reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.490 - Apportionment of impairments (Repealed)

Current through June 11, 2024
Comm'r of Insurance
				  & Industrial Comm'n, No. 41 § 9, eff. 5-13-82-NAC A by Dep't of
				  Industrial Relations, 10-26-83; 6-23-86; A by Div. of Industrial Insurance
				  Regulation, 2-22-88; A by Div. of Industrial Relations by R009-97, 10-27-97;
				  R105-00, 1-18-2001, eff. 3-1-2001; R108-09, 6-30-2010; A by
				  R136-14,
				  eff. 6/28/2016;	R
				  by
				  R032-21A,
				  eff. 8/1/2023
NRS 616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.496 - Evaluation of disability from multiple accidents

Current through June 11, 2024
If no factual measurement has been made of a disability
				  that:
1. Involves the same anatomical
				structure or the same or a related condition or organ; and
2. Is attributable to the injury from the
				first accident,
before a disability occurs as a result of the second
				  accident, the total disability from both accidents must not be evaluated until
				  both injuries are stabilized following the second accident.
Industrial Comm'n, No.
				  5.041, eff. 6-30-82-NAC A by Dep't of Industrial Relations, 10-26-83; A by Div.
				  of Industrial Relations by R105-00, 1-18-2001, eff.
				  3-1-2001
NRS
					 616A.400,
					 616C.490
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.498 - Eligibility to receive compensation in lump sum for injury incurred on or after July 1, 1995; installments (Repealed)

Current through June 11, 2024
Added to NAC by Div. of
				  Industrial Relations, eff. 5-10-96; A by
				  R059-15A,
				  eff. 12/21/2016; R
				  by
				  R127-17A,
				  eff. 1/30/2019
NRS
				  616A.400 and
				  616C.495,
				  as amended by section 9 of Assembly Bill No. 458, chapter 216, Statutes of
				  Nevada 2017, at page 1167
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.499 - Election to receive award in lump sum: Reaffirmation; payment; notice of waiver of rights

Current through June 11, 2024
1. If an injured
				employee elects to receive an award for a permanent partial disability in a
				lump sum, he or she must reaffirm the election within 20 days after receiving
				notification from the insurer pursuant to subsection 3 of
				NRS
				616C.495 before the lump sum will be
				paid.
2. If an injured employee
				reaffirms the election within 20 days, the insurer shall make payment to the
				injured employee:
(a) Within 20 days;
				or
(b) If there is any child
				support obligation affecting the injured employee, within 35 days, after the
				insurer receives the reaffirmation.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.502 - Factors for computing present value for lump-sum payment

Current through June 11, 2024
The determination of the age of an injured employee must be
				  made by subtracting the birthdate of the injured employee from the date of the
				  request by the injured employee for a lump-sum payment for an award for a
				  permanent partial disability. Only the month and year may be used in the
				  determination.
Added to NAC by Dep't
				  of Industrial Relations, eff. 6-29-84; A 11-12-85; 6-23-86; eff. 7-1-86;
				  8-31-87; A by Div. of Industrial Relations by R009-97, 10-27-97; A by
				  R127-17A,
				  eff. 1/30/2019
NRS
				  616A.400 and
				  616C.495,
				  as amended by section 9 of Assembly Bill No. 458, chapter 216, Statutes of
				  Nevada 2017, at page 1167
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.505 - Acceptance of award in installment payments (Repealed)

Current through June 11, 2024
Industrial Comm'n, No.
				  5.031, eff. 6-30-82-NAC A by Div. of Industrial Relations by R009-97,
				  10-27-97;	R
				  by
				  R032-21A,
				  eff. 8/1/2023
NRS 616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.508 - Compensation for loss of or permanent damage to tooth

Current through June 11, 2024
1. An injured employee is entitled to receive
				the following compensation for the loss of or permanent damage to a tooth:
Incisor................................................................................................................
$200
Cuspid...............................................................................................................
300
Bicuspid.............................................................................................................
300
Molar.................................................................................................................
400
2.
				An insurer or third-party administrator shall pay an injured employee for the
				loss of or permanent damage to a tooth within 30 days after he or she is
				notified by the treating dentist that the dental treatment related to the tooth
				has been completed.
Added to NAC by Div. of
				  Industrial Insurance Regulation, eff. 8-30-91; A by Div. of Industrial
				  Relations by R009-97, 10-27-97; R105-00, 1-18-2001, eff.
				  3-1-2001
NRS
					 616A.400,
					 616C.485,
					 616C.495
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Temporary Total Disability › Section 616C.520 - Forms for inclusion with payments of compensation

Current through June 11, 2024
1. Each insurer shall include with the
				initial payment of compensation for a temporary total disability a copy of Form
				D-7, "Explanation of Wage Calculation."
2. Each insurer may provide Form D-6,
				"Injured Employee's Request for Compensation," to the injured employee with
				each check for a temporary total disability. The form must be used by the
				injured employee to request compensation for the temporary total disability if
				the insurer elects to use it. Failure to submit the form does not preclude the
				payment of the compensation if there is documentation on file which indicates a
				continued disability.
Added to NAC by Div. of
				  Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial
				  Relations, 3-28-94; R104-97, 3-6-98; R098-98,
				  12-18-98
NRS
					 616A.400,
					 616C.475
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Temporary Total Disability › Section 616C.522 - Compensation for lost wages incurred by employee who receives medical treatment after returning to work

Current through June 11, 2024
1. In determining
				whether an injured employee is entitled to compensation pursuant to
				NRS
				616C.477, the insurer shall calculate the
				required distance the injured employee is required to travel to receive medical
				treatment with the use of:
(a) Any computer
				software that determines the distance between one or more geographic
				locations;
(b) A map which
				indicates the distance between one or more geographic locations and which has
				been published;
(c) A travel
				calculator established on the Internet; or
(d) A properly calibrated odometer that is
				capable of verifying the distance between one or more geographic
				locations.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Total Disability › Section 616C.526 - Annual payments to certain claimants and dependents of claimants (Repealed)

Current through June 11, 2024
Added to NAC by Div. of
				  Industrial Relations by R163-05, eff. 11-17-2005; R by
				  R134-20A,
				  eff. 9/20/2022;	R by
				  R134-20RA,
				  eff. 12/19/2022
NRS 616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Total Disability › Section 616C.527 - Provision of certain information by insurer to Administrator

Current through June 11, 2024
1. An insurer shall provide any information
				required by the Administrator to carry out the provisions of NRS 616C.473.
2. An insurer who
				violates subsection 1 is subject to administrative action pursuant to NRS 616D.120.
Added to NAC by Div. of
				  Industrial Relations by R163-05, eff. 11-17-2005; A 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,
					 616D.120
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Benefits for Dependents › Section 616C.530 - Full-time students

Current through June 11, 2024
1. For the purpose
				of administering
				NRS
				616C.505, the Division considers a dependent
				child over 18 years of age to be a full-time student while the child is
				actually enrolled and actively engaged in a course of education which will
				result in:
(a) A credit of at least 12
				semester hours or their equivalent toward a degree;
(b) A certificate of qualification;
				or
(c) The child's graduation from
				an accredited institution.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Benefits for Dependents › Section 616C.533 - Compensation for claim if dependent is full-time student

Current through June 11, 2024
A claim for compensation as a full-time student must be
				  submitted on a form approved by the Division and must be accompanied by:
1. A certificate of enrollment from the
				vocational or educational institution which the student is attending;
				and
2. A report from the vocational
				or educational institution of the credits earned or marks attained during the
				preceding semester or quarter of enrollment.
Industrial Comm'n, No.
				  4.091, eff. 6-30-82-NAC A by Div. of Industrial Insurance Regulation,
				  10-26-83-Substituted in revision for NAC 616.668
NRS
					 616A.400,
					 616C.505
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.550 - Definitions

Current through June 11, 2024
As used in NAC 616C.550  to 616C.610, inclusive, unless the
				context otherwise requires:
1.
			 "Employer" means the employer for whom an employee worked when the employee:
(a) Sustained an injury arising out of and in
			 the course of his or her employment; or
(b) Was last exposed to the conditions
			 resulting in an occupational disease, for which the employee requires
			 vocational rehabilitation services.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.553 - Notice of opinion that injured employee is not eligible for services

Current through June 11, 2024
1. If, based upon the opinion of a treating
			 or an examining physician or chiropractor, a vocational rehabilitation
			 counselor determines that an injured employee is not eligible for vocational
			 rehabilitation services, the counselor shall, within 10 days after receiving
			 that opinion, provide a copy of the opinion to the injured employee and the
			 injured employee's attorney or other representative, the employer and the
			 insurer.
2. If, based upon the
			 opinion of a consulting physician or chiropractor, an insurer finds that an
			 injured employee is not eligible for vocational rehabilitation services, the
			 insurer shall, within 10 days after it receives that opinion, provide a copy of
			 the opinion to the treating physician or chiropractor.
Added to NAC by Div. of
				Industrial Insurance Regulation, eff. 9-7-88; A by Div. of Industrial
				Relations, 3-28-94; R006-97, 12-9-97
NRS
				  616A.400,
				  616C.555
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.555 - Vocational rehabilitation counselor: Compliance with certain provisions

Current through June 11, 2024
An insurer shall ensure that:
1. The vocational rehabilitation counselor
			 assigned to a claim by the insurer complies with the provisions of subsection 2
			 of
			 NRS
			 616C.547, subsections 1 to 8, inclusive, of
			 NRS
			 616C.555 and NAC
			 616C.556;
2. The written assessment developed pursuant
			 to
			 NRS
			 616C.550 includes the document containing the
			 information described in subsection 2 of NAC 616C.556; and
3. The plan for a program of vocational
			 rehabilitation developed pursuant to
			 NRS
			 616C.555 complies with the provisions of that
			 section.
Added to NAC by Div. of
				Industrial Relations by R007-97, eff. 12-10-97; A by
				R130-14,
				eff. 9/9/2016
NRS
				  616A.400,
				  616C.550
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.556 - Vocational rehabilitation counselor: Notification of assignment of case; written assessment

Current through June 11, 2024
1. A vocational
			 rehabilitation counselor shall, within 10 days after receiving a written
			 assignment of a case from an insurer or third-party administrator, notify:
(a) The injured employee of the assignment;
			 and
(b) The injured employee's
			 treating physician or chiropractor, unless the pertinent medical information
			 has already been provided to the vocational rehabilitation counselor.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.558 - Plan for program of vocational rehabilitation

Current through June 11, 2024
1. If
			 an insurer or third-party administrator determines that an injured employee is
			 eligible for vocational rehabilitation services, the insurer or third-party
			 administrator shall, within 60 days after making that determination, submit to
			 the treating or examining physician or chiropractor a written plan for a
			 program of vocational rehabilitation that includes the characteristics of
			 physical demand for the occupational goal for the injured employee.
2. A treating or examining physician or
			 chiropractor shall, within 10 days after receiving a plan for a program of
			 vocational rehabilitation, provide the vocational rehabilitation counselor with
			 a written approval or denial of the plan that includes the rationale for the
			 approval or denial and a determination of the medical capability of the injured
			 employee safely to achieve the occupational goal set forth in the
			 plan.
3. A plan for a program of
			 vocational rehabilitation must be approved in writing by the treating or
			 examining physician or chiropractor before the program may be
			 commenced.
Added to NAC by Div. of
				Industrial Relations by R006-97, eff. 12-9-97
NRS
				  616A.400,
				  616C.555
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.559 - Development and extension of program of vocational rehabilitation

Current through June 11, 2024
1. In developing a program of vocational
			 rehabilitation for an industrially injured employee, the insurer shall consider
			 the injured employee's experience, skills and desires.
2. A program of vocational rehabilitation
			 must be outlined in writing. The outline for an individual program must:
(a) Show the amount of money
			 budgeted;
(b) Contain a
			 justification of the expense; and
(c) Include a description of:
(1) The nature and the length of the
			 program;
(2) The skills that the
			 injured employee will acquire; and
(3) The dates on which the program will begin
			 and end.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.562 - Use of surveys of labor market

Current through June 11, 2024
An insurer shall use surveys of the labor market to determine
				whether gainful employment is available for an injured employee.
Added to NAC by Div. of
				Industrial Relations, eff. 3-28-94-Substituted in revision for NAC
				616.0822
NRS
				  616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.565 - Inclusion of period for job search in program

Current through June 11, 2024
In developing a program of vocational rehabilitation for an
				injured employee pursuant to subsection 3 of
				NRS
				616C.555, a vocational rehabilitation
				counselor shall consider including in the program a period of not more than 28
				days during which the injured employee must search for a job. This period must
				commence after the injured employee has successfully completed the portion of
				the program involving training or education.
Added to NAC by Div. of
				Industrial Relations, eff. 3-28-94-Substituted in revision for NAC
				616.0824
NRS
				  616A.400,
				  616C.555
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.568 - Relocation: Expenses; notice of decision; limitations

Current through June 11, 2024
1. Except as otherwise provided in
			 NRS
			 616C.580, an insurer shall pay the expenses
			 incurred by an injured employee for relocating as part of a program of
			 vocational rehabilitation if the insurer determines that the injured employee
			 does not have a reasonable prospect of obtaining employment in the current
			 labor market of the area of this State where the injured employee resides,
			 considering the:
(a) Occupational aptitudes of
			 the injured employee as determined by the vocational rehabilitation counselor;
			 and
(b) Physical limitations of the
			 injured employee as established by the medically objective findings of the
			 treating physician or chiropractor.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.571 - Reimbursement for costs of transportation

Current through June 11, 2024
If an injured employee is required to travel more than 50 miles
				per day to participate in a program of vocational rehabilitation, an insurer
				shall reimburse the injured employee for the costs of transportation which must
				be computed at a rate equal to the mileage allowance for state employees who
				use their personal vehicles for the convenience of the State.
Added to NAC by Div. of
				Industrial Relations, eff. 1-20-94; A by R098-98, 12-18-98; R007-06,
				6-1-2006
NRS
				  616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.574 - Commencement of limits on length of program

Current through June 11, 2024
Except as otherwise provided in subsection 6 of
				NRS
				616C.555, the limitations on the length of a
				program of vocational rehabilitation, as prescribed in subsection 3 of
				NRS
				616C.555, commence on the day after the
				period for developing the program of vocational rehabilitation ends.
Added to NAC by Div. of
				Industrial Relations, eff. 3-28-94-Substituted in revision for NAC
				616.083
NRS
				  616A.400,
				  616C.555
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.577 - Vocational rehabilitation maintenance: Rate; commencement; timing of payments; termination; payment during development of program

Current through June 11, 2024
1. An insurer shall pay vocational
			 rehabilitation maintenance to an injured employee at the rate at which the
			 compensation for a temporary total disability is calculated, as provided in
			 NRS
			 616C.475.
2. The compensation for a temporary total
			 disability terminates and vocational rehabilitation maintenance commences on
			 the date on which an injured employee becomes eligible for vocational
			 rehabilitation benefits. An insurer shall pay the injured employee vocational
			 rehabilitation maintenance at least every 14 days thereafter until the injured
			 employee:
(a) Fails to:
(1) Cooperate with the insurer; or
(2) Participate in a program of vocational
			 rehabilitation;
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.580 - Consultation concerning proposed program of vocational rehabilitation; general requirements for offers of employment

Current through June 11, 2024
1. When a
			 consultation is held by a private carrier with an injured employee and the
			 treating physician or chiropractor with respect to whether a proposed program
			 of vocational rehabilitation is compatible with the physical limitations of the
			 injured employee, and the employer is present, the private carrier shall
			 explain to the employer:
(a) Any incentives
			 which are available to the employer if he or she participates in the vocational
			 rehabilitation of the injured employee;
(b) The estimated cost of the proposed
			 program of vocational rehabilitation; and
(c) That the cost of the program of
			 vocational rehabilitation will be included in the calculation of the employer's
			 experience rating.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.583 - Offer of employment: Light duty

Current through June 11, 2024
1. An offer of
			 employment at light duty to an injured employee by his or her employer must:
(a) Be in writing;
(b) Be mailed to both the insurer and the
			 injured employee; and
(c) Include:
(1) The net wage to be paid the injured
			 employee;
(2) The hours which the
			 injured employee will be expected to work;
(3) A reasonable description of the physical
			 requirements of the employment;
(4)
			 A reasonable description of the duties the injured employee will be expected to
			 perform;
(5) A description of any
			 fringe benefits of the employment; and
(6) The geographical location of the
			 employment.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.586 - Offer of employment: Termination of vocational rehabilitation services; limitations; light duty

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, an injured employee may no longer receive
			 vocational rehabilitation services if he or she receives an offer of gainful
			 employment which does not exceed any limitations imposed by a treating
			 physician or chiropractor.
2.
			 Employment offered pursuant to paragraph (b) of subsection 1 of
			 NRS
			 616C.590 is not deemed an offer of employment
			 if:
(a) The job offered is demeaning,
			 degrading, or subjects the employee to ridicule or embarrassment. Temporary
			 employment at light duty offered by the employer which is a part of the
			 employer's regular business operations shall not be deemed to be demeaning or
			 degrading or to subject the employee to ridicule or embarrassment.
(b) The net salary offered is less than the
			 starting salary a fellow employee would receive for performing similar
			 duties.
(c) The employee has no
			 reasonable prospect of continued employment.
(d) The employee accepted employment with
			 light duties but has been dismissed through no fault of his or her
			 own.
(e) The employment is offered
			 after the employee has commenced a program of vocational
			 rehabilitation.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.589 - Offer of employment: Compensation

Current through June 11, 2024
1. If the net wage
			 of the employment being offered to an injured employee by an employer is less
			 than the compensation for a temporary total disability, the insurer shall
			 inform the injured employee that the wage will be supplemented by compensation
			 for a temporary partial disability to equal the temporary total disability
			 rate.
2. As used in this section,
			 "net wage" has the meaning ascribed to it in subsection 9 of NAC
			 616C.598.
Added to NAC by Div. of
				Industrial Insurance Regulation, eff. 9-7-88; A by Div. of Industrial
				Relations, 1-20-94; R098-98, 12-18-98
NRS
				  616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.592 - Self-employment

Current through June 11, 2024
1. An insurer may not finance saleable
			 inventories in programs for self-employment. The prospective self-employed
			 owner must find financing for that purpose.
2. An injured employee who elects
			 self-employment rather than other types of rehabilitation may be required to
			 pay for part of the proposed business.
3. There must be a reasonable possibility of
			 success before the insurer may enter into an agreement for a program of
			 self-employment.
4. An adequate
			 report of an independent business consultant may be required before the insurer
			 approves a program of self-employment.
Industrial Comm'n, No.
				14.048, eff. 3-26-82; renumbered as 6.048, 6-30-82-NAC A by Div. of Industrial
				Relations by R098-98, 12-18-98
NRS
				  616A.400,
				  616C.600
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.595 - Return of employee to employment; reinstatement of vocational rehabilitation benefits

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, the return of an injured employee to
			 employment for which a person is customarily remunerated terminates his or her
			 eligibility for vocational rehabilitation benefits.
2. If the injured employee is unable to
			 perform the duties of a new job for reasons related to the injury or disease,
			 the insurer must reinstate vocational rehabilitation benefits. If the insurer
			 determines that the employee's duties at the new job exceed the physical
			 limitations of the employee as established by the physician or chiropractor who
			 initially released the injured employee for employment, the insurer may
			 reinstate the employee's vocational rehabilitation benefits if the employer
			 does not modify the duties of the job to conform to the injured employee's
			 physical limitations or otherwise does not reasonably accommodate the injured
			 employee within 10 days after receiving notice from the insurer of its
			 determination.
Industrial Comm'n, No.
				14.066, eff. 3-26-82; renumbered as 6.066, 6-30-82-NAC A by Div. of Industrial
				Insurance Regulation, 10-26-83; A by Div. of Industrial Relations,
				1-20-94-Substituted in revision for NAC 616.096
NRS
				  616A.400,
				  616C.590
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.598 - Compensation for temporary partial disability

Current through June 11, 2024
1. If
			 the wage that an injured employee receives upon reemployment is less than the
			 compensation for a temporary total disability to which he or she is entitled,
			 compensation for a temporary partial disability must be used to make up the
			 difference.
2. To calculate
			 compensation for a temporary partial disability, the wage earned upon
			 reemployment:
(a) Must be based on the net
			 wage; or
(b) Is that earned, on
			 average:
(1) On each of 7 days in succession,
			 if the calculation is for a weekly rate;
(2) On each of 14 days in succession, if the
			 calculation is for a biweekly rate; or
(3) On each day of the pay period, if the
			 calculation is for a semimonthly rate,
whichever is greater.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.601 - Suspension or termination of vocational rehabilitation benefits: Grounds; report by private carrier; notice; appeal

Current through June 11, 2024
1. An injured
			 employee who:
(a) Rejects a suitable program
			 of vocational rehabilitation which is offered to him or her;
(b) Rejects employment which is within the
			 limitations prescribed by a treating physician or chiropractor; or
(c) Refuses to cooperate with the insurer in
			 the development of a program of vocational rehabilitation or a search for a
			 job,
is subject to a suspension or termination of his or her
				vocational rehabilitation benefits.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.604 - Claimants outside of State

Current through June 11, 2024
1. No payment will
			 be made for medical care and vocational rehabilitation services which are
			 provided outside the State without the prior written approval of the insurer or
			 a designated agent thereof unless good cause is shown for not obtaining prior
			 approval.
2. An injured employee
			 who is eligible for vocational rehabilitation services outside the State may be
			 required to return to this State at his or her own expense:
(a) If gainful employment is offered in this
			 State.
(b) For an evaluation of his
			 or her disability and an assessment of the prospects for rehabilitation before
			 any program of vocational rehabilitation will be approved.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.607 - Effect of injury received during program of vocational rehabilitation

Current through June 11, 2024
If a previously injured employee is injured, or his or her
				condition worsens for reasons related to the industrial injury or the
				occupational disease, while participating in an approved program of vocational
				rehabilitation and receiving vocational rehabilitation maintenance, the injured
				employee is entitled to continue receiving vocational rehabilitation
				maintenance in an amount equal to the compensation for a temporary total
				disability which he or she received under the claim which required the
				vocational rehabilitation services.
Industrial Comm'n, No.
				14.098, eff. 3-26-82; renumbered as 6.098, 6-30-82-NAC A by Div. of Industrial
				Insurance Regulation, 10-26-83; A by Div. of Industrial Relations,
				1-20-94-Substituted in revision for NAC 616.106
NRS
				  616A.400,
				  616C.575
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.610 - Right to appeal

Current through June 11, 2024
An injured employee who has been denied vocational
				rehabilitation services or has had vocational rehabilitation services
				terminated has the same rights of hearing and appeal as are outlined for other
				injured employees in chapters 616A to 617, inclusive, of NRS.
Industrial Comm'n, No.
				14.050, eff. 7-1-73; A 3-26-82; renumbered as 6.050, 6-30-82-NAC A by Div. of
				Industrial Insurance Regulation, 2-22-88; A by Div. of Industrial Relations,
				3-28-94-Substituted in revision for NAC 616.110
NRS
				  616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › VOCATIONAL REHABILITATION SERVICES › Section 616C.613 - Reports of employee exposure and claims (Repealed)

Current through June 11, 2024
Industrial Comm'n, No.
				22.020, eff. 7-1-73; renumbered as 12.060, 6-30-82; No. 22.030, eff. 7-1-73;
				renumbered as 12.070, 6-30-82-NAC A by Div. of Industrial Insurance Regulation,
				10-26-83-Substituted in revision for NAC 616.134;	R
				by
				R028-23A,
				eff. 2/20/2024
NRS 616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › CESSATION OF WORKERS' COMPENSATION COVERAGE BY INSURER › Section 616C.675 - Notification by insurer of Administrator; contents

Current through June 11, 2024
An insurer shall notify the Administrator at least 60 days
				before ceasing to provide workers' compensation coverage in this State. The
				notification must include, without limitation, the name, business address and
				physical location of the person who will assume responsibility for the open and
				closed claims of the insurer after the insurer ceases providing workers'
				compensation coverage in this State.
Added to NAC by Div. of
				Industrial Relations by R098-98, 12-18-98, eff.
				7-1-99
NRS
				  616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › GENERAL PROVISIONS › Section 616D.005 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in:
1.NRS 616A.030 to 616A.360, inclusive; and
2. NAC 616A.015 to 616A.275, inclusive, and 616D.0055 to 616D.008, inclusive,
have the meanings ascribed to them in those sections.
Supplied in codification; A by Industrial Insurance System by R165-97, 12-31-97, eff. 1-1-98; A by Div of Industrial Relations by R167-97 & R168-97, 1-30-98
NRS 616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › GENERAL PROVISIONS › Section 616D.0055 - "Audit period" defined

Current through June 11, 2024
"Audit period" means the period over which:
1. An insurer will review; or
2. The Administrator will review or direct an insurer to review,
the records of each employer that is insured by the insurer to verify that payrolls were accurately reported.
Added to NAC by Div. of Industrial Relations by R168-97, eff. 1-30-98
NRS 616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › GENERAL PROVISIONS › Section 616D.006 - "Communication relating to the medical disposition" defined

Current through June 11, 2024
"Communication relating to the medical disposition" means any discussion concerning:
1. The injured employee's:
(a) Current medical condition; and
(b) Past or predicted future condition if such information is relevant to the determination of the employee's eligibility for compensation or accident benefits pursuant to chapters 616A to 616D, inclusive, of NRS.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › GENERAL PROVISIONS › Section 616D.0065 - "Compensated representative of an injured employee" defined

Current through June 11, 2024
"Compensated representative of an injured employee" means any person who receives payment for assisting an injured employee to obtain compensation or accident benefits pursuant to chapters 616A to 616D, inclusive, of NRS, regardless of whether the person is paid by the injured employee or a third party.
Added to NAC by Div. of Industrial Relations by R167-97, eff. 1-30-98
NRS 616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › GENERAL PROVISIONS › Section 616D.007 - "Expected annual premium" defined

Current through June 11, 2024
"Expected annual premium" means an estimate of the total amount of money to be paid by an employer to his or her insurer to provide, secure and maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS for a fiscal or calendar year.
Added to NAC by Div. of Industrial Relations by R168-97, eff. 1-30-98
NRS 616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › GENERAL PROVISIONS › Section 616D.008 - "Log of oral communications" defined

Current through June 11, 2024
"Log of oral communications" means a record, in a written form or in a form from which a written record may be produced, maintained by a person specified in subsection 1 of NRS 616D.330 of any oral communication the person initiated with an injured employee's examining or treating physician or chiropractor, or an employee of the examining or treating physician or chiropractor, relating to the medical disposition of a claim of an injured employee.
Added to NAC by Div. of Industrial Relations by R167-97, eff. 1-30-98
NRS 616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.009 - "Administrator" defined

Current through June 11, 2024
As used in NAC 616D.009 to 616D.075, inclusive, unless the context otherwise requires, "Administrator" means the Administrator or a person designated by him or her to conduct a hearing.
Added to NAC by Div. of Industrial Relations by R006-97, eff. 12-9-97; A by R092-98, 12-18-98
NRS 616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.010 - Procedure at hearings

Current through June 11, 2024
At any hearing, an insurer, employer or injured employee, or counsel for any of them or the Administrator may:
1. Call and examine witnesses;
2. Introduce into evidence written exhibits relevant to the issues to be decided;
3. Cross-examine opposing witnesses on any matter relevant to the issues of the case; and
4. Submit written legal arguments.
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial Relations by R006-97, 12-9-97
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.012 - Scheduling of prehearing conference

Current through June 11, 2024
The Administrator may schedule a prehearing conference in any case to discuss settlement, discovery, scheduling or other matters pertinent to the case and may enter any order relating to those matters.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.014 - Purposes of prehearing

Current through June 11, 2024
A prehearing may be held for:
1. Speeding up the pending case.
2. Hearing motions.
3. Mediating a settlement.
4. Submittal of documentary evidence.
5. Narrowing issues.
6. Setting a convenient date for the main hearing.
7. Any other purpose which would facilitate the proceedings.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.016 - Failure to comply with regulations

Current through June 11, 2024
If a party or his or her counsel fails or refuses to comply with NAC 616D.009 to 616D.075, inclusive, the Administrator may make such orders as are necessary to direct the course of the hearing, including, without limitation:
1. Continuing the hearing until the party or his or her counsel complies with the requirements.
2. Restricting or prohibiting the introduction of evidence.
3. Dismissing the matter.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.020 - Representation in proceedings

Current through June 11, 2024
1. An insurer or employer may be represented in any proceeding before the Administrator by a corporate officer, employee or other authorized representative.
2. Any attorney appearing on behalf of a party in a proceeding before the Administrator must be licensed to practice law before all the courts of this State.
3. The counsel of record shall be deemed to be counsel for the party in all proceedings before the Administrator until written notice of the withdrawal and substitution of counsel is filed with the Administrator.
4. Counsel for an injured employee who filed a complaint with the Division pursuant to NRS 616D.130 shall be deemed to be the counsel of record for the injured employee in all proceedings before the Administrator arising from the complaint, until written notice of the withdrawal and substitution of counsel is filed with the Administrator.
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial Relations by R006-97, 12-9-97; R092-98, 12-18-98
NRS 616A.400
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.022 - Request for interpreter

Current through June 11, 2024
A party who requires assistance in interpreting the English language during a proceeding before the Administrator must notify the Administrator in writing at least 10 days before the hearing at which such assistance is required. The Administrator will appoint an interpreter and arrange for the interpreter to attend the hearing at no cost to the party who requires such assistance.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.030 - Continuances

Current through June 11, 2024
A hearing before the Administrator may be continued by the Administrator upon:
1. His or her own motion for good cause;
2. The written stipulation of the parties to the proceeding if written approval is given by the Administrator and the continuance is obtained not less than 5 days before the scheduled hearing; or
3. An affidavit showing good cause filed by a party to the proceeding not less than 5 days before the scheduled hearing.
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial Relations by R006-97, 12-9-97
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.040 - Materials to be filed before hearing; time for filing; filing by Administrator of statement of position

Current through June 11, 2024
1. Within the times prescribed in subsection 2, each party shall file with the Administrator and serve upon all other parties:
(a) All documents to be introduced as evidence at the hearing;
(b) A statement of the issues to be raised;
(c) A list of witnesses, a brief summary of proposed testimony and a statement indicating whether any of the testimony is to be taken by use of the telephone; and
(d) An estimate of the length of time required to present the case, including rebuttal testimony and argument.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.042 - Request for issuance of subpoena; approval or denial of request

Current through June 11, 2024
1. A party who wishes the Administrator to issue a subpoena requiring the attendance of a witness or the production of a book, account, paper, record or other document must submit a request for a subpoena to the Administrator:
(a) At any prehearing conference held in the matter;
(b) At least 10 days before the hearing; or
(c) As otherwise allowed by the Administrator.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.044 - Failure to comply with order or subpoena

Current through June 11, 2024
1. A party aggrieved by the failure or refusal of a person to comply with an order or subpoena may apply to the Administrator for an order certifying the disobedience or refusal to comply.
2. Upon receipt of such an application, the Administrator will notify the disobedient person to show cause why such an order should not be issued.
3. After the hearing, if the Administrator determines an order is appropriate, he or she will issue an order certifying disobedience or refusal to comply to the party who applied for the order.
4. Upon receipt of such an order, the party may, on behalf of the Administrator, file with the appropriate district court an application to compel obedience.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.046 - General requirements for motions

Current through June 11, 2024
1. All motions, except motions made during a hearing, must be filed with the Administrator and a copy thereof served by the moving party upon all other parties to the proceeding.
2. A party desiring to oppose a motion may serve and file a written opposition to the motion within 10 days after service of the motion.
3. The moving party may serve and file a reply within 5 days after service of the opposition to the motion.
4. Points and authorities may be filed with the motion.
5. All motions must be submitted for decision:
(a) Within 10 days after the filing of the motion if a written opposition is not filed;
(b) Within 5 days after the filing of a written opposition; or
(c) At the time designated by the Administrator if a hearing on the motion has been ordered.
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.048 - Motion for change of venue

Current through June 11, 2024
1. A party who wishes to transfer a hearing to or from Carson City or Las Vegas must submit a written motion for a change of venue to the Administrator at least 10 days before the scheduled hearing. The motion must be accompanied by an affidavit from the moving party which sets forth whether or not any other party to the proceeding opposes the motion. The moving party must serve a copy of the motion on all other parties to the proceeding.
2. A motion for a change of venue must be administered pursuant to NAC 616D.046.
Added to NAC by Div. of Industrial Relations by R092-98, eff. 12-18-98
NRS 616A.400, 616D.050
Nevada Administrative Code › Chapter 616D - Industrial Insurance: Administrative Proceedings and Enforcement › PROCEEDINGS BEFORE ADMINISTRATOR › Section 616D.050 - Admission of testimony or other evidence; applicable rules of evidence

Current through June 11, 2024
1. At a hearing before the Administrator, any relevant testimony or other evidence may be admitted, except where precluded by law, if it is reasonably reliable.
2. The rules of evidence applicable to contested cases pursuant to chapter 233B of NRS apply to a hearing before the Administrator.
Added to NAC by Div. of Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial Relations by R006-97, 12-9-97; R092-98, 12-18-98
NRS 616A.400, 616D.050