reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.210 - Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees.

1. Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the State or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. A state agency, political subdivision or metropolitan police department may furnish coverage under this chapter for a contractor as specified in the contract.
2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his or her employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department an affidavit indicating that the sole proprietor:
(a) In accordance with the provisions of NRS 617.225, has not elected to be included within the terms, conditions and provisions of this chapter; and
(b) Is otherwise in compliance with those terms, conditions and provisions.
3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain coverage for himself or herself under this chapter during any period in which the sole proprietor performs work under the contract for which he or she submitted the affidavit.
4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor pursuant to subsection 1:
(a) Shall be deemed not to be the employer of the sole proprietor or the employees of the sole proprietor, if any; and
(b) Is not liable as a principal contractor to the sole proprietor or the employees of the sole proprietor, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract.
[20:44:1947; 1943 NCL § 2800.20]—(NRS A 1981, 1500; 1985, 665; 1993, 550; 2001, 611)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.215 - Actions at law.

If any employer fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in case of death, the dependents of the employee, may bring an action at law against the employer for damages as if this chapter did not apply.
[22:44:1947; A 1949, 365; 1953, 297]—(NRS A 1967, 637; 1977, 237; 1991, 2432)—(Substituted in revision for NRS 617.490)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.220 - Applicability to employers of excluded persons.

Employers whose employees are excluded by NRS 617.080 may elect to cover such employees under the provisions of this chapter by notifying the insurer and the Administrator in writing. The notification subjects an employer to the provisions of this chapter until the employer submits to the insurer and the Administrator a notice in writing that the employer withdraws his or her election.
[Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981, 1500; 1987, 655)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.225 - Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election.

1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself or herself compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his or her self-employment by filing a written notice of election with the Administrator and a private carrier.
2. A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of this chapter to submit to a physical examination by a physician selected by the private carrier before the commencement of coverage and on a yearly basis thereafter. If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the Commissioner.
4. If a sole proprietor fails to pay all premiums required by the regulations of the Commissioner, the failure operates as a rejection of this chapter.
5. A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the Commissioner until the sole proprietor files a written notice with the private carrier and the Administrator that the sole proprietor withdraws his or her election.
6. For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month.
(Added to NRS by 1975, 1020; A 1981, 1500; 1993, 1877; 1995, 2034; 1999, 1803; 2001, 2458; 2003, 175)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.250 - Reporting of lessees engaged in mining or operating reduction plant.

1. A lessee engaged in either mining or operating a reduction plant, whose employer is within the provisions of this chapter, must be reported by the employer separately from persons employed at a daily wage, and the report must describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by lessees, computed on the average daily wages of workers engaged in like work in the same locality.
Otherwise, the payroll reports and premium payments on earnings of lessees described in this section are governed by the requirements of this chapter regarding employees engaged at a regular wage.
2. If such a lessee files with the Administrator and the insurer an acceptance of the provisions of this chapter and, if applicable, pays the premiums in advance upon the estimated earnings of the lessee and any workers he or she may employ, the lessor is relieved of this obligation.
[14:44:1947; 1943 NCL § 2800.14]—(NRS A 1967, 1370; 1975, 621, 1022; 1977, 236; 1981, 1500; 1987, 600; 1995, 2035)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.342 - Notice of occupational disease: Requirements; availability of form; retention.

1. An employee or, in the event of the employee’s death, one of the dependents of the employee, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 7 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment.
2. The notice required by subsection 1 must:
(a) Be on a form prescribed by the Administrator. The form must allow the employee or the dependent of the employee to describe briefly the circumstances which caused the disease or death.
(b) Be signed by the employee or by a person on behalf of the employee, or in the event of the employee’s death, by one of the dependents of the employee or by a person acting on behalf of the dependent.
(c) Include an explanation of the procedure for filing a claim for compensation.
(d) Be prepared in duplicate so that the employee or the dependent of the employee and the employer can retain a copy of the notice.
3. Upon receipt of the notice required by subsection 1, the employer, the employee’s supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.
4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his or her employees.
5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by a private carrier shall not file a notice of injury with the private carrier.
(Added to NRS by 1993, 762; A 1995, 2161; 1997, 1445; 1999, 1803)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.344 - Claim for compensation: Requirements for diseased employee, dependent or representative to file claim; form.

1. Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on behalf of the employee, shall file a claim for compensation with the insurer within 90 days after the employee has knowledge of the disability and its relationship to his or her employment.
2. In the event of the death of the employee resulting from the occupational disease, a dependent of the employee, or a person acting on his or her behalf, shall file a claim for compensation with the insurer within 1 year after the death of the employee.
3. The claim for compensation must be filed on a form prescribed by the Administrator.
(Added to NRS by 1993, 763)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.345 - Handling of claims by private carrier subject to provisions of chapter; employer and private carrier subject to regulations of Division.

The claims of employees and their dependents resulting from injuries while in the employment of employers insured by a private carrier must be handled in the manner provided in this chapter, and the employer and the private carrier are subject to the regulations of the Division with respect thereto.
(Added to NRS by 1995, 2034)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.346 - Recovery of compensation barred if notice of occupational disease or claim for compensation is not filed; exceptions.

1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, the dependent of the employee, is barred from recovering compensation pursuant to the provisions of this chapter if he or she fails to file a notice of an occupational disease pursuant to NRS 617.342 or a claim for compensation pursuant to NRS 617.344.
2. An insurer may excuse the failure to file a notice of an occupational disease or claim for compensation pursuant to the provisions of this section if:
(a) The employee’s disease or another cause beyond his or her control prevented him or her from providing the notice or the claim;
(b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law;
(c) The failure was caused by the physical or mental inability of the employee or the dependent; or
(d) The failure was caused by fraud, misrepresentation or deceit.
(Added to NRS by 1993, 763)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.348 - Dependent of employee barred from filing claim for compensation if untimely or previously denied.

A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if:
1. The time for filing the claim has expired pursuant to NRS 617.346; or
2. The employee or another dependent filed a claim for compensation for that occupational disease, the claim was denied and the denial has become final pursuant to the regulations adopted pursuant to NRS 617.165 or in an action for judicial review filed pursuant to NRS 617.405.
(Added to NRS by 1993, 762)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.352 - Claim for compensation: Duty of treating physician or chiropractic physician to file or delegate duty to medical facility; electronic filing; form and contents; maintenance of forms; penalty.

1. Except as otherwise provided in this section, a treating physician or chiropractic physician shall, within 3 working days after first providing treatment to an employee who has incurred an occupational disease, complete and file a claim for compensation with the employer of the employee and the employer’s insurer. If the employer is a self-insured employer, the treating physician or chiropractic physician shall file the claim for compensation with the employer’s third-party administrator. If the physician or chiropractic physician files the claim for compensation by electronic transmission, the physician or chiropractic physician shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the employee and the physician or chiropractic physician. The form must be mailed within 7 days after receiving such a request.
2. A physician or chiropractic physician who has a duty to file a claim for compensation pursuant to subsection 1 may delegate the duty to a medical facility. If the physician or chiropractic physician delegates the duty to a medical facility:
(a) The medical facility must comply with the filing requirements set forth in this section; and
(b) The delegation must be in writing and signed by:
(1) The physician or chiropractic physician; and
(2) An authorized representative of the medical facility.
3. A claim for compensation required by subsection 1 must be filed on a form prescribed by the Administrator.
4. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the employee’s ability to work.
5. Each physician, chiropractic physician and medical facility that treats employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the Division shall maintain at their offices a sufficient supply of the forms prescribed by the Administrator for filing a claim for compensation.
6. The Administrator may impose an administrative fine of not more than $1,000 for each violation of subsection 1 on:
(a) A physician or chiropractic physician; or
(b) A medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to this section.
(Added to NRS by 1993, 764; A 1995, 649; 1997, 1446; 2003, 2309)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.354 - Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty.

1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician or chiropractic physician, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, an employer shall complete and file with the employer’s insurer or third-party administrator an employer’s report of industrial injury or occupational disease.
2. The report must:
(a) Be filed on a form prescribed by the Administrator;
(b) Be signed by the employer or the employer’s designee;
(c) Contain specific answers to all questions required by the regulations of the Administrator; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractic physician, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, indicates that the employee is expected to be off work for 5 days or more.
3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or the employer’s designee. The form must be mailed within 7 days after receiving such a request.
4. The Administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.
(Added to NRS by 1993, 764; A 1997, 1447; 1999, 3147; 2003, 2310)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.357 - Certain claims regarding cancer, lung or heart diseases, certain contagious diseases or hepatitis: Reports by insurers to Administrator; public reports by Administrator.

1. Each insurer shall submit to the Administrator a written report concerning each claim for compensation in which the claimant is a firefighter, police officer, arson investigator or emergency medical attendant that is filed with the insurer pursuant to NRS 617.453, 617.455, 617.457, 617.481, 617.485 or 617.487. The written report must be submitted to the Administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include:
(a) A statement specifying the nature of the claim;
(b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial;
(c) A statement indicating the estimated medical costs for the claim; and
(d) Any other information required by the Administrator.
2. If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the Administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened.
3. On or before February 1 of each year, the Administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written report must include:
(a) The information submitted to the Administrator by an insurer pursuant to this section during the immediately preceding year; and
(b) Any other information concerning those claims required by the Administrator.
4. As used in this section, the term "police officer" includes a peace officer as that term is defined in NRS 289.010.
(Added to NRS by 2001, 828; A 2013, 344; 2019, 2663)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.358 - Compensation prohibited unless preponderance of evidence establishes that disease arose out of and in course of employment; rebuttable presumption if notice of disease is filed after termination of employment; exceptions.

1. An employee or the dependents of the employee are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or the dependents of the employee establish by a preponderance of the evidence that the employee’s occupational disease arose out of and in the course of his or her employment.
2. If the employee files a notice of an occupational disease pursuant to NRS 617.342 after his or her employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his or her employment.
3. The provisions of this section do not apply to any claim filed for an occupational disease described in NRS 617.453, 617.455, 617.457, 617.485 or 617.487.
(Added to NRS by 1993, 764; A 2009, 546)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.362 - Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer.

1. An insurer shall not provide compensation to or for an employee or the dependents of the employee before the compensation is required to be paid pursuant to the provisions of this chapter.
2. If, within 30 days after a payment is made to an injured employee pursuant to the provisions of this chapter, the insurer determines that it has overpaid the employee as a result of a clerical error in its calculation of the amount of payment or as a result of using improper or incorrect information to determine the employee’s eligibility for compensation or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the employee is entitled, other than medical benefits, if:
(a) The insurer notifies the employee in writing of its determination;
(b) The insurer informs the employee of the right of the employee to contest the deduction; and
(c) The employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that an overpayment was made.
3. Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the employee.
(Added to NRS by 1993, 761)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.364 - Newly developed injury or disease: Inclusion in original claim for compensation; limitation.

If, after a claim for compensation is filed pursuant to NRS 617.344:
1. The employee seeks treatment from a physician or chiropractic physician for a newly developed injury or disease; and
2. The employee’s medical records for the occupational disease reported do not include a reference to the injury or disease for which treatment is being sought,
the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractic physician establishes by medical evidence a causal relationship between the injury and disease for which treatment is being sought and the occupational disease reported pursuant to NRS 617.344.
(Added to NRS by 1993, 761)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.366 - Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related occupational disease by incident which is not employment related.

1. The resulting condition of an employee who:
(a) Has a preexisting condition from a cause or origin that did not arise out of and in the course of the employee’s current or past employment; and
(b) Subsequently contracts an occupational disease which aggravates, precipitates or accelerates the preexisting condition,
shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.
2. The resulting condition of an employee who:
(a) Contracts an occupational disease; and
(b) Subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his or her employment,
shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition.
(Added to NRS by 1993, 762; A 1995, 2162; 1999, 1804)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.370 - Medical examination; refusal to submit; testimony of physician.

1. Any employee who is entitled to receive compensation under this chapter shall, if:
(a) Requested by the insurer; or
(b) Ordered by an appeals officer, or a hearing officer,
submit to a medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the Division.
2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.
3. The request or order for an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, the employee’s physical condition and ability to attend at the time and place fixed.
4. The employee is entitled to have a physician, provided and paid for by the employee, present at any such examination.
5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, the right of the employee to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.
6. Any physician who makes or is present at any such examination may be required to testify as to the result thereof.
[36:44:1947; 1943 NCL § 2800.36]—(NRS A 1975, 764; 1977, 316; 1981, 1172, 1504; 1983, 457; 1993, 767, 1879; 1995, 579)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.380 - Autopsy: Order by insurer; findings of physician.

1. On the filing of a claim for compensation for death from an occupational disease where in the opinion of the insurer it is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered by the insurer. The autopsy must be made by a person designated by the insurer.
2. The person requesting an autopsy must pay the charge of the physician making it.
3. Any person interested may designate a duly licensed physician to attend the autopsy.
4. The findings of the physician performing the autopsy must be filed with the insurer and is a public record.
5. All proceedings for compensation must be suspended upon refusal of a claimant or claimants to permit an autopsy when so ordered.
6. When an autopsy has been performed pursuant to an order of the insurer, no cause of action may lie against any person for participating in or requesting such autopsy.
[38:44:1947; 1943 NCL § 2800.38]—(NRS A 1981, 1173, 1504)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.385 - Limitation on receipt of modified motor vehicle as medical benefit.

1. An employee is entitled to receive as a medical benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if:
(a) As a result of an occupational disease arising out of and in the course of his or her employment, the employee is quadriplegic, paraplegic or has had a part of his or her body amputated; and
(b) The employee cannot be fitted with a prosthetic device which allows the employee to operate a motor vehicle safely.
2. If an employee is entitled to receive a motor vehicle pursuant to subsection 1, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference:
(a) A motor vehicle owned by the employee must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.
(b) A used motor vehicle must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so.
(c) A new motor vehicle must be so modified.
(Added to NRS by 1993, 761)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.390 - Compensation for both injury and disease.

1. Compensation may be awarded for both injury and disease.
2. If an employee claims to be suffering from both an occupational disease and an injury, the insurer shall determine whether the disease or the injury or both, are related to the disability and shall order payment of compensation from the proper funds.
3. Compensation awarded for both injury and disease must not exceed the amount payable for the total percentage of disability.
[30:44:1947; 1943 NCL § 2800.30]—(NRS A 1979, 1063; 1981, 850, 1504)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.392 - Compensation for combination of injuries, illnesses and disabilities.

A person described in this chapter may be determined to be totally disabled and eligible to receive compensation for disability as a result of a combination of injuries, illnesses and disabilities arising out of and in the course of his or her employment.
(Added to NRS by 1981, 850)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.395 - Compensation for mastectomy and reconstructive surgery.

1. If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy.
2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery.
3. For the purposes of this section, "reconstructive surgery" means a surgical procedure performed following a mastectomy on one breast or both breasts to re-establish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy.
(Added to NRS by 1983, 617; A 1989, 1892)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.400 - Compensation: Effect of false representation, willful misconduct and self-exposure.

1. No compensation may be awarded on account of disability or death from a disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, knowingly and falsely represented himself or herself as not having previously suffered from the disease.
2. No compensation is payable under this chapter when disability or death is wholly or in part caused by the willful misconduct or willful self-exposure of the employee.
[29:44:1947; 1943 NCL § 2800.29]—(NRS A 1993, 767)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.402 - Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies.

1. If an insurer determines that an employee has knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the knowing misrepresentation or concealment of a material fact.
2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616C.315 to 616C.385, inclusive. If the final decision by an appeals officer is favorable to the employee, the Administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive, if:
(a) The final decision is favorable to the employee; and
(b) The Administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment.
3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616D.300.
(Added to NRS by 1989, 1993; A 1993, 768)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.405 - Judicial review of contested claims.

1. No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless:
(a) A claim is filed within the time limits prescribed in NRS 617.344; and
(b) A final decision by an appeals officer has been rendered on the claim.
2. Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.
(Added to NRS by 1973, 1596; A 1977, 85; 1981, 1140; 1993, 768)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.410 - Compensation paid by insurer.

Compensation for disability sustained on account of occupational disease by an employee, or the dependents of an employee as defined in this chapter, must be paid by the insurer.
[31:44:1947; 1943 NCL § 2800.31]—(NRS A 1979, 1063; 1993, 768; 1995, 2036)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.420 - Minimum duration of incapacity for temporary total disability; payment of medical benefits; exception.

1. No compensation may be paid under this chapter for temporary total disability which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages, but if the incapacity extends for 5 or more days within a 20-day period, the compensation must then be computed from the date of disability.
2. The limitations in this section do not apply to medical benefits, including, without limitation, medical benefits pursuant to NRS 617.453, 617.455 or 617.457, or a claim to which subsection 4 or 5 of NRS 616C.180 applies, which must be paid from the date of application for payment of medical benefits.
[37:44:1947; 1943 NCL § 2800.37]—(NRS A 1959, 205; 1987, 923; 2017, 3891; 2019, 1903)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.430 - Eligibility; limitations.

1. Every employee who is disabled or dies because of an occupational disease, as defined in this chapter, arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in chapters 616A to 616D, inclusive, of NRS, of an employee whose death is caused by an occupational disease, are entitled to the compensation provided by those chapters for temporary disability, permanent disability or death, as the facts may warrant, subject to the modifications mentioned in this chapter.
2. In cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person is entitled to such compensation unless for 90 days next preceding the contraction of the occupational disease the employee has been:
(a) A resident of the State of Nevada; or
(b) Employed by a self-insured employer, a member of an association of self-insured public or private employers, or an employer insured by a private carrier that provides coverage for occupational diseases.
[25:44:1947; A 1951, 372]—(NRS A 1967, 692; 1979, 1063; 1995, 2036; 1999, 1804)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.440 - Requirements for occupational disease to be deemed to arise out of and in course of employment; applicability.

1. An occupational disease defined in this chapter shall be deemed to arise out of and in the course of the employment if:
(a) There is a direct causal connection between the conditions under which the work is performed and the occupational disease;
(b) It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;
(c) It can be fairly traced to the employment as the proximate cause; and
(d) It does not come from a hazard to which workers would have been equally exposed outside of the employment.
2. The disease must be incidental to the character of the business and not independent of the relation of the employer and employee.
3. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.
4. In cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X-rays) or ionizing radiation, the poisoning or illness resulting in disability must have been contracted in the State of Nevada.
5. The requirements set forth in this section do not apply to claims filed pursuant to NRS 617.453, 617.455, 617.457, 617.485 or 617.487.
[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 589; 1963, 874; 1967, 685; 1983, 458; 2007, 3366)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.445 - Determination of date of disablement.

In all cases under this chapter, the date of disablement is such date as the insurer determines on hearing of the employee’s claim.
[Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1971, 1131; 1981, 1503; 1991, 363)—(Substituted in revision for NRS 617.340)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.454 - Physical examinations: Required tests; restrictions on use and dissemination of results of physical examination.

1. Any physical examination administered pursuant to NRS 617.455 or 617.457 must include:
(a) A thorough test of the functioning of the hearing of the employee; and
(b) A purified protein derivative skin test to screen for exposure to tuberculosis.
2. Except as otherwise provided in subsection 8 of NRS 617.457, the tests required by this section must be paid for by the employer.
3. Except as otherwise provided by the provisions governing privacy in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations, or an employee’s collective bargaining agreement, whichever is more restrictive:
(a) The results of a physical examination administered pursuant to NRS 617.455 or 617.457 may only be provided to:
(1) The examining physician;
(2) The employee;
(3) The employer’s officer who is responsible for risk management or human resources or his or her designee; and
(4) If the employee has filed a claim pursuant to NRS 617.455 or 617.457, the insurer.
(b) A person who receives the results of a physical examination pursuant to paragraph (a) may only use the results for the purposes of:
(1) Complying with the requirements of NRS 617.455 or 617.457, as applicable; or
(2) Creating a report pursuant to paragraph (c).
(c) The employer’s officer who is responsible for risk management or human resources or his or her designee may create and release a report that is based on the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to any person whom the employer’s officer determines has a need to know the information in the report. The report must only contain the following information:
(1) The name of the employee who was the subject of the physical examination; and
(2) A statement that the employee, as applicable:
(I) Satisfies the physical qualifications required for his or her employment; or
(II) Does not satisfy the physical qualifications required for his or her employment.
(Added to NRS by 1991, 959; A 2001, 1017; 2009, 749; 2015, 2426; 2017, 3891)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.459 - Determination of percentage of disability resulting from heart or lung diseases.

1. The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the insurer, in accordance with the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
as adopted and supplemented by the Division pursuant to NRS 616C.110.
2. If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
as adopted and supplemented by the Division pursuant to NRS 616C.110.
(Added to NRS by 1981, 850; A 1981, 1538; 1987, 1313; 1991, 494, 2431; 1993, 1879; 1995, 2162)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.460 - Silicosis and diseases related to asbestos as occupational diseases; compensation and claims.

1. Except as otherwise provided in NRS 617.366, silicosis and diseases related to asbestos are occupational diseases and are compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis or a disease related to asbestos are forever barred unless application is made to the insurer within 1 year after the date of disability or death and within 1 year after the claimant knew or should have known of the relationship between the disease and the employment.
3. Nothing in this chapter entitles an employee or the dependents of the employee to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death because of silicosis or a disease related to asbestos in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation may be paid in case of silicosis or a disease related to asbestos unless the injured employee has been exposed to harmful quantities of silicon dioxide dust or fibers of asbestos for not less than 1 year in employment in this State covered by this chapter and chapters 616A to 616D, inclusive, of NRS.
5. Compensation on account of silicosis or a disease related to asbestos is payable only in the event of a temporary or permanent disability, or death, in accordance with the provisions of chapters 616A to 616D, inclusive, of NRS. Except as otherwise provided in NRS 616C.505, the insurer shall not allow the conversion of the compensation benefits provided for in this section into the payment of a lump sum. Payment of benefits and compensation is limited to the claimant and the dependents of the claimant.
6. Any claimant who has been disabled by silicosis or a disease related to asbestos before July 1, 1973, or the dependents of the claimant, upon receiving the maximum sum payable, $14,250, to which they are entitled, are not entitled to compensation from the insurer, but are entitled to continue to receive the same amount of compensation from the account for pensions for silicosis, diseases related to asbestos and other disabilities.
[Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1957, 307; 1959, 250; 1961, 449; 1963, 84; 1965, 980; 1967, 206; 1969, 898; 1971, 326, 1083; 1973, 539, 1406; 1975, 259, 510, 823; 1979, 1064; 1981, 1504; 1983, 460; 1985, 724; 1987, 590; 1991, 1803; 1993, 771; 1995, 2036)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.470 - Occupational diseases of respiratory tract resulting from exposure to dusts.

All conditions, restrictions, limitations and other provisions of NRS 617.460 with reference to the payment of compensation or benefits on account of silicosis or a disease related to asbestos are applicable to the payment of compensation or benefits on account of any other occupational disease of the respiratory tract resulting from injurious exposure to dusts.
[28:44:1947; 1943 NCL § 2800.28]—(NRS A 1987, 591)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.481 - Certain contagious diseases as occupational diseases.

1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if a person employed in this State contracts a contagious disease during the course and scope of his or her employment that results in a temporary or permanent disability or death, the disease is an occupational disease and compensable as such under the provisions of this chapter if:
(a) It is demonstrated that the employee was exposed to the contagious disease during the course and scope of his or her employment;
(b) The employee reported the exposure to his or her employer in compliance with the reporting requirements adopted by the employer; and
(c) A test to screen for the contagious disease that is approved by the State Board of Health is administered to the employee:
(1) Within 72 hours after the date of the exposure and the employee tests negative for exposure to the contagious disease; and
(2) After the incubation period for the contagious disease, as determined by the State Board of Health, but not later than 12 months after the date of the exposure, and the employee tests positive for exposure to the contagious disease.
2. Such an employee and the dependents of the employee are excluded from the benefits of this section if:
(a) The employee refuses to be tested for exposure to the contagious disease as required by subsection 1;
(b) The employee or the dependents of the employee are eligible to receive compensation pursuant to paragraph (b) of subsection 2 of NRS 616A.265 or NRS 616C.052; or
(c) It is proven by clear and convincing evidence that the contagious disease did not arise out of and in the course of the employment.
3. All tests for exposure to the contagious disease that are required pursuant to subsection 1 must be paid for by the employer.
4. Compensation awarded to an employee or the dependents of the employee pursuant to this section must include:
(a) Full reimbursement for related expenses incurred for:
(1) Preventive treatment administered as a precaution to the employee; and
(2) Other medical treatments, surgery and hospitalization; and
(b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.
5. As used in this section:
(a) "Contagious disease" means hepatitis A, hepatitis B, hepatitis C, tuberculosis or the human immunodeficiency virus.
(b) "Exposed" or "exposure" means the introduction of blood or other infectious materials into the body of an employee during the performance of the employee’s official duties through the skin, eye, mucous membrane or parenteral contact. The term includes contact with airborne materials carrying tuberculosis.
(c) "Preventive treatment" includes, without limitation, tests to determine if an employee has contracted the contagious disease to which the employee was exposed.
(Added to NRS by 2001, 827)
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.500 - Applicability.

Every employee and the dependent or dependents of such employee, and the employer or employers of such employee, shall be subject to all the applicable penalties 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]
2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.510 - Penalties and remedies are cumulative; exception.

Except as otherwise provided in NRS 617.017, no penalty or remedy provided in this chapter is exclusive of any other penalty or remedy, but is cumulative and in addition to every other penalty or remedy and may be exercised without exhausting and without regard to any other penalty or remedy provided by this chapter or any other statute.
(Added to NRS by 1993, 762)