reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.370 - False charges, representations and statements; penalty.

1. A person shall not, by any act or omission:
(a) Make a charge or cause it to be made knowing the charge to be false, in whole or in part;
(b) Make or cause to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part; or
(c) Make or cause to be made a statement or representation for use by another person to obtain accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part.
2. A person who violates any of the provisions of this section shall be punished:
(a) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
(b) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was less than $650, for a misdemeanor, and must be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor.
(Added to NRS by 1993, 681; A 1995, 1308; 2011, 178)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.380 - Invoices containing false information; signature required; presumption.

1. Each invoice for payment for accident benefits provided to an injured employee must:
(a) Contain a statement that all matters stated therein are true and accurate; and
(b) Be signed by a natural person who is the provider of health care or is authorized to act for the provider of health care.
2. A person who, by any act or omission, signs or submits, or causes to be signed or submitted, the statement required by subsection 1, knowing that the invoice contains information which is false, in whole or in part, is guilty of a gross misdemeanor.
3. For the purposes of this section, a person who signs on behalf of a provider of health care is presumed to have the authorization of the provider of health care and to be acting at the direction of the provider of health care.
4. As used in this section, to "sign" means to affix a signature directly or indirectly by means of handwriting, a typewriter, a stamp, a computer impulse or other means.
(Added to NRS by 1993, 681)—(Substituted in revision for NRS 616.679)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.390 - Certain acts relating to offer, payment, transfer, acceptance or solicitation of additional value prohibited; improper use of referral fees; exceptions; penalty.

1. Except as otherwise provided in subsection 2, a person shall not:
(a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;
(b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or
(c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral.
2. Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:
(a) A refund or discount made in the ordinary course of business;
(b) Reflected by the books and records of the person transferring or receiving it; and
(c) Reflected in the charges submitted to the insurer.
3. A provider of health care shall not offer, transfer or pay anything of value in connection with or in return for the referral to the provider of a patient for whom payment of accident benefits may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
4. A person shall not, while acting on behalf of a provider of health care pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to any of those chapters in connection with the provision of the accident benefits.
5. A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:
(a) Is less than $650, is guilty of a gross misdemeanor.
(b) Is $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1993, 682; A 1995, 1308; 1997, 3223; 2011, 178)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.400 - Failure to maintain and make available necessary records; penalty.

1. A person who, upon submitting a charge for or upon receiving payment for accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, intentionally fails to maintain such records as are necessary to disclose fully the nature of the accident benefits for which a charge was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received, is guilty of a gross misdemeanor.
2. A person who fails to make such records available to the Attorney General or the Administrator upon reasonable request is guilty of a gross misdemeanor.
3. A person who intentionally destroys such records within 5 years after the date payment was received is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1993, 682; A 1995, 1309; 1999, 1801)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.410 - Conspiracy to commit prohibited acts.

Any person who conspires with any other person to violate:
1. Any of the provisions of NRS 616D.200 is guilty of a misdemeanor.
2. Any of the provisions of NRS 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, is guilty of a gross misdemeanor.
(Added to NRS by 1993, 684; A 1997, 3224)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.415 - Fraud; conspiracy to commit fraud; penalty.

1. An employer who knowingly makes a false statement or representation or knowingly conceals a material fact regarding the eligibility of a person claiming benefits under this chapter or chapter 616A, 616B, 616C or 617 of NRS, including, without limitation, information relating to:
(a) The identity of the person; or
(b) The classification of the person as an independent contractor,
commits fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS, as applicable.
2. An employer who commits fraud as described in subsection 1 shall be punished as follows:
(a) If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.
(b) If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.
3. Any person who conspires with any other person to commit fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of compensation required by chapters 616A to 617, inclusive, of NRS as described in subsection 1 shall be punished as follows:
(a) If the amount of the benefit or payment obtained or attempted to be obtained was less than $250, for a misdemeanor.
(b) If the amount of the benefit or payment obtained or attempted to be obtained was $250 or more, for a category D felony as provided in NRS 193.130.
(Added to NRS by 2011, 841)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.420 - Provider of health care convicted of fraudulent practice prohibited from receiving or accepting payment for accident benefits; penalty.

1. No provider of health care who has been convicted of violating any provision of NRS 616D.370 to 616D.410, inclusive, may, for 5 years after the date of the first conviction or at any time after the date of a second or subsequent conviction, receive or accept a payment for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
2. A person who violates any provision of this section is guilty of a gross misdemeanor.
(Added to NRS by 1995, 1872)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.430 - Civil penalties for person who receives payment or benefit to which person is not entitled.

1. A person who receives a payment or benefit to which the person is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 is liable in a civil action commenced by the Attorney General for:
(a) An amount equal to three times the amount unlawfully obtained;
(b) Not less than $5,000 for each act of deception;
(c) An amount equal to three times the total amount of the reasonable expenses incurred by the State in enforcing this section; and
(d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made.
2. A criminal action need not be brought against a person who receives a payment or benefit to which the person is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 before civil liability attaches under this section.
3. A person who unknowingly accepts a payment in excess of the amount to which the person is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the person returned or attempted to return the amount which was in excess of that to which the person was entitled within a reasonable time after receiving it.
4. Any repayment of money collected pursuant to paragraph (a) or (d) of subsection 1 must be paid to the insurer who made the payment to the person who violated the provisions of this section. Any payment made to an insurer may not exceed the amount paid by the insurer to that person.
5. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund.
(Added to NRS by 1993, 683; A 1995, 1875; 1999, 1801)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.440 - False claim for payment: Withholding by insurer of payment to provider of health care; procedure for withholding; appeal.

1. An insurer may withhold any payment due a provider of health care pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, in whole or in part, upon receipt of reliable evidence that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment. The insurer may withhold such a payment without first notifying the provider of health care of its intention to do so.
2. The insurer shall, within 5 days after withholding such a payment, send notice of the withholding to the provider of health care by certified mail or electronic transmission. The notice must:
(a) Set forth the factual basis for the withholding, but need not disclose specific information regarding the insurer’s investigation;
(b) Indicate that the payment is being withheld pursuant to the provisions of this section;
(c) Indicate that the payment is being withheld temporarily, as set forth in subsection 4, and describe the circumstances under which the withholding will be terminated;
(d) Specify the charge submitted by the provider of health care for which the payment is being withheld; and
(e) Notify the provider of health care of the right of the provider of health care to appeal the withholding.
3. A provider of health care may appeal the decision of the insurer to withhold payment to an appeals officer pursuant to NRS 616C.360.
4. Any payment withheld pursuant to the provisions of this section must be made to the provider of health care if:
(a) The insurer or the Attorney General determines that there is insufficient evidence to prove that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment; or
(b) A final judgment or decree was rendered in favor of the provider of health care in a criminal proceeding arising out of the alleged misconduct.
(Added to NRS by 1993, 683; A 1997, 1444)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.550 - Duty to report violations to Fraud Control Unit for Industrial Insurance.

1. An insurer, organization for managed care, health care provider, employer, third-party administrator or public officer who believes, or has reason to believe, that:
(a) A fraudulent claim for benefits under a policy of insurance has been made, or is about to be made;
(b) An employer within the provisions of NRS 616B.633 has:
(1) Knowingly made a false statement or representation concerning the amount of payroll upon which a premium is based; or
(2) Failed to provide and secure compensation under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or has failed to maintain that compensation;
(c) A provider of health care has submitted an invoice for payment for accident benefits that contains information which the provider knows is false; or
(d) A person has committed any other fraudulent practice under this chapter or chapter 616A, 616B, 616C or 617 of NRS,
shall report that belief to the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420.
2. The Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 may require a person who submits a report pursuant to subsection 1 to submit that report on a form prescribed by the Unit.
(Added to NRS by 1997, 3218; A 1999, 230)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.560 - Duty of Administrator and Fraud Control Unit for Industrial Insurance to report and share information relating to violations.

The Administrator and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 shall establish procedures to ensure that:
1. The Administrator, in accordance with the established procedures, reports to the Unit violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, of which the Administrator becomes aware;
2. For the purposes of NRS 616D.120, the Unit notifies the Administrator in a timely manner whether the Unit will prosecute a person who has violated the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
3. The Administrator and the Unit share other information of which they are aware relating to violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive.
(Added to NRS by 1997, 3219; A 2011, 842)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.600 - Prosecution of criminal actions by Attorney General: Prosecution not precluded by commencement of civil action; duty to furnish information to assist in prosecution; penalty.

1. The Attorney General may prosecute all criminal actions for the violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive. The commencement of a civil action by the Attorney General pursuant to NRS 616D.230 or 616D.430 or for the recovery of any civil penalties, fines, fees or assessments imposed pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS does not preclude the prosecution of a criminal action by the Attorney General pursuant to this section.
2. Upon request, any person shall furnish to the Attorney General information which would assist in the prosecution of any person alleged to have violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive. Any person who fails to furnish such information upon request is guilty of a misdemeanor.
(Added to NRS by 1993, 684; A 1995, 1876; 2011, 842)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.610 - Inspection of employer’s books, records and payroll by Attorney General; subpoena; court order; penalty.

1. The books, records and payrolls of an employer pertinent to the investigation of a violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, or any fraud in the administration of this chapter or chapter 616A, 616B, 616C or 617 of NRS or in the provision of benefits for industrial insurance, must always be open to inspection by an investigator for the Attorney General for the purpose of ascertaining the correctness of such information and as may be necessary for the Attorney General to carry out his or her duties pursuant to NRS 228.420. If the books, records or payrolls are located outside this State, the employer shall make any records requested pursuant to this section available in this State for inspection within 10 working days after the request.
2. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an investigation conducted by the Fraud Control Unit for Industrial Insurance, the Attorney General may issue a subpoena to require the production of that document.
3. If an employer refuses to produce any document as required by the subpoena, the Attorney General may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of the production of the document;
(b) The employer has been subpoenaed by the Attorney General pursuant to this section; and
(c) The employer has failed or refused to produce the document required by the subpoena,
and asking for an order of the court compelling the employer to produce the document.
4. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the employer has not produced the document. A certified copy of the order must be served upon the employer.
5. If it appears to the court that the subpoena was regularly issued by the Attorney General, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.
(Added to NRS by 1993, 684; A 1995, 1876; 2011, 843)
2023 Nevada Revised Statutes › Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution › NRS 616D.620 - Penalty for certain violations; liability for costs of investigation and prosecution; contents of judgment of conviction; receipt of certain money by Attorney General to be used to pay salaries of Fraud Control Unit for Industrial Insurance.

1. If a person is convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, the person:
(a) Forfeits all rights to compensation under chapters 616A to 616D, inclusive, or chapter 617 of NRS after conviction for the offense; and
(b) Is liable for:
(1) The reasonable costs incurred by an insurer and the office of the Attorney General to investigate and act upon the violation;
(2) All costs incurred for the prosecution of the person by the court in which the conviction was obtained; and
(3) The payments or benefits fraudulently obtained under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
2. A judgment of conviction entered against the person must contain a provision which requires the person convicted to pay the costs of investigation and prosecution and the payments or benefits specified in subsection 1.
3. Any money received by the Attorney General pursuant to subparagraph (1) of paragraph (b) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund.
(Added to NRS by 1993, 685; A 1993, 2450; 1995, 1877; 2011, 843)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.015 - Rights and liabilities of employers and employees.

Every employee and the dependent or dependents of such employee and the employer or employers of such employee shall be entitled to all the applicable rights, benefits and immunities and shall be subject to all the applicable liabilities and regulations provided for injured employees and their employers by chapters 616A to 616D, inclusive, of NRS unless otherwise provided in this chapter.
[Part 41:44:1947; 1943 NCL § 2800.41]—(Substituted in revision for NRS 617.240)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.017 - Rights and remedies exclusive; provisions of chapter conclusive and obligatory; exclusive remedy extends to architects and engineers working for contractor; compensation bars recovery in other states.

1. The rights and remedies provided in this chapter on account of an occupational disease sustained by an employee, arising out of and in the course of the employment, are exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, the employee’s personal or legal representative, dependents or next of kin, at common law or otherwise, on account of the disease.
2. The terms, conditions and provisions of this chapter for the payment of compensation and the amount thereof for such diseases sustained or death resulting from such diseases are conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of this chapter.
3. The exclusive remedy provided by this section to a principal contractor extends, with respect to any occupational disease sustained by an employee of any contractor in the performance of the contract, to every architect or engineer who performs services for the contractor or any such beneficially interested persons.
4. If an employee receives any compensation or medical benefits under this chapter, the acceptance of the compensation or benefits is in lieu of any other compensation, award or recovery against his or her employer under the laws of any other state or jurisdiction and the employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.
[19:44:1947; 1943 NCL § 2800.19]—(NRS A 1983, 456)—(Substituted in revision for NRS 617.270)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.020 - Definitions.

Unless a different meaning is clearly indicated by the context, the definitions set forth in NRS 617.030 to 617.150, inclusive, and the definitions set forth in chapter 616A of NRS for additional terms and phrases govern the construction and meaning of the terms and phrases used in this chapter.
[3:44:1947; 1943 NCL § 2800.03] + [4:44:1947; 1943 NCL § 2800.04]—(NRS A 1975, 650; 1977, 188; 1987, 589)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.030 - "Casual" defined.

"Casual" refers only to employments where the work contemplated is to be completed in 20 working days or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of the work is less than $500.
[Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1981, 716; 1987, 923)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.050 - "Compensation" defined.

"Compensation" means the money which is payable to an employee or to the dependents of the employee as provided for in this chapter, and includes benefits for funerals, medical benefits and money for rehabilitative services.
[7:44:1947; 1943 NCL § 2800.07]—(NRS A 1987, 923)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.060 - "Disablement" and "total disablement" defined.

"Disablement" and "total disablement" are used interchangeably in this chapter and mean the event of becoming physically incapacitated by reason of an occupational disease arising out of and in the course of employment as defined in this chapter from engaging, for remuneration or profit, in any occupation for which he or she is or becomes reasonably fitted by education, training or experience.
[Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1973, 367; 1981, 716)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.065 - "Disease related to asbestos" defined.

"Disease related to asbestos" means any disease caused by the inhalation of the fibers of asbestos, including but not limited to:
1. Interstitial pulmonary fibrosis;
2. Mesothelioma; and
3. Bronchogenic, laryngeal, lymphatic or gastrointestinal carcinoma.
(Added to NRS by 1987, 589)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.070 - "Employee" and "worker" defined.

"Employee" and "worker" are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or 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 or private corporations while rendering actual service for such corporations for pay.
4. Volunteer firefighters entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145.
5. Musicians providing music for hire, including members of local supporting bands and orchestras commonly known as house bands.
6. Volunteer health practitioners, as defined in NRS 415A.180, who are providing health or veterinary services pursuant to chapter 415A of NRS and are entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 415A.280.
[10:44:1947; 1943 NCL § 2800.10]—(NRS A 1965, 368; 1967, 1370; 1975, 621, 1021; 1979, 949; 1987, 600; 2005, 343; 2011, 949)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.080 - "Employee": Persons excluded.

"Employee" excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his or her employer.
2. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
3. Any person engaged as a theatrical or stage performer or in an exhibition.
4. Musicians when their services are merely casual in nature and not lasting more than 2 consecutive days, and not recurring for the same employer, as in wedding receptions, private parties and similar miscellaneous engagements.
5. Any person performing services as a voluntary ski patroller who receives no compensation for his or her services other than meals, lodging, or use of the ski tow or lift facilities.
6. Any person who performs services as a sports official for a nominal fee at a sporting event that is amateur, intercollegiate or interscholastic and is sponsored by a public agency, public entity or private, nonprofit organization. As used in this subsection, "sports official" includes an umpire, referee, judge, scorekeeper, timekeeper or other person who is a neutral participant in a sporting event.
7. Any person who:
(a) Directly sells or solicits the sale of products, in person or by telephone:
(1) On the basis of a deposit, commission, purchase for resale or similar arrangement specified by the Administrator of the Division of Industrial Relations of the Department of Business and Industry by regulation, if the products are to be resold to another person in his or her home or place other than a retail store; or
(2) To another person from his or her home or place other than a retail store;
(b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that the person works; and
(c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that the person who performs the services is not an employee for the purposes of this chapter.
[Part 11:44:1947; 1943 NCL § 2800.11]—(NRS A 1975, 1021; 1979, 950; 1981, 716; 1997, 163; 2003, 1586)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.091 - "Employee": Lessees engaged in mining or operating a reduction plant.

Except as provided in subsection 2 of NRS 617.250, a lessee engaged in either mining or operating a reduction plant shall be deemed to be:
1. An employee of the lessor; and
2. For the purposes of this chapter, employed at the average wage paid to a miner employed regularly in the same locality.
(Added to NRS by 1987, 600)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.100 - "Employee": Subcontractors and employees.

1. Except as otherwise provided in NRS 617.175, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor for the purposes of this chapter.
2. This section does not affect the relationship between a principal contractor and a subcontractor or independent contractor for any purpose outside the scope of this chapter.
[16:44:1947:1943 NCL § 2800.16]—(NRS A 1981, 716; 1991, 2430)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.105 - "Employee": Real estate licensees.

Any real estate licensee doing business in this State and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $1,500 per month.
(Added to NRS by 1977, 928; A 1999, 1731)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.110 - "Employer" defined.

"Employer" means:
1. Except as otherwise provided in subsection 4 of NRS 617.210, the State and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed.
2. Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service any employee under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada Rural Housing Authority.
[Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981, 716; 1995, 819; 2001, 610)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.120 - "Independent contractor" defined.

"Independent contractor" means any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s work only and not as to the means by which such result is accomplished.
[12:44:1947; 1943 NCL § 2800.12]
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.130 - "Medical benefits" defined.

1. "Medical benefits" means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including prosthetic devices.
2. The term does not include:
(a) Exercise equipment, a hot tub or a spa for an employee’s home;
(b) Membership in an athletic or health club;
(c) Except as otherwise provided in NRS 617.385, a motor vehicle; or
(d) The costs of operating a motor vehicle provided pursuant to NRS 617.385, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.
[8:44:1947; 1943 NCL § 2800.08]—(NRS A 1993, 765)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.135 - "Police officer" defined.

"Police officer" includes:
1. A sheriff, deputy sheriff, officer of a metropolitan police department or city police officer;
2. A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol Division of the Department of Public Safety;
3. A chief, investigator or agent of the Investigation Division of the Department of Public Safety;
4. A chief, supervisor, investigator or training officer of the Training Division of the Department of Public Safety;
5. A chief or investigator of an office of the Department of Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees;
6. A chief or investigator of the Department of Public Safety whose duties include, without limitation:
(a) The execution, administration or enforcement of the provisions of chapter 179A of NRS; and
(b) The provision of technology support services to the Director and the divisions of the Department of Public Safety;
7. An officer or investigator of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles;
8. An investigator of the Division of Compliance Enforcement of the Department of Motor Vehicles;
9. A member of the police department of the Nevada System of Higher Education;
10. A:
(a) Uniformed employee of; or
(b) Forensic specialist employed by,
the Department of Corrections whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;
11. A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety;
12. A forensic specialist or correctional officer employed by the Division of Public and Behavioral Health of the Department of Health and Human Services at facilities for mentally disordered offenders;
13. The State Fire Marshal and his or her assistant and deputies;
14. A game warden of the Department of Wildlife who has the powers of a peace officer pursuant to NRS 289.280;
15. A ranger or employee of the Division of State Parks of the State Department of Conservation and Natural Resources who has the powers of a peace officer pursuant to NRS 289.260;
16. A bailiff or a deputy marshal of the district court or justice court whose duties require him or her to carry a weapon and to make arrests; and
17. An agricultural police officer appointed by the Director of the State Department of Agriculture pursuant to NRS 561.225 who has the powers of a peace officer pursuant to NRS 289.290.
(Added to NRS by 1981, 850; A 1983, 730, 1244; 1985, 1081, 1997; 1991, 1702; 1993, 417, 550, 1876; 1995, 322, 579; 1999, 116, 3594; 2001, 948, 2632; 2001 Special Session, 246; 2003, 180, 2527; 2005, 2240; 2009, 2426; 2013, 1982; 2021, 1909)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.140 - "Silicosis" defined.

"Silicosis" shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy.
[Part 26:44:1947; A 1949, 365; 1953, 297]
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.145 - "Sole proprietor" defined.

"Sole proprietor" means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada.
(Added to NRS by 1975, 1020; A 1981, 717)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.160 - Division of Industrial Relations to administer chapter.

This chapter must be administered by the Division of Industrial Relations of the Department of Business and Industry in the same manner as provided for in chapters 616A to 616D, inclusive, of NRS.
[2:44:1947; 1943 NCL § 2800.02] + [Part 39:44:1947; A 1951, 372]—(NRS A 1973, 1597; 1981, 1499; 1993, 1876)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.165 - Procedures for determination of contested cases.

The Chief of the Hearings Division of the Department of Administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter.
(Added to NRS by 1973, 1596; A 1975, 764; 1977, 1390; 1981, 1140)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.1665 - Payment of premiums by employers insured by private carrier.

Every employer insured by a private carrier, to receive the benefits of this chapter and to provide and secure compensation for his or her employees, shall pay premiums according to the classification and rules filed by the advisory organization, and the rates filed by the insurers, with the Commissioner.
[Part 33:44:1947; 1943 NCL § 2800.33]—(NRS A 1979, 1061; 1981, 1502; 1983, 1308; 1995, 2035; 1999, 1802)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.1675 - Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Creation; interest and income; administration.

1. There is hereby created in the State General Fund the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities. The Account consists of money appropriated to the Account by the Legislature and interest and income earned pursuant to subsection 2.
2. The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.
3. The Account must be administered by the State Treasurer. The money in the Account may be expended only for the purposes set forth in NRS 617.168 and none of the money in the Account may be expended for administrative purposes. The expenditures must be made on claims approved by the insurer and paid as other claims against the State are paid.
(Added to NRS by 1975, 821; A 1981, 1502; 1983, 1589; 1985, 723; 1987, 590; 1991, 1802; 1999, 1802)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.168 - Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Uses and purposes; reversion.

1. The money in the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities must be expended to provide:
(a) The continuing benefits described in subsection 6 of NRS 617.460;
(b) The increased benefits for permanent total disability described in NRS 616C.455; and
(c) The increased death benefits described in NRS 616C.510.
2. Upon receiving a monthly statement showing the amount of benefits to be paid for the month to the persons entitled thereto pursuant to subsection 1, the State Treasurer shall pay an amount equal to that shown on the statement from the Account to the insurer.
3. At such time as all claimants, their dependents, widows, widowers, surviving children or surviving parent who are provided benefits or increased benefits pursuant to the provisions of subsection 1 are no longer eligible for those benefits, the balance of the Account must revert to the State General Fund.
(Added to NRS by 1975, 822; A 1981, 1502; 1985, 723; 1987, 590; 1991, 1802; 1999, 1802)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.175 - Independent enterprises.

1. A person is not an employer for the purposes of this chapter if:
(a) The person enters into a contract with another person or business which is an independent enterprise; and
(b) The person is not in the same trade, business, profession or occupation as the independent enterprise.
2. As used in this section, "independent enterprise" means a person who holds himself or herself out as being engaged in a separate business and:
(a) Holds a business or occupational license in his or her own name; or
(b) Owns, rents or leases property used in furtherance of the business.
3. The provisions of this section do not apply to a principal contractor who is licensed pursuant to chapter 624 of NRS.
(Added to NRS by 1991, 2429)—(Substituted in revision for NRS 617.155)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.190 - Devices modifying liability void.

1. Except as otherwise provided for in this chapter, no contract of employment, insurance, relief benefit, indemnity, or any other device, shall modify, change or waive any liability created by this chapter.
2. A contract of employment, insurance, relief benefit, indemnity, or other device having for its purpose the waiver or modification of the terms of liability created by this chapter shall be void.
[24:44:1947; A 1951, 372]
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.200 - Employers to provide compensation; employer and insurer relieved from liability.

1. Every employer within the provisions of this chapter, and those employers who accept the terms of this chapter and are governed by its provisions, shall provide and secure compensation according to the terms, conditions and provisions of this chapter for all occupational diseases contracted by an employee arising out of and in the course of the employment.
2. In such cases the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those occupational diseases, unless otherwise provided by the terms of this chapter.
[Part 18:44:1947; A 1949, 365; 1953, 297]—(NRS A 1995, 2035)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.203 - Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor.

A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if:
1. The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;
2. Proof of such coverage is provided to the principal contractor;
3. The principal contractor is not engaged in any construction project; and
4. The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.
(Added to NRS by 1991, 2429)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.205 - Self-insured employers to provide compensation; contributions not required; administration of claims; compliance with NRS 616B.300.

1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his or her employees and their beneficiaries under this chapter.
2. A self-insured employer is not required to pay the contributions required of other employers by NRS 617.1665.
3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the Division with respect thereto.
4. The security deposited pursuant to NRS 616B.300 does not relieve the employer from responsibility for the administration of claims and payment of compensation under this chapter.
5. A self-insured employer qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.300.
(Added to NRS by 1979, 1061; A 1981, 1499; 1993, 1876)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.206 - Effect of certification as association of self-insured public or private employers; responsibilities of association.

1. An association that is certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under this chapter.
2. An association is not required to pay the contributions required of employers by NRS 617.1665.
3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of a member of an association must be handled in the manner provided by this chapter, and the association is subject to the regulations of the Division with respect thereto.
4. The security deposited pursuant to NRS 616B.353 does not relieve the association from responsibility for the administration of claims and payment of compensation under this chapter.
5. An association of self-insured public or private employers qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.353.
(Added to NRS by 1993, 762)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.207 - Applicability to officers of quasi-public and private corporations and managers of limited-liability companies; rejection of coverage by certain officers and managers.

1. If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per policy year.
2. An officer or manager who does not receive pay for services performed may elect to reject coverage for himself or herself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation or company who:
(a) Owns the corporation or company; and
(b) Receives pay for the services performed,
may elect to reject coverage for himself or herself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer.
(Added to NRS by 1987, 599; A 1993, 44; 1997, 1445, 1500; 1999, 455, 1732; 2001, 113, 610, 2457; 2003, 1587)