reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.930 - Injuries for which compensation not allowed

Current through June 11, 2024
No compensation may be authorized pursuant to NAC 616B.922 to
				616B.948, inclusive, for an injury that:
1. Results from an assault, whether or not
			 the offender is the aggressor.
2.
			 Occurs as a result of a deliberate violation of a rule of the work program by
			 the offender.
3. Is proximately
			 caused by the offender's intoxication. If the employee was intoxicated at the
			 time of the injury, intoxication must be presumed to be a proximate cause
			 unless rebutted by evidence to the contrary.
4. Is proximately caused by the employee's
			 use of a controlled substance. If the employee had any amount of a controlled
			 substance in his or her system at the time of the injury for which the employee
			 did not have a current and lawful prescription issued in his or her name, the
			 controlled substance must be presumed to be a proximate cause unless rebutted
			 by evidence to the contrary.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.932 - Submission of notice of injury

Current through June 11, 2024
1. Except as
			 otherwise provided in subsections 2 and 3, an offender or someone acting on his
			 or her behalf shall submit the notice of injury pursuant to the provisions of
			 NRS
			 616C.015.
2. The notice of injury must be submitted to
			 the administrator of the county jail, city jail or other local detention
			 facility or a designated agent thereof.
3. The administrator of the jail or other
			 detention facility or a designated agent shall file the notice with its insurer
			 within 15 days after he or she receives it. If an offender submits the notice
			 of injury to the administrator of the jail or other detention facility or a
			 designated agent within the time provided by
			 NRS
			 616C.015, the failure of the administrator of
			 the jail or other detention facility or a designated agent to file the notice
			 with its insurer within 15 days does not bar a claim for
			 compensation.
4. Incarceration is
			 not an excuse for failure to submit a timely notice of injury.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.934 - Periods for accrual and payment of compensation

Current through June 11, 2024
1. An
			 offender is not entitled to accrue or be paid any compensation for temporary
			 total disability, temporary partial disability, permanent partial disability or
			 permanent total disability while incarcerated.
2. Payment of compensation begins upon the
			 release of the offender from incarceration on:
(a) Parole;
(b) Final discharge; or
(c) Discharge from custody by order of a
			 court of competent jurisdiction.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.936 - Payment of lump-sum benefits

Current through June 11, 2024
An offender must not be paid a lump-sum settlement for an
				injury or disease while incarcerated. When the offender is released, any
				lump-sum benefit to which he or she is entitled:
1. Of more than $2,400, must be paid in
			 monthly installments that do not exceed 10 percent of the total benefit in any
			 month. The first installment must be paid within 30 days after the insurer
			 receives written notice, from the offender or the administrator of the county
			 jail, city jail or other local detention facility where the offender was
			 incarcerated, that the offender has been released.
2. Of $2,400 or less, must be paid in a
			 single payment within 30 days after the insurer receives written notice, from
			 the offender or the administrator of the county jail, city jail or other local
			 detention facility where the offender was incarcerated, that the offender has
			 been released.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.938 - Medical treatment of offenders

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, the administrator of the county jail, city
			 jail or other local detention facility or a designated agent thereof has
			 control over the medical treatment of any offender, including the right to
			 select a treating, consulting and rating physician or chiropractor, or both,
			 and any other health care professionals. An offender is not entitled to select
			 a health care professional.
2. The
			 county jail, city jail or other local detention facility is not required to
			 disclose in advance to the offender the date, time or location of any medical
			 service.
3. The insurer may
			 schedule any appropriate medical test, consultation or treatment in addition to
			 those scheduled by the county jail, city jail or other local detention
			 facility, but shall do so in accordance with the security procedures of the
			 jail or other detention facility.
4. If an insurer schedules an evaluation to
			 determine if an offender has suffered a permanent partial disability, it must
			 use a rating physician or chiropractor who has been designated by the
			 Administrator to determine the disability pursuant to
			 NRS
			 616C.490 but is not required to select the
			 next physician or chiropractor according to the order in which their names
			 appear on the list maintained by the Administrator.
5. If medication is prescribed for an
			 offender, it must be retained and dispensed by the county jail, city jail or
			 other local detention facility.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.940 - Hearings

Current through June 11, 2024
1. An offender is not entitled to be
			 physically present at a hearing before a hearing officer or an appeals
			 officer.
2. Any hearing must be
			 conducted by telephone unless the appeals officer or hearing officer
			 determines, for good cause, that the hearing should be held at a county jail,
			 city jail or other local detention facility. In such a case, the hearing must
			 be arranged and conducted in accordance with the security procedures of the
			 county jail, city jail or other local detention facility.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.942 - Services of Nevada Attorney for Injured Workers

Current through June 11, 2024
Offenders are entitled to the services of the Nevada Attorney
				for Injured Workers, subject to the rules and procedures adopted by the county
				jail, city jail or other local detention facility relating to contact with
				offenders.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.944 - Low wage is not ground to reopen claim

Current through June 11, 2024
The fact that an offender has earned a relatively low wage
				while incarcerated is not a ground for the reopening of a claim.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.946 - No right to reject coverage

Current through June 11, 2024
An offender incarcerated in a county jail, city jail or other
				local detention facility may not reject coverage if the administrator of the
				county jail, city jail or other local detention facility has provided and
				secured coverage from an insurer under the modified program of industrial
				insurance pursuant to
				NRS
				616B.029.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN LOCAL WORK PROGRAMS › Section 616B.948 - Civil rights not restored

Current through June 11, 2024
NAC 616B.922 to 616B.948, inclusive, do not restore, in whole
				or in part, any of the civil rights of an offender.
Added to NAC by Div. of
				Industrial Relations by R209-97, eff. 4-17-98
NRS
				  616B.029
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.960 - Scope

Current through June 11, 2024
The provisions of NAC 616B.960 to 616B.986, inclusive, apply
				only to an offender who is injured or killed in the course and scope of his or
				her employment in the prison industry program, and only if the Director of the
				Department of Corrections obtained coverage from an insurer under the modified
				program of industrial insurance. The program does not include:
1. Coverage for an injury that occurred
			 before the offender was confined in an institution or facility operated by the
			 Department of Corrections.
2. Any
			 service or benefit for vocational rehabilitation.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.962 - Applicability of statutes and other regulations

Current through June 11, 2024
Except as otherwise provided in NAC 616B.960, the provisions of
				chapters 616A to 617, inclusive, of NRS and chapters 616A to 617, inclusive, of
				NAC apply to an offender confined in an institution or facility operated by the
				Department of Corrections and engaged in work in a prison industry program to
				the extent that those provisions do not conflict with the provisions of NAC
				616B.960 to 616B.986, inclusive.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.964 - "Wages" defined

Current through June 11, 2024
For the purposes of an offender confined in an institution or
				facility operated by the Department of Corrections who is injured or killed in
				the course and scope of his or her employment in the prison industry program,
				"wages":
1. Means the money he or she
			 earns in the prison industry program before any deductions are made from those
			 earnings.
2. Does not include:
(a) The value of room and board, medical care
			 and other goods and services provided by the Department of
			 Corrections.
(b) The value of good
			 time earned towards reducing the prison sentence of the offender.
(c) Income from any source other than the
			 prison industry program.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.966 - Written procedure of rights and duties of offenders

Current through June 11, 2024
The Department of Corrections shall:
1. Adopt a written procedure that establishes
			 the rights and duties of an offender pursuant to the provisions of NAC 616B.960
			 to 616B.986, inclusive. The procedure must include the manner for filing a
			 claim for compensation, including the period within which a claim must be
			 filed.
2. Provide a copy of the
			 procedure to each offender confined in an institution or facility operated by
			 the Department of Corrections before his or her first assignment to
			 work.
3. Display a copy of the
			 procedure in a conspicuous place to which the offender has access in an
			 institution or facility where the offender is incarcerated.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.968 - Injuries for which compensation not allowed

Current through June 11, 2024
An offender is not entitled to receive compensation pursuant to
				the provisions of NAC 616B.960 to 616B.986, inclusive, for an injury
				that:
1. Results from an assault,
			 regardless of whether the offender is the aggressor.
2. Occurs as a result of an intentional
			 violation of a work rule of the work program by the offender.
3. Is proximately caused by the offender's
			 intoxication. If the employee was intoxicated at the time of the injury,
			 intoxication must be presumed to be a proximate cause of the injury unless
			 rebutted by evidence to the contrary.
4. Is proximately caused by the offender's
			 use of a controlled substance. If the employee has any amount of a controlled
			 substance in his or her system at the time of the injury for which the employee
			 did not have a current and lawful prescription issued in his or her name, the
			 controlled substance must be presumed to be a proximate cause of the injury
			 unless rebutted by evidence to the contrary.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.970 - Submission of notice of injury

Current through June 11, 2024
1. Except as
			 otherwise provided in subsections 2 and 3, an offender or any person acting on
			 his or her behalf shall submit the notice of injury in the manner provided in
			 NRS
			 616C.015.
2. The notice of injury must be submitted to
			 the Deputy Director of Industrial Programs of the Department of
			 Corrections.
3. The Deputy Director
			 of Industrial Programs shall file the notice with the insurer providing
			 coverage under the modified program of industrial insurance within 15 days
			 after receiving the notice. If the offender or a person acting on his or her
			 behalf submits the notice of injury to the Deputy Director within the time
			 prescribed by
			 NRS
			 616C.015, the failure of the Deputy Director
			 to file the notice with the insurer within 15 days does not bar a claim for
			 compensation.
4. Incarceration of
			 the offender is not an excuse for failure to submit a notice of injury within
			 the period prescribed by
			 NRS
			 616C.015.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.972 - Periods for accrual and payment of compensation

Current through June 11, 2024
1. An
			 offender is not entitled to accrue or receive any compensation for temporary
			 total disability, temporary partial disability, permanent partial disability or
			 permanent total disability while incarcerated.
2. The insurer shall schedule an evaluation
			 of the offender before his or her release to determine whether the industrial
			 injury of the offender will affect his or her ability to work.
3. The payment of compensation begins upon
			 the release of the offender from incarceration on:
(a) Parole;
(b) Final discharge; or
(c) Discharge from custody by order of a
			 court of competent jurisdiction.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.974 - Payment of lump-sum benefits

Current through June 11, 2024
1. An offender is
			 not entitled to receive a lump-sum settlement for an injury or disease while
			 incarcerated.
2. The insurer shall
			 schedule an evaluation of the offender before his or her release to determine
			 whether the industrial injury of the offender will affect his or her ability to
			 work.
3. When the offender is
			 released, any lump-sum benefit to which he or she is entitled that:
(a) Is more than $2,400, must be paid in
			 monthly installments that do not exceed 10 percent of the total benefit in any
			 month. The first installment must be paid within 30 days after the insurer
			 receives written notice from the offender, the warden of the institution or the
			 manager of the facility where the offender was incarcerated or a person
			 designated by the warden or manager that the offender has been
			 released.
(b) Is $2,400 or less,
			 must be paid in a single payment within 30 days after the insurer receives
			 written notice from the offender, the warden of the institution or manager of
			 the facility where the offender was incarcerated or a person designated by the
			 warden or manager that the offender has been released.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.976 - Medical treatment of offenders

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, the Department of Corrections has control
			 over the medical treatment of an offender, including the right to select a
			 treating, consulting and rating physician or chiropractor, or both, and any
			 other practitioner. An offender is not entitled to select a practitioner. As
			 used in this subsection, "practitioner" has the meaning ascribed to it in
			 NRS
			 439A.0195.
2. The Department of Corrections is not
			 required to disclose in advance to the offender the date, time or location of
			 any medical service.
3. The insurer
			 may schedule any appropriate medical test, consultation or treatment in
			 addition to those scheduled by the Department of Corrections, but shall do so
			 in accordance with the security procedures of the Department of
			 Corrections.
4. If the insurer
			 schedules an evaluation to determine whether an offender has suffered a
			 permanent partial disability, it must use a rating physician or chiropractor
			 designated by the Administrator to determine the disability pursuant to
			 NRS
			 616C.490, but it is not required to select
			 the next physician or chiropractor according to the order in which their names
			 appear on the list maintained by the Administrator.
5. If medication is prescribed for an
			 offender, it must be retained and dispensed by the Department of
			 Corrections.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.978 - Hearings

Current through June 11, 2024
1. An offender is not entitled to be present
			 at a hearing before a hearing officer or an appeals officer.
2. A hearing must be conducted by telephone
			 unless the appeals officer or hearing officer determines, for good cause, that
			 the hearing should be held at an institution operated by the Department of
			 Corrections. In such a case, the hearing must be arranged and conducted in
			 accordance with the security procedures of the Department of
			 Corrections.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.980 - Services of Nevada Attorney for Injured Workers

Current through June 11, 2024
An offender is entitled to the services of the Nevada Attorney
				for Injured Workers, subject to the rules and procedures adopted by the
				Department of Corrections relating to contact with offenders.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.982 - Low wage is not ground to reopen claim

Current through June 11, 2024
The fact that an offender has earned a relatively low wage
				during incarceration is not a ground for the reopening of a claim.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.984 - No right to reject coverage

Current through June 11, 2024
An offender who is confined in an institution or facility
				operated by the Department of Corrections may not reject coverage if the
				Director of the Department of Corrections has obtained coverage under the
				modified program of industrial insurance.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › MODIFIED PROGRAM FOR OFFENDERS IN PRISON INDUSTRY PROGRAMS › Section 616B.986 - Civil rights not restored

Current through June 11, 2024
The provisions of NAC 616B.960 to 616B.986, inclusive, do not
				restore, in whole or in part, any of the civil rights of an
				offender.
Added to NAC by Div. of
				Industrial Relations by R072-99, eff. 10-28-99
NRS
				  616B.028
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.990 - Definitions

Current through June 11, 2024
As used in NAC 616B.990 to 616B.994, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 616B.9902 to
				  616B.991, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.9902 - "Chair" defined

Current through June 11, 2024
"Chair" means the Chair of the Appeals Panel elected pursuant
				  to
				  NRS
				  616B.762.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.9904 - "Division of Insurance" defined

Current through June 11, 2024
"Division of Insurance" means the Division of Insurance of
				  the Department of Business and Industry.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.9906 - "Intervener" defined

Current through June 11, 2024
"Intervener" means a person who has been granted leave to
				  intervene in a hearing pursuant to NAC 616B.9918.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.9908 - "Petitioner" defined

Current through June 11, 2024
"Petitioner" means any policyholder or employer, other than a
				  self-insured employer, who files a grievance pursuant to
				  NRS
				  616B.772.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.991 - "Respondent" defined

Current through June 11, 2024
"Respondent" means any person who is asked to respond to an
				  appeal, including, without limitation, a private carrier or the advisory
				  organization.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.9912 - Scope and construction; deviation

Current through June 11, 2024
1. Except as
				otherwise provided in this section, the provisions of NAC 616B.990 to 616B.994,
				inclusive:
(a) Govern all practices and
				procedures for a hearing held pursuant to
				NRS
				616B.760 to
				616B.790, inclusive;
				and
(b) Must be liberally construed
				to secure the just and speedy determination of all issues presented to the
				Appeals Panel.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › General Provisions › Section 616B.9914 - Meetings

Current through June 11, 2024
All meetings of the Appeals Panel must be conducted in
				  compliance with the provisions of chapter 241 of NRS.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9916 - Request for hearing: Submission; contents; withdrawal

Current through June 11, 2024
1. To file a grievance with the Appeals Panel
				pursuant to
				NRS
				616B.772, the petitioner must submit a
				written request for a hearing by United States mail or by electronic means in
				the manner set forth in
				NRS
				719.250 to the Division of Insurance at one
				of the following addresses:
Division of Insurance
Department of Business and Industry
1818 East College Parkway, Suite 103
Carson City, Nevada 89706
Electronic mail address: insinfo@doi.state.nv.us
Facsimile copy: (775) 687-0787
Telephone: (775) 687-0700
2. The request for a hearing must include,
				without limitation:
(a) A statement which
				requests a hearing;
(b) A clear,
				simple statement which describes the issues in dispute and the relief
				requested; and
(c) A description of
				any statutes, rules, agency decisions or other authorities that the petitioner
				believes may be relevant to the issues in dispute or the relief
				requested.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9918 - Participation in hearing as intervener

Current through June 11, 2024
1. A person, other
				than an original party to a hearing, who believes that he or she may be
				directly and immediately affected by the hearing and who wishes to participate
				in the hearing as an intervener, must secure an order from the Chair granting
				the person leave to intervene.
2.
				To seek an order for leave to intervene, the person must file with the Division
				of Insurance, not later than 2 days before commencement of the hearing, a
				petition for leave to intervene and proof of service of copies of the petition
				on each party to the hearing. If the petition and proof of service are filed
				later than 2 days before commencement of the hearing, the petition must state a
				substantial reason for the delay. If such a substantial reason for the delay is
				not stated in the petition, the Appeals Panel shall not consider the
				petition.
3. A petition for leave
				to intervene:
(a) Must be in
				writing;
(b) Must clearly identify
				the hearing in which the person seeks leave to intervene;
(c) Must set forth the name and address of
				the person seeking leave to intervene;
(d) Must contain a clear and concise
				statement which sets forth:
(1) The direct and
				immediate interest of the person in the hearing; and
(2) The manner in which the person may be
				affected if he or she is not granted leave to intervene;
(e) Must outline the information the person
				relied upon as the basis for seeking leave to intervene; and
(f) If affirmative relief is sought, must
				contain a clear and concise statement regarding the relief sought, the basis
				for seeking such relief, and the nature and quantity of evidence the person may
				present at the hearing if granted leave to intervene.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.992 - Conflict of interest of member who represents Division of Insurance

Current through June 11, 2024
A member of the Appeals Panel who represents the Division of
				  Insurance shall be deemed not to have a conflict of interest pursuant to
				  NRS
				  616B.782 with respect to the Division of
				  Insurance if the Division of Insurance is a party to the hearing or has been
				  involved in the handling of the appeal.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS
					 616B.782,
					 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9922 - Setting and notice of hearing

Current through June 11, 2024
1. Not later than
				30 days after the receipt of a request for a hearing, the Chair shall set a
				date for the hearing. The hearing must be conducted not later than 90 days
				after the receipt of the request for a hearing, at such time and place as the
				Chair prescribes.
2. The Appeals
				Panel shall provide to the parties written notice of the hearing pursuant to
				NRS
				616B.777. The notice must specify:
(a) The purpose of the hearing;
(b) The date, time and location of the
				hearing; and
(c) Any other
				information required pursuant to the provisions of
				NRS
				233B.121.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9924 - Prehearing conference

Current through June 11, 2024
1. Upon the motion
				of the Chair or a party, the Chair may hold a prehearing conference:
(a) To formulate or simplify the
				issues;
(b) To obtain documents
				that will avoid unnecessary delays;
(c) To arrange for the exchange of proposed
				exhibits or prepared expert testimony; or
(d) To expedite any other matters for the
				orderly conduct and disposition of the hearing or any settlements
				thereof.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9926 - Appearance and representation of parties

Current through June 11, 2024
1. A party to a
				hearing may appear at the hearing:
(a) In
				person;
(b) By an attorney or other
				authorized representative; or
(c)
				As provided in subsection 2.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9928 - Closure of hearings to public

Current through June 11, 2024
1. If a petitioner
				believes the Appeals Panel will be considering proprietary information, the
				petitioner may request that the hearing be closed to the public pursuant to
				NRS
				616B.780.
2. If the Appeals Panel determines that it
				will be considering proprietary information, the hearing must be closed to the
				public.
3. The decision of the
				Appeals Panel in a hearing that is closed to the public must be made part of
				the public record.
4. As used in
				this section, "proprietary information" has the meaning ascribed to it in
				NRS
				616B.780.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS
					 616B.780,
					 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.993 - Conduct of hearings

Current through June 11, 2024
1. The Appeals
				Panel shall conduct hearings as informally as possible under the
				circumstances.
2. The Appeals Panel
				shall direct their efforts toward promoting consistency and fairness in all
				decisions while ensuring compliance with all rules pertaining to
				classifications, rating and experience modifications.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9932 - Filing of briefs and statements of facts

Current through June 11, 2024
1. During any
				hearing, the Chair may formally order any party to the hearing to file a brief
				or a statement of facts with the Chair by a date set by the Chair.
2. The party shall file with the Chair the
				brief or statement of facts and proof of service of copies of the brief or
				statement of facts on all other parties to the hearing.
3. The Chair may extend the time for filing
				the brief or statement of facts if a party requests such an extension before
				the date set for filing. The Chair shall issue a decision to grant or deny the
				extension in writing.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9934 - Burden of proof; order of presentation; continuances and recesses; failure of petitioner to appear

Current through June 11, 2024
1. The petitioner
				has the burden of proof in a hearing.
2. During each hearing, unless otherwise
				ordered by the Chair in a specific case, the Chair and parties will ordinarily
				present the following information in the following order:
(a) A brief orientation by the
				Chair.
(b) Testimony and other
				evidence that addresses the issues in dispute and the relief requested by the
				petitioner.
(c) Testimony and other
				evidence by any interveners.
(d)
				Testimony and other evidence by the respondent.
(e) Rebuttal testimony and other evidence by
				the petitioner.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9936 - Rules of evidence

Current through June 11, 2024
1. Hearings will
				not be conducted according to the technical rules of evidence. Any relevant
				evidence may be admitted, except where precluded by law, if it is of a type
				commonly relied upon by reasonable and prudent persons in the conduct of their
				affairs, even though the evidence might be subject to objection in civil
				actions.
2. "Hearsay evidence," as
				that term is used in civil actions, may be admitted to supplement or explain
				other evidence.
3. "Incompetent
				evidence," as that term is used in civil actions, is not admissible, with the
				exception of hearsay evidence as provided in subsection 2.
4. Irrelevant, cumulative and unduly
				repetitious evidence is not admissible.
5. The rules of privilege must be applied as
				they are applied in civil actions.
Added to NAC by Comm'r
				  of Insurance by R006-03, eff. 12-16-2003
NRS 616B.790
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.9938 - Transcripts and recordings of hearings

Current through June 11, 2024
1. If a party
				wishes to obtain a transcript of a hearing, that party must:
(a) Furnish a reporter;
(b) Pay for the transcript; and
(c) Deliver a copy of the transcript to the
				Division of Insurance not later than 20 days after the completion of the
				hearing.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › APPEALS PANEL FOR INDUSTRIAL INSURANCE › Hearings › Section 616B.994 - Rendering of decisions; appeals

Current through June 11, 2024
1. The decision of
				the Appeals Panel:
(a) Must be in
				writing;
(b) Must include a
				statement of facts, an analysis and an opinion;
(c) Must include a statement regarding the
				right of the parties to appeal;
(d)
				Must be issued by the Chair not later than 30 days after the completion of the
				hearing unless the Appeals Panel orders an extension of time to reconvene to
				consider additional information; and
(e) Must be delivered, in person or by
				first-class mail, to the petitioner and each respondent and intervener in the
				hearing.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › Section 616C.Sec. 22 - NEW

Current through June 11, 2024
If an insurer uses only salaried employees to investigate,
			 negotiate and settle workers' compensation claims as described in subsection 4
			 of NRS 684A.040  and is not required to employ adjusters licensed pursuant to
			 chapter 684A of NRS, the insurer's list of physicians and chiropractic
			 physicians required pursuant to subsection 6 of NRS 616C.087  must be signed and
			 certified as accurate by the insurer's highest ranking employee who is
			 responsible for processing workers' compensation claims filed in this
			 State.
Added
			 to NAC by Div. of Industrial Relations by
			 R134-20A,
			 eff. 9/20/2022;	Added
			 to NAC by Div. of Industrial Relations by
			 R134-20RA,
			 eff. 12/19/2022
NRS 616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › GENERAL PROVISIONS › Section 616C.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise
				requires:
1. The words and terms
			 defined in:
(a)NRS
			 616A.030 to
			 616A.360,
			 inclusive; and
(b) NAC 616A.015 to
			 616A.275, inclusive, have the meanings ascribed to them in those
			 sections.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › GENERAL PROVISIONS › Section 616C.002 - Adoption by reference of American Medical Association's Guides to the Evaluation of Permanent Impairment

Current through June 11, 2024
1. For the purposes
			 of
			 NRS
			 616B.557,
			 616B.578,
			 616B.587,
			 616C.105,
			 616C.392,
			 616C.490
			 and
			 617.459,
			 the Division hereby adopts by reference the
Guides to the Evaluation of
			 Permanent Impairment
, Fifth Edition, published by the American Medical
			 Association.
2. A copy of the
			 publication may be obtained from the Order Department, American Medical
			 Association, P.O. Box 930876, Atlanta, Georgia 31193-0876, by telephone at
			 (800) 621-8335, or on the Internet at
www.amabookstore.com
, for the price of $139
			 for persons who are members of the Association, or $159 for persons who are not
			 members of the Association.
3. The
			 provisions of this section do not:
(a)
			 Constitute a change of circumstances for the purposes of
			 NRS
			 616C.390.
(b) Entitle an injured employee whose
			 permanent partial disability was rated pursuant to
			 NRS
			 616C.490 before October 1, 2003, to an
			 increase in the compensation he or she receives for that disability.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › PROVIDERS OF HEALTH CARE › Section 616C.003 - Panel of physicians and chiropractors: Appointment of members

Current through June 11, 2024
1. The Administrator will appoint to the
			 panel of physicians and chiropractic physicians described in NRS 616C.090  only
			 physicians and chiropractic physicians who:
(a) Are licensed under chapter 630, 633 or
			 634 of NRS;
(b) Have demonstrated
			 special competence and interest in industrial health;
(c) Are in good standing with the state
			 regulatory bodies respectively charged with overseeing their licensing,
			 practice and performance;
(d) Have
			 not lost staff privileges at any hospital on the basis of reviews conducted by
			 their peers concerning the quality of care they have provided;
(e) Have not previously been suspended or
			 removed from the panel of physicians and chiropractic physicians by the
			 Administrator;
(f) Have not been
			 convicted or disciplined by any state licensing agency, workers' compensation
			 authority, professional practice organization or the Centers for Medicare and
			 Medicaid Services of the United States Department of Health and Human Services
			 for:
(1) Fraudulent activity, including,
			 without limitation, fraudulent medical billing or reporting;
(2) Abuse; or
(3) Discriminatory treatment in the care and
			 treatment of patients;
(g) Have not been convicted in a state or
			 federal court for the commission of a felony; and
(h) Have not been convicted in a state or
			 federal court or disciplined by any state's licensing agency for the commission
			 of any offense relating to the excessive prescribing of drugs.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › PROVIDERS OF HEALTH CARE › Section 616C.006 - Panel of physicians and chiropractors: Disciplinary action against members

Current through June 11, 2024
The Administrator will issue a warning to a physician or
				chiropractor on the panel of physicians and chiropractors, or suspend or remove
				a physician or chiropractor from the panel, for sufficient cause. Sufficient
				cause includes, but is not limited to, the following:
1. Fraudulent billing or reporting.
2. Failure to observe the rules of treatment
			 set forth in NAC 616C.129.
3.
			 Disciplinary action taken against the physician or chiropractor by the
			 applicable licensing authority, representatives of Medicare or Medicaid, or a
			 hospital for fraud, abuse or the quality of care provided.
4. Unprofessional conduct or discriminatory
			 treatment in the care and treatment of patients.
5. Use of any treatment which is not
			 sanctioned by his or her peers or medical authority as being beneficial for the
			 injury or disease involved.
6.
			 Failure to comply with any order of the Division issued pursuant to the
			 schedule of fees and charges for accident benefits adopted pursuant to
			 subsection 2 of
			 NRS
			 616C.260.
7. Commission of a felony for which he or she
			 is convicted in a state or federal court.
8. Commission of any offense relating to drug
			 abuse, including excessive prescription of drugs, for which he or she is
			 convicted in a state or federal court.
9. A violation of
			 NRS
			 616C.040 or
			 616C.135.
10. Continued failure to secure authorization
			 for diagnostic tests which require prior authorization.
11. Continued failure to secure authorization
			 and consultations for surgical procedures.
12. Engaging in any action that the
			 Administrator determines to be detrimental to an injured employee, an employer,
			 an insurer or the program of industrial insurance.
Industrial Comm'n, No.
				23.030, eff. 7-1-73; renumbered as 13.030, 6-30-82-NAC A by Div. of Industrial
				Insurance Regulation, 10-26-83; 2-22-88; A by Div. of Industrial Relations,
				10-11-93; R006-97, 12-9-97; R105-00, 1-18-2001, eff. 3-1-2001; R118-02,
				9-7-2005
NRS
				  616A.400,
				  616C.090
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › PROVIDERS OF HEALTH CARE › Section 616C.009 - Panel of physicians and chiropractors: Notice to member of suspension or removal; suspension or removal without notification authorized

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 3, the Administrator may suspend or remove for cause any physician or
			 chiropractor from the panel of physicians and chiropractors upon 30 days'
			 written notice.
2. The notice of
			 suspension or removal must define the particular cause or causes for suspension
			 or removal.
3. The Administrator
			 may, without giving any advance notice, suspend or remove from the panel of
			 physicians and chiropractors a physician or chiropractor whose license has been
			 suspended or revoked by the applicable licensing authority.
Industrial Comm'n, No.
				23.040, eff. 7-1-73; renumbered as 13.040, 6-30-82-NAC A by Div. of Industrial
				Insurance Regulation, 2-22-88; A by Div. of Industrial Relations by R006-97,
				12-9-97; R090-99, 10-28-99; R105-00, 1-18-2001, eff.
				3-1-2001
NRS
				  616A.400,
				  616C.090
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › PROVIDERS OF HEALTH CARE › Section 616C.012 - Panel of physicians and chiropractors: Notification of interested persons regarding suspension or removal

Current through June 11, 2024
The Administrator will:
1. Immediately advise all insurers,
			 third-party administrators and organizations for managed care located in the
			 area served by a physician or chiropractor who has been suspended or removed by
			 the Administrator from the panel of physicians and chiropractors of the
			 suspension or removal from the panel.
2. Request the insurers, third-party
			 administrators and organizations for managed care to advise employers and
			 employees, as appropriate, that the physician or chiropractor is not authorized
			 to treat cases for workers' compensation.
Industrial Comm'n, No.
				23.080, eff. 7-1-73; renumbered as 13.080, 6-30-82-NAC A by Div. of Industrial
				Insurance Regulation, 2-22-88; A by Div. of Industrial Relations by R006-97,
				12-9-97; R105-00, 1-18-2001, eff. 3-1-2001
NRS
				  616A.400,
				  616C.090
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › PROVIDERS OF HEALTH CARE › Section 616C.015 - Panel of physicians and chiropractors: Petition for hearing on suspension or removal

Current through June 11, 2024
1. Any physician or
			 chiropractor suspended or removed from the panel of physicians and
			 chiropractors may petition the Administrator in writing for a hearing on the
			 suspension or removal. The petition must be delivered to the Administrator no
			 later than 10 days after the notice of suspension or removal.
2. The petition must be served by registered
			 or certified mail directed to the Division's office in Carson City, or may be
			 served by delivering it personally to the Administrator or by leaving a copy
			 with an authorized agent at the Division's office.
Industrial Comm'n, No.
				23.050, eff. 7-1-73; renumbered as 13.050, 6-30-82-NAC A by Div. of Industrial
				Insurance Regulation, 2-22-88; A by Div. of Industrial Relations by R090-99,
				10-28-99
NRS
				  616A.400,
				  616C.090