entitled to an increase in his or her compensation for a permanent total disability of:
(a) The increase provided pursuant to NRS 616C.465; or
(b) The difference between the amount of benefits the claimant is receiving and 80 percent of the average current earnings,
whichever is less.
2. The increase provided by this section must not be paid for any period before July 1, 1981.
(Added to NRS by 1981, 1224)—(Substituted in revision for NRS 616.6264)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.473 - Annual increase in benefits for permanent total disability.

1. If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurs on or after January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this subsection:
(a) On January 1 of the year immediately after the year in which the claimant or dependent becomes entitled to receive that compensation; and
(b) On January 1 of each successive year after the year specified in paragraph (a) in which the claimant or dependent is entitled to receive that compensation.
2. If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurred before January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this subsection:
(a) On January 1, 2020; and
(b) On January 1 of each year thereafter.
3. Any increase in compensation provided pursuant to this section is in addition to any increase in compensation to which a claimant or a dependent of a claimant is otherwise entitled by law.
(Added to NRS by 2003, 490; A 2019, 3438)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › 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.

1. Except as otherwise provided in subsection 2, in addition to any other benefits an injured employee is entitled to receive pursuant to chapters 616A to 617, inclusive, of NRS, an injured employee who, as a result of his or her injury, qualified for benefits for a temporary total disability pursuant to NRS 616C.475 and who receives medical treatment for that injury after the injured employee returns to work is entitled to compensation pursuant to this subsection for each hour the injured employee is absent from the place of employment of the responsible employer to receive such medical treatment if the injured employee is required to travel more than 50 miles one way from the place of employment to receive such medical treatment. An injured employee must be paid compensation pursuant to this subsection at a rate equal to the compensation paid pursuant to NRS 616C.475 for a temporary total disability. Such compensation must be calculated based on increments of 4 hours or 8 hours.
2. The provisions of subsection 1 do not apply to an injured employee who is paid his or her regular hourly rate of pay by his or her employer for each hour the injured employee is absent from the place of employment to receive such medical treatment.
3. An employer may not require an injured employee to use sick leave, annual leave, compensatory leave or any other personal leave for the injured employee’s absence from the place of employment to receive medical treatment for the injury after the injured employee returns to work. The provisions of this subsection apply whether the injured employee is being paid compensation pursuant to subsection 1 or the injured employee’s regular hourly rate of pay pursuant to subsection 2.
4. The Administrator shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations which establish:
(a) The documentation which an injured employee or employer is required to submit for the payment of compensation to the injured employee pursuant to subsection 1;
(b) The method for determining the amount of compensation to be paid to the injured employee pursuant to subsection 1; and
(c) A definition of "place of employment" as that term is used in this section.
(Added to NRS by 2005, 99)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.480 - Reduction of benefits for previous injury causing permanent partial disability prohibited.

If an employee who has received compensation in a lump sum for a permanent partial disability is subsequently injured by an accident arising out of and in the course of his or her employment and is thereby entitled to receive compensation for a temporary total disability, the compensation for the subsequent injury may not be reduced because of the receipt of the lump-sum payment if the subsequent injury is distinct from the previous injury.
(Added to NRS by 1983, 647)—(Substituted in revision for NRS 616.587)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.485 - Permanent partial disability: Loss of or permanent damage to teeth.

The Administrator shall adopt, by regulation, a schedule which, in the judgment of the Administrator, is best calculated to compensate fairly and adequately an injured employee for the loss of, or permanent damage to, a tooth. The Administrator shall review the schedule at least once every 2 years to ensure the fairness and adequateness of the schedule.
[Part 64:168:1947; A 1951, 485]—(NRS A 1989, 333)—(Substituted in revision for NRS 616.595)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.500 - Temporary partial disability: Compensation.

1. Except as otherwise provided in subsection 2 and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.
2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a temporary partial disability during the time the employee is incarcerated. The injured employee or his or her dependents are entitled to receive such benefits if the injured employee is released from incarceration during the period of disability specified in subsection 1 and the injured employee is certified as temporarily partially disabled by a physician or chiropractic physician.
[61:168:1947; A 1953, 292]—(NRS A 1967, 878; 1973, 533; 1993, 751; 1997, 3349)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.508 - Annual increase in death benefits.

1. Any widow, widower, surviving child or surviving dependent parent who is receiving death benefits pursuant to chapters 616A to 617, inclusive, of NRS on account of an industrial injury or a disablement from an occupational disease is entitled to an annual increase in those death benefits in the amount of 2.3 percent. The benefits must be increased pursuant to this section:
(a) On January 1, 2020; and
(b) On January 1 of each year thereafter.
2. Any increase in death benefits provided pursuant to this section is in addition to any increase in death benefits to which a widow, widower, surviving child or surviving dependent parent is otherwise entitled by law.
3. Any increase in death benefits pursuant to this section on account of an industrial injury or a disablement from an occupational disease that occurred on or after July 1, 2019, must be paid by insurers, including, without limitation, employers who provide accident benefits for injured employees pursuant to NRS 616C.265, without reimbursement from the Fund for Workers’ Compensation and Safety pursuant to NRS 616C.268.
(Added to NRS by 2019, 1469)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.510 - Increased death benefits if injury or disablement occurred before July 1, 1973.

1. Any widow, widower, surviving child or surviving dependent parent who resides in this State and who receives death benefits on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 65 percent increase in those benefits without regard to any limitation on wages imposed by chapters 616A to 616D, inclusive, of NRS on the amount of those benefits.
2. The increase must be paid from the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities.
(Added to NRS by 1973, 538; A 1975, 823; 1979, 1520; 1981, 1227; 1985, 723; 1987, 589; 1991, 1802)—(Substituted in revision for NRS 616.628)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.515 - Additional increase in death benefits if injury or disablement occurred before July 1, 1973.

Any widow, widower, surviving child or surviving dependent parent who resides in this State and who receives death benefits pursuant to chapters 616A to 616D, inclusive, of NRS on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in those benefits without regard to any limitation on wages imposed by those chapters on the amount of those benefits.
(Added to NRS by 1985, 1460)—(Substituted in revision for NRS 616.6281)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.520 - Increased death benefits if injury or disablement occurred on or after July 1, 1973.

1. Any widow, widower, surviving child or surviving dependent parent who is receiving death benefits pursuant to chapters 616A to 616D, inclusive, of NRS, but is not entitled to an increase in those death benefits pursuant to NRS 616C.510, is entitled to an increase in those death benefits by the same percentage as the increase in the state average monthly wage from the date of the fatal accident or death caused by occupational disease or from July 1, 1973, whichever is later, to July 1, 1980.
2. The increase provided by this section must not be paid for any period before July 1, 1981.
(Added to NRS by 1981, 1224)—(Substituted in revision for NRS 616.6282)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.530 - Priorities for returning injured employee to work.

An insurer shall adhere to the following priorities in returning an injured employee to work:
1. Return the injured employee to the job the injured employee had before his or her injury.
2. Return the injured employee to a job with the employer the injured employee worked for before his or her accident that accommodates any limitation imposed by the injury.
3. Return the injured employee to employment with another employer in a job that uses the injured employee’s existing skills.
4. Provide training for the injured employee while the injured employee is working in another vocation.
5. Provide formal training or education for the injured employee in another vocation.
(Added to NRS by 1991, 2396)—(Substituted in revision for NRS 616.378)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.540 - Supervision, ratio and review of uncertified counselors; knowledge of labor market required.

An insurer, or a private person or public agency providing vocational rehabilitation services to an insurer, shall:
1. Ensure that the work of a vocational rehabilitation counselor who is not certified is supervised and reviewed by a certified vocational rehabilitation counselor.
2. Employ at least one certified vocational rehabilitation counselor for every four vocational rehabilitation counselors that it employs who are not certified.
3. Employ vocational rehabilitation counselors who have knowledge of the labor market within the geographical area where the injured employee resides.
(Added to NRS by 1993, 664; A 1993, 797; 2005, 810)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.541 - Appointment of vocational rehabilitation counselor.

Where a written assessment is requested pursuant to NRS 616C.550 or where a plan for a program of vocational rehabilitation is required pursuant to NRS 616C.555, a vocational rehabilitation counselor must be appointed as follows:
1. The insurer and the injured employee or personal or legal representative of the injured employee shall agree on the selection of a vocational rehabilitation counselor.
2. If the insurer or injured employee or personal or legal representative of the injured employee are unable to agree on the appointment of a vocational rehabilitation counselor, the insurer shall submit a list of at least three vocational rehabilitation counselors who are employed by at least three different organizations or entities to the injured employee or personal or legal representative of the injured employee.
3. The injured employee or personal or legal representative of the injured employee shall select a vocational rehabilitation counselor from the list provided by the insurer pursuant to subsection 2 within 7 days after receiving the list provided by the insurer pursuant to subsection 2.
4. The vocational rehabilitation counselor that is selected by the injured employee or personal or legal representative of the injured employee pursuant to subsection 1 or 3 must be assigned to provide all vocational rehabilitation services for the claim pursuant to this section and NRS 616C.530 to 616C.600, inclusive.
5. After a vocational rehabilitation counselor is selected and assigned pursuant to this section, an injured employee or personal or legal representative of the injured employee may only rescind the selection of the vocational rehabilitation counselor with the consent of the insurer.
(Added to NRS by 2017, 1161; A 2021, 1198)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › 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.

1. If the employer of a vocational rehabilitation counselor is also the entity administering an injured employee’s case, the vocational rehabilitation counselor shall not provide services as a vocational rehabilitation counselor to the injured employee, including, without limitation, completing a written assessment pursuant to NRS 616C.550, unless, before the commencement of such services, the injured employee is provided with a written disclosure that:
(a) Discloses the relationship between the vocational rehabilitation counselor and the entity administering the injured employee’s case; and
(b) Informs the injured employee of his or her right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case.
2. After receiving the written disclosure required pursuant to subsection 1, the injured employee has a right to be assigned an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case. To be assigned an alternate vocational rehabilitation counselor, the injured employee must submit a written request to the entity administering the injured employee’s case before the commencement of vocational rehabilitation services. Not later than 10 days after receiving such a request, the entity administering the injured employee’s case shall assign the injured employee an alternate vocational rehabilitation counselor who is not affiliated with the entity administering the injured employee’s case.
(Added to NRS by 2005, 1491)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.543 - Prohibited acts of vocational rehabilitation counselor.

A vocational rehabilitation counselor shall not:
1. Offer payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services to an injured employee:
(a) Without providing written notice of the offer to the attorney for the injured employee; or
(b) If the injured employee is not represented by an attorney, without providing a written notice to the employee which satisfies the requirements of the notice required by paragraph (c) of subsection 3 of NRS 616C.595;
2. Offer any monetary payment to an injured employee in an amount that is less than the amount authorized by the insurer;
3. Make any false statement or implication that an injured employee must make a decision regarding vocational rehabilitation within a certain period of time;
4. Advise an insured or claimant not to seek legal counsel; or
5. Provide legal advice to a claimant.
(Added to NRS by 2007, 3343)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.545 - Duty of insurer to determine physical limitations on injured employee’s ability to work.

1. If an employee does not return to work for 28 consecutive calendar days as a result of an injury arising out of and in the course of his or her employment or an occupational disease, the insurer shall contact the treating physician, chiropractic physician, physician assistant or advanced practice registered nurse to determine whether:
(a) There are physical limitations on the injured employee’s ability to work; and
(b) The limitations, if any, are permanent or temporary.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
(Added to NRS by 1993, 664; A 2021, 1199)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.547 - General duties of vocational rehabilitation counselor.

1. The primary obligation of a vocational rehabilitation counselor is to the injured employee.
2. A vocational rehabilitation counselor shall not provide services as a vocational rehabilitation counselor, including, without limitation, completing a written assessment pursuant to NRS 616C.550, if the employer of the vocational rehabilitation counselor administers the case of the injured employee.
(Added to NRS by 2005, 810)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.560 - Extension of program for vocational rehabilitation.

1. A program for vocational rehabilitation developed pursuant to subsection 3 of NRS 616C.555 may be extended:
(a) Without condition or limitation, by the insurer at the insurer’s sole discretion; or
(b) By order of a hearing officer or appeals officer.
2. The insurer shall deliver a copy of its decision granting or denying an extension to the injured employee and the employer. The decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616C.315.
(Added to NRS by 1993, 666; A 1993, 2448; 1997, 1440; 1999, 1794; 2007, 3360; 2019, 3975)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.570 - On-the-job training as component of plan for program of vocational rehabilitation.

1. A plan for a program of vocational rehabilitation developed pursuant to NRS 616C.555 may include a program for on-the-job training, if the training is suitable for the injured employee.
2. Before an injured employee may participate in a program for on-the-job training, the insurer and the employer must execute a written agreement which contains an explanation of the training and a schedule for that training.
3. Except as otherwise provided in subsection 4, the insurer may pay not more than 50 percent of the wages of an injured employee who is participating in a program for on-the-job training. An insurer contributing toward the wages of an injured employee shall pay the employee within 10 days after the employee submits documentation of his or her payroll to the insurer. The insurer shall not contribute to the wages of the injured employee for more than the period authorized for the particular employee pursuant to subsection 3 of NRS 616C.555 or 616C.560.
4. The insurer shall, within 30 days after receipt of a request for payment, reimburse the training employer for the wages paid by the training employer to the injured employee pursuant to this section if:
(a) After the successful completion of the training, the training employer continues to employ the injured employee for at least 90 days in a position which requires the training so obtained; or
(b) The injured employee:
(1) Within 30 days after his or her successful completion of the training, obtains employment which requires the skills obtained by him or her as a direct result of the training provided by the training employer; and
(2) Retains that or similar employment for at least 6 months after the completion of the training.
(Added to NRS by 1993, 667; A 1993, 2449)—(Substituted in revision for NRS 616.51745)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.575 - Payment of vocational rehabilitation maintenance.

1. The Division shall, by regulation, prescribe when:
(a) Vocational rehabilitation maintenance must be paid to an injured employee; and
(b) Vocational rehabilitation maintenance must cease to be paid to an injured employee.
An injured employee must not receive vocational rehabilitation maintenance after the injured employee’s program of vocational rehabilitation ends pursuant to NRS 616C.555.
2. As used in this section, "vocational rehabilitation maintenance" means the amount of compensation paid to an injured employee while the injured employee is participating in a program of vocational rehabilitation developed pursuant to NRS 616C.555.
(Added to NRS by 1993, 668)—(Substituted in revision for NRS 616.5175)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.580 - Provision of services outside of State; limited lump-sum payment in lieu of services.

1. Except as otherwise provided in this section, vocational rehabilitation services must not be provided outside of this State.
2. An injured employee who:
(a) Resides outside of this State, within 50 miles from any border of this State, on the date of injury; or
(b) Was injured while temporarily employed in this State by an employer subject to the provisions of chapters 616A to 617, inclusive, of NRS who can demonstrate that, on the date of injury, his or her permanent residence was outside of this State,
may receive vocational rehabilitation services at a location within 50 miles from his or her residence if such services are available at such a location.
3. An injured employee who:
(a) Is eligible for vocational rehabilitation services pursuant to NRS 616C.590; and
(b) Resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection 2,
may execute a written agreement with the insurer which provides for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services pursuant to NRS 616C.595. The amount of the lump sum must not exceed $20,000.
4. An injured employee who resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection 2 may receive the vocational rehabilitation services to which the injured employee is entitled pursuant to NRS 616C.545 to 616C.575, inclusive, and 616C.590 if the injured employee relocates to:
(a) This State; or
(b) A location within 50 miles from any border of this State,
at his or her own expense, if such services are available at such a location.
5. An injured employee who resides in this State may receive vocational rehabilitation services outside of this State at a location within 50 miles from the residence of the injured employee if such services are available at such a location. An insurer may not unreasonably deny a request made by an injured employee pursuant to this subsection to receive vocational rehabilitation services outside of this State.
6. An injured employee may receive vocational rehabilitation services in any state that borders this State if the injured employee demonstrates that the services are available in a more cost-effective manner than are available in this State. Any vocational rehabilitation services provided pursuant to this subsection must be monitored by a vocational rehabilitation counselor in this State.
(Added to NRS by 1993, 668; A 1999, 1795; 2001, 1902; 2005, 209; 2007, 3361)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.585 - Limit on goods and services which may be provided; exceptions.

1. Except as otherwise provided in subsection 2, vocational rehabilitation services ordered by an insurer, a hearing officer or an appeals officer must not include the following goods and services:
(a) A motor vehicle.
(b) Repairs to an injured employee’s motor vehicle.
(c) Tools and equipment normally provided to the injured employee by his or her employer during the course of his or her employment.
(d) Care for the injured employee’s children.
2. An injured employee is entitled to receive the goods and services set forth in subsection 1 only if the insurer of the injured employee determines that such goods and services are reasonably necessary.
3. Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if:
(a) The priorities set forth in NRS 616C.530 for returning an injured employee to work are followed;
(b) The education is recommended by a plan for a program of vocational rehabilitation developed pursuant to NRS 616C.555; and
(c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer.
(Added to NRS by 1993, 668; A 1997, 1441)