reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.303 - Papers and documents

Current through June 11, 2024
1. Papers and
				documents filed pursuant to NAC 616C.282 to 616C.336, inclusive, need not
				conform to any particular format.
2. All papers and documents and copies
				thereof must be legible.
3. A party
				shall furnish to the counsel for any other party, or to the party if he or she
				is not represented by counsel, copies of all papers and documents served upon
				any party or filed with the appeals officer.
4. Papers and documents offered as evidence,
				except for good cause shown, must not be marked with highlighting, underlining,
				any annotation, or other device that serves to draw attention to one part of
				the document over another part or one document over another document or to
				comment on the contents of the document.
5. Papers and documents submitted to an
				appeals officer must:
(a) Have any personal
				identifying information redacted; and
(b) If personal identifying information has
				been redacted, include an affirmation that the submitted papers and documents
				do not contain the personal identifying information of any person,
unless the identity of the person is at issue.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.305 - Request or application to permit discovery by deposition, interrogatories or production of documents

Current through June 11, 2024
1. A party who
				wishes an appeals officer to permit discovery by deposition, interrogatories or
				production of documents must request such discovery at any prehearing
				conference held in the matter or submit a written application to that officer
				at least 30 days before the hearing. The application must:
(a) Set forth the reason why the discovery is
				necessary; and
(b) Be accompanied
				by the appropriate orders for discovery.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.306 - Proposed findings of fact and conclusions of law; motion to amend

Current through June 11, 2024
1. An appeals officer may order a party to
				prepare proposed findings of fact and conclusions of law.
2. If an appeals officer orders a party to
				prepare proposed findings of fact and conclusions of law, the party shall,
				within 10 days after the appeals officer issues the order or as otherwise
				specified by the appeals officer:
(a) Submit
				the proposed findings of fact and conclusions of law to the appeals officer;
				and
(b) Serve upon the opposing
				party or, if the opposing party is represented, upon the counsel or licensed
				representative of the opposing party, a copy of the proposed findings of fact
				and conclusions of law.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.307 - Evidence recorded on videotape, digitally or in any other electronic medium

Current through June 11, 2024
1. A party who
				wishes to introduce evidence before an appeals officer that is recorded on
				videotape, as a digital recording or in any other electronic medium, must
				submit to the appeals officer a written request therefor and a summary of the
				evidence so recorded in the statement of the issues to be raised at the hearing
				at least 14 days before the hearing or as otherwise allowed by the appeals
				officer.
2. The appeals officer
				shall grant or deny the request within 5 days after the receipt of the
				request.
3. The party requesting
				the introduction of such evidence shall:
(a)
				At least 14 days before any hearing, or as otherwise allowed by the appeals
				officer, provide, free of charge, an unedited copy of the evidence to the
				opposing party and, if requested, to the appeals officer; and
(b) Provide all equipment necessary to
				display the videotape, digital recording or other electronic media at the
				hearing.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.309 - Testimony by telephone

Current through June 11, 2024
1. Testimony may be
				taken by a hearing or appeals officer by use of the telephone. The hearing or
				appeals officer shall determine any issues relating to the credibility of such
				testimony in the same manner as the credibility of any other testimony is
				determined.
2. A person providing
				testimony by a long distance telephone call shall pay the costs of the
				telephone call and provide billing information or otherwise accept the charges
				for the call when presenting testimony at the hearing.
3. If a party requests to present testimony
				by telephone and is not available to do so when the hearing or appeals officer
				places the call, the party shall be deemed to have failed to appear.
Added to NAC by
				  Hearings Div., eff. 11-26-84; A 5-23-96
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.312 - General requirements for motions

Current through June 11, 2024
1. All motions,
				except those made during the hearing, must be filed with the appeals officer
				and a copy thereof served by the moving party upon all other parties.
2. Within 10 days after the service of a
				motion, an opposing party may serve and file its written opposition
				thereto.
3. Points and authorities
				may be filed with the motion.
4.
				All motions are submitted for decision:
(a)
				Ten days after the filing of the motion if a written opposition is not
				filed;
(b) Five days after the
				filing of a written opposition; or
(c) At the time designated by the appeals
				officer if a hearing on the motion has been ordered.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.313 - 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 hearing or appeals officer with
				whom the contested claim was filed at least 10 days before the scheduled
				hearing. The moving party must serve a copy of the motion on all other
				parties.
2. A motion for a change
				of venue must be administered pursuant to NAC 616C.312.
Added to NAC by
				  Hearings Div., eff. 5-23-96
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.315 - Stay of decision of hearing officer

Current through June 11, 2024
1. An
				application for a stay of a decision of a hearing officer must:
(a) Be filed with an appeals
				officer;
(b) Be served on all
				opposing parties;
(c) Contain
				supporting points and authorities; and
(d) Include alternate proposed orders
				approving and denying the application.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.318 - Continuances

Current through June 11, 2024
Continuance of any matter set for hearing before a hearing
				  officer or an appeals officer may be granted by the hearing officer or appeals
				  officer only upon:
1. His or her own
				motion, for good cause;
2. Written
				stipulation of the parties and written approval of the hearing officer or
				appeals officer obtained not less than 5 days before the scheduled hearing, but
				stipulations are not necessarily good cause; or
3. Affidavit showing good cause filed by a
				party not less than 5 days before the scheduled hearing.
Added to NAC by
				  Hearings Div., eff. 11-26-84-Substituted in revision for NAC
				  616.6226
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.320 - Conduct of parties

Current through June 11, 2024
All parties to a hearing or other proceeding conducted
				  pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617
				  of NRS or regulations adopted pursuant to those chapters, their counsel or
				  licensed representative and spectators shall conduct themselves in a
				  respectful, appropriate and professional manner.
Added to NAC by
				  Hearings Div. by R055-98, eff. 8-12-98
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.321 - Counsel of record

Current through June 11, 2024
Counsel of record shall be deemed to be counsel for the party
				  in all proceedings before the appeals officer until written notice of the
				  withdrawal and the substitution of counsel is filed with the appeals
				  officer.
Added to NAC by
				  Hearings Div., eff. 11-26-84-Substituted in revision for NAC
				  616.623
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.324 - Counsel to be licensed to practice law

Current through June 11, 2024
Any counsel appearing on behalf of a party in any proceeding
				  before an appeals officer must be licensed to practice law before all the
				  courts of this State.
Added to NAC by
				  Hearings Div., eff. 11-26-84-Substituted in revision for NAC
				  616.6235
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.327 - Rehearings

Current through June 11, 2024
1. A written petition for a rehearing based
				on good cause or newly discovered evidence may be filed with the appeals
				officer within 15 days after the service of a notice of the final decision. A
				copy of the petition must be served upon the other parties within the same
				time.
2. The appeals officer shall
				grant or deny the petition for rehearing within 15 days after the receipt of
				the petition. If the petition is granted, the rehearing must be held within 30
				days after the petition is granted.
Hearings Div., Practice
				  Rule XVI, eff. 2-26-80-NAC A 11-26-84; 5-23-96
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.328 - Judicial review

Current through June 11, 2024
If a party to an appeal seeks judicial review of the opinion
				  of an appeals officer pursuant to
				  NRS
				  616C.370:
1. The party shall, within 10 days after
				receiving the final decision of the court in which judicial review was sought,
				provide copies of the decision of the court to the appeals officer who rendered
				the opinion for which judicial review was sought.
2. The retention period for the files of the
				appeals officer concerning the appeal does not begin to run until the matter
				has reached a final determination from the highest court in which review is
				sought.
Added to NAC by
				  Hearings Div. by R055-98, eff. 8-12-98; A by R184-07,
				  9-29-2008
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.330 - Records of hearings

Current through June 11, 2024
1. Every hearing
				before an appeals officer must be recorded as provided in
				NRS
				616C.360.
2. A record of a proceeding maintained by the
				appeals officer is the official record of the proceeding.
3. The parties may supplement or amend the
				record upon a written stipulation approved by the appeals officer.
4. After a transcript has been filed with the
				appeals officer, it is available for review in the office of the appeals
				officer by any party to the proceeding.
Hearings Div., Practice
				  Rule X, eff. 2-26-80-NAC A by R184-07, eff. 9-29-2008-Substituted in revision
				  for NAC 616.6246
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.333 - Reimbursement for expenses incurred for attendance at hearing

Current through June 11, 2024
1. A claimant requesting reimbursement for
				expenses incurred for attendance at a hearing shall complete the form entitled
				"Request for Reimbursement of Expenses for Travel and Lost Wages" and submit it
				to the insurer.
2. The insurer may
				require:
(a) The claimant to submit receipts
				for food and lodging; and
(b) The
				employer to submit verification of the claimant's wages.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.334 - Interpretation of certain terms used in NRS 616D.065 ; payment of certain costs by attorney or licensed representative

Current through June 11, 2024
1. As used in
				NRS
				616D.065, the Hearings Division will
				interpret:
(a) "Costs that are incurred by the
				Hearings Division of the Department of Administration for a court reporter" to
				include, without limitation, costs associated with the recording and
				transcription of a hearing or other proceeding.
(b) "Order of the appeals officer" to
				include, without limitation:
(1) An order that
				directs a party to provide in a timely manner medical reports, videotapes or
				other evidence that the party proposes to introduce at a hearing or other
				proceeding;
(2) An order that
				directs a party to provide or allow discovery;
(3) A prehearing order; and
(4) An order granting or denying a
				stay.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.335 - Petitions concerning regulations

Current through June 11, 2024
1. A petition
				requesting that the Hearings Division adopt, file, amend or repeal a regulation
				must include, without limitation:
(a) The name
				and address of the petitioner;
(b)
				A clear and concise statement of the regulation to be adopted, filed, amended
				or repealed;
(c) The reason for the
				adoption, filing, amendment or repeal of the regulation;
(d) The statutory authority for the adoption,
				filing, amendment or repeal of the regulation; and
(e) If the petition is requesting the
				adoption or amendment of a regulation, the full text of that proposed
				regulation or amendment.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Contested Claims of Injured Employees › Section 616C.336 - Clarification of regulations and relief from strict application

Current through June 11, 2024
To the extent not elsewhere provided in NAC 616C.274 to
				  616C.336, inclusive, clarification of those sections or relief from the strict
				  application of any of their terms may be obtained by filing with the appeals
				  officer a written motion supported by affidavit or points and authorities,
				  copies of which must be served upon all parties.
Added to NAC by
				  Hearings Div., eff. 11-26-84; A by R055-98,
				  8-12-98
NRS
					 616C.310
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.350 - Definitions

Current through June 11, 2024
As used in NAC to 616C.377, inclusive, unless the context
				  otherwise requires:
1. "Department"
				means the Department of Administration.
2. "Director" means the Director of the
				Department of Administration.
3.
				"Representative" means a person required to be licensed pursuant to
				NRS
				616C.325.
Added to NAC by Comm'r
				  of Insurance, eff. 5-23-88; A 5-27-92; A by Dep't of Administration,
				  5-23-96
NRS
					 616C.325
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.353 - Application for license; necessary documentation; persons required to comply

Current through June 11, 2024
1. Except as
				otherwise provided in this section, an applicant for licensing as a
				representative shall submit to the Department:
(a) An application, in a form prescribed by
				the Director, showing that he or she:
(1) Is
				at least 18 years of age;
(2) Is of
				good moral character;
(3) Is
				competent to transact business and discharge the responsibilities of a
				representative; and
(4) Maintains a
				place of business as required by NAC 616C.365; and
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.356 - Information concerning prior licensing of applicant

Current through June 11, 2024
With respect to any license required to practice a profession
				  or occupation, an applicant shall indicate in the application whether he or
				  she:
1. Has ever been denied such a
				license;
2. Has ever had a license
				revoked or suspended, or its renewal denied; or
3. Has ever been subject to other
				disciplinary action by a licensing authority.
Added to NAC by Comm'r
				  of Insurance, eff. 5-23-88-Substituted in revision for NAC
				  616.2512
NRS
					 616C.325
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.359 - Examination required; exception; payment of fee for licensure

Current through June 11, 2024
1. Except as otherwise provided in subsection
				3, a natural person who:
(a) Applies for
				licensing as a representative; or
(b) Is a person described in subsection 4 of
				NAC 616C.353,
must take and pass, with a score of at least 75, a written
				  examination, in a form prescribed by the Director.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.362 - Verification of information provided by applicant; misstatement as ground for denial of license or disciplinary action

Current through June 11, 2024
Any information provided by an applicant is subject to
				  verification by the Director. Any material misstatement made by an applicant in
				  connection with his or her application is grounds for the denial of a license,
				  or for disciplinary action as provided in NAC 616C.368.
Added to NAC by Comm'r
				  of Insurance, eff. 5-23-88; A by Dep't of Administration,
				  5-23-96
NRS
					 616C.325
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.365 - Maintenance of place of business; notification of address and telephone number; submission of agreement for compensation

Current through June 11, 2024
A representative shall:
1. Maintain a place of business in this State
				at which the representative or an employee can be contacted during regular
				business hours. Any books or records relating to his or her clients in this
				State must be kept at that place of business.
2. Notify the Division, in writing, of the
				current mailing address and telephone number of his or her place of business,
				and of any change of address or telephone number within 10 days after the date
				the change becomes effective.
3.
				Submit to the Division, within 30 days after the effective date of the
				agreement, a copy of any written agreement under the terms of which the
				representative is to be compensated for his or her services as a
				representative.
Added to NAC by Comm'r
				  of Insurance, eff. 5-23-88; A 5-27-92-Substituted in revision for NAC
				  616.2515
NRS
					 616C.325
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.368 - Grounds for revocation, limitation, suspension or refusal to renew license

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, the Director may revoke, limit, suspend for a period of not more than 1
				year, or refuse to renew any license issued pursuant to NAC 616C.350 to
				616C.377, inclusive, for any of the following causes:
(a) Any cause for which issuance of the
				license might have been refused, had its existence been known to the
				Director.
(b) Violation, or aiding,
				abetting or assisting in a violation, of any order of the Director, any
				applicable provision of
				NRS
				616D.120, or any other applicable provision
				of chapters 616A to 617, inclusive, of NRS, or chapters 616A to 617, inclusive,
				of NAC.
(c) Any material
				misstatement made by an applicant in connection with his or her
				application.
(d) Any
				misappropriation or conversion of money or other property received in the
				conduct of the business of a representative.
(e) Any unlawful withholding of money or
				other property received in the conduct of the business of a
				representative.
(f) Any other
				fraudulent, coercive or dishonest conduct.
(g) Any other conduct by which a
				representative has shown himself or herself to be incompetent, untrustworthy,
				financially irresponsible or a source of injury to the public.
(h) Any other conduct, including any
				misconduct in the presence of a hearing officer or an appeals officer, which
				indicates that the representative lacks knowledge or understanding of the
				fundamentals or practice of worker's compensation law.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.372 - Notice to licensee of revocation, limitation, suspension or refusal to renew license; rehearing

Current through June 11, 2024
1. If the Director
				revokes, limits, suspends or refuses to renew a license issued pursuant to NAC
				616C.350 to 616C.377, inclusive, the Director will send notice of the action to
				the licensee by certified mail, return receipt requested.
2. A licensee may appeal the decision of the
				Director to revoke, limit, suspend or refuse to renew his or her license by
				requesting in writing a rehearing before the Director within 30 days after the
				licensee receives the notice pursuant to subsection 1.
3. Within 60 days after receipt of a request
				for a rehearing, the Director or a designee thereof will hold the
				rehearing.
4. The rehearing before
				the Director or a designee and any appeal therefrom must be conducted in the
				manner set forth in chapter 233B of NRS.
Added to NAC by Dep't
				  of Administration, eff. 5-23-96
NRS
					 616C.325
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.374 - Relicensing after revocation of license

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, no representative whose license is revoked
				may apply for relicensing for 1 year after the date the revocation becomes
				final.
2. No representative whose
				license is twice revoked may thereafter apply for relicensing.
Added to NAC by Comm'r
				  of Insurance, eff. 5-23-88-Substituted in revision for NAC
				  616.2518
NRS
					 616C.325
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Licensing of Representatives for Contested Claims › Section 616C.377 - Surrender of license upon revocation or suspension

Current through June 11, 2024
Upon the revocation or suspension of his or her license, a
				  representative shall forthwith surrender the license to the Department. If the
				  license has been stolen, lost, or destroyed, the representative shall submit an
				  affidavit, in a form prescribed by the Director, setting forth the facts
				  concerning the theft, loss, or destruction.
Added to NAC by Comm'r
				  of Insurance, eff. 5-23-88; A 5-27-92; A by Dep't of Administration,
				  5-23-96
NRS
					 616C.325
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Uninsured Employers › Section 616C.393 - Investigation of claim against uninsured employer: Report of findings; information to be sent to Administrator

Current through June 11, 2024
1. If a private
				carrier conducts an investigation regarding a claim against an uninsured
				employer, a report of its findings must be prepared.
2. Upon completion of the investigation, a
				copy of all available information from the file, including, without limitation,
				the investigative report, must be sent to the Administrator.
Added to NAC by Div. of
				  Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial
				  Relations by R098-98, 12-18-98; R098-98, 12-18-98, eff.
				  7-1-99
NRS
					 616A.400
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Uninsured Employers › Section 616C.396 - Investigation of claim against uninsured employer: Conditions for refusal to assign claims; notice of right of appeal

Current through June 11, 2024
1. The Workers'
				Compensation Section will investigate each claim against an uninsured employer
				to determine whether the claim will be assigned to the third-party
				administrator or insurer designated by the Division pursuant to
				NRS
				616C.220 for the payment of benefits from the
				Uninsured Employers' Claim Account. The Workers' Compensation Section will
				refuse to assign the claim if:
(a) The
				private carrier has failed to exhaust its remedies by failing to charge the
				claim against any existing policies of the employer of the employee or any
				principal contractor who is liable for the payment of compensation;
(b) The claim includes a person excluded as
				an employee pursuant to
				NRS
				616A.110;
(c) The notice of the claim fails to include
				the documents which support the claim;
(d) The claim fails to satisfy any provision
				of NRS
				616C.220; or
(e) The injured employee fails to complete
				and return to the Workers' Compensation Section:
(1) Form D-16, Notice of Election for
				Compensation Benefits Under the Uninsured Employer Statutes;
(2) Form D-17, Employee's Claim for
				Compensation - Uninsured Employer; or
(3) Form D-18, Assignment to Division for
				Workers' Compensation Benefits, within 30 days after receiving the form from
				the Workers' Compensation Section.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Uninsured Employers › Section 616C.399 - Billing of claims assigned to designated third-party administrator or insurer; reimbursement of Uninsured Employers' Claim Account

Current through June 11, 2024
1. If a claim against an uninsured employer
				is assigned by the Administrator to the third-party administrator or insurer
				designated by the Division pursuant to
				NRS
				616C.220, that third-party administrator or
				insurer shall bill the Division for compensation paid on the claim. The
				designated third-party administrator or insurer shall submit such a bill to the
				Division within 90 days after the date on which it paid the compensation unless
				it shows good cause for later submission. If good cause is shown, the
				designated third-party administrator or insurer shall submit such a bill not
				later than 6 months after the date on which it paid the compensation. The
				designated third-party administrator or insurer shall present with any billing
				copies of invoices, benefit checks, change orders, journal entries and
				employer's claims expense reports to evidence each transaction or payment made
				on the claim. The Division shall promptly reimburse the designated third-party
				administrator or insurer for only those billings supported by such
				evidence.
2. The designated
				third-party administrator or insurer shall reimburse the Uninsured Employers'
				Claim Account for a repayment or reimbursement received by it within 30 days
				after receipt of the repayment or reimbursement.
Added to NAC by Div. of
				  Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial
				  Relations by R098-98, 12-18-98
NRS
					 616A.400,
					 616C.220
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Uninsured Employers › Section 616C.402 - Notice of closure or reopening of claim

Current through June 11, 2024
1. If a claim
				against an uninsured employer is closed, the third-party administrator or
				insurer designated by the Division pursuant to
				NRS
				616C.220 shall send a copy of or deliver by
				electronic transmission the closure notice to the Division at the same time at
				which the notice is delivered to the injured employee pursuant to
				NRS
				616C.235.
2. If a claim against an uninsured employer
				is reopened, the designated third-party administrator or insurer shall send a
				copy of or deliver by electronic transmission the reopening notice to the
				Division at the same time at which the notice is delivered to the injured
				employee.
Added to NAC by Div. of
				  Industrial Insurance Regulation, eff. 2-22-88; A by Div. of Industrial
				  Relations by R098-98, 12-18-98; R105-00, 1-18-2001, eff.
				  3-1-2001
NRS
					 616A.400,
					 616A.417,
					 616C.220
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Uninsured Employers › Section 616C.405 - Investigation and administration of claim by employee of uninsured employer

Current through June 11, 2024
The Administrator will:
1. Direct an immediate investigation of each
				claim of an employee of an uninsured employer which is received.
2. Notify the injured employee and the
				employer in writing of the determination of the Administrator on the claim
				within 30 days after receipt of the claim.
3. Deliver copies of accepted claims and the
				assignment of rights of action of the injured employee to the
				employer.
4. Advise the employer
				that he or she will be billed monthly for all expenses incurred in the
				settlement of accepted claims.
5.
				Take any action necessary to collect from the uninsured employer the cost
				incurred in the settlement of accepted claims.
Industrial Comm'n, No.
				  27.020, eff. 9-25-75; renumbered as 16.020, 6-30-82-NAC A by Div. of Industrial
				  Relations by R098-98, 12-18-98
NRS
					 616A.400,
					 616C.220
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › DETERMINATION AND PAYMENT OF BENEFITS › Uninsured Employers › Section 616C.408 - Payment of attorney's fees

Current through June 11, 2024
1. If the Division
				uses the services of an attorney employed by the Division to carry out the
				provisions of
				NRS
				616C.220, the Division may require the
				uninsured employer to pay attorney's fees in an amount equal to the gross
				hourly wage and all benefits paid to that employee by the Division while
				providing those services.
2. If the
				Division uses the services of an attorney who is not employed by the Division
				to carry out the provisions of
				NRS
				616C.220, the Division may require the
				uninsured employer to pay the actual amount of the attorney's fees
				charged.
Added to NAC by Div. of
				  Industrial Relations by R118-02, eff. 9-7-2005
NRS
					 616A.400,
					 616C.220
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.420 - "Average monthly wage" defined

Current through June 11, 2024
As used in NAC 616C.420  to 616C.444, inclusive, "average
				  monthly wage" means the total gross value of all money, goods and services
				  received by an injured employee from his or her employment to compensate for
				  his or her time or services and is used as the base for calculating the rate of
				  compensation for the injured employee.
Industrial Comm'n, No.
				  40 §1, eff. 3-26-82-NAC A by Div. of Industrial Insurance Regulation,
				  8-30-91; A by Div. of Industrial Relations by R098-98, 12-18-98; 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,
					 616C.420
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.423 - Items included in average monthly wage

Current through June 11, 2024
1.
				Money, goods and services which are paid within the period used to calculate
				the average monthly wage include, but are not limited to:
(a) Wages;
(b) Commissions which are prorated over the
				period used to calculate the average monthly wage;
(c) Incentive pay;
(d) Payment for sick leave;
(e) Bonuses which are prorated over the
				period used to calculate the average monthly wage;
(f) Termination pay;
(g) Tips which are collected and disbursed by
				the employer which are not paid at the discretion of the customer;
(h) Tips reported by the employee pursuant to
				NRS
				616B.227;
(i) Allowance for tools or for the rental of
				hand and power tools not normally provided by the employee;
(j) Salary;
(k) Payment for piecework;
(l) Payment for vacation;
(m) Payment for holidays;
(n) Payment for overtime;
(o) Payment for travel when it is paid to
				compensate the employee for the time spent in travel; and
(p) The reasonable market value of either
				board or room, or both. At least $150 per month will be allowed for board and
				room, $5 per day or $1.50 per meal for board, and $50 per month for a
				room.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.426 - Form for reporting amount received as tips

Current through June 11, 2024
An employee who reports the amount he or she receives in tips
				  pursuant to
				  NRS
				  616B.227 shall use the form prescribed for
				  that purpose by the United States Internal Revenue Service.
Added to NAC by Dep't
				  of Industrial Relations, eff. 1-8-86; A 8-30-91-Substituted in revision for NAC
				  616.673
NRS
					 616A.400,
					 616B.227,
					 616C.420
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.429 - Deemed wages

Current through June 11, 2024
Those wages which are deemed to be established in chapters
				  616A to 616D, inclusive, of NRS for certain groups of employees will be
				  considered the average monthly wage when applicable.
Industrial Comm'n, No.
				  40 § 13, eff. 3-26-82-Div. of Industrial
				  Relations
NRS
					 616A.400,
					 616C.420
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.432 - Calculation of average monthly wage

Current through June 11, 2024
The average monthly wage will be calculated by multiplying
				  the average daily wage of an employee during a period of earnings by 30.44. The
				  following formulas will be used to compute an average daily wage and an average
				  monthly wage:
1. Gross earnings
				divided by days in period of earnings = average daily wage.
2. Average daily wage x 30.44 = average
				monthly wage.
Industrial Comm'n, No.
				  40 § 5, eff. 3-26-82-Div. of Industrial
				  Relations
NRS
					 616A.400,
					 616C.420
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.435 - Period used to calculate average monthly wage

Current through June 11, 2024
1.
				Except as otherwise provided in this section, a history of earnings for a
				period of 12 weeks must be used to calculate an average monthly wage.
2. If a 12-week period of earnings is not
				representative of the average monthly wage of the injured employee, wages
				earned over a period of 1 year or the full period of employment, if it is less
				than 1 year, may be used. Wages earned over 1 year or the full period of
				employment, if it is less than 1 year, must be used if the average monthly wage
				would be increased.
3. If an
				injured employee is a member of a labor organization and is regularly employed
				by referrals from the office of that organization, wages earned from all
				employers for a period of 1 year may be used. A period of 1 year using all the
				wages of the injured employee from all his or her employers must be used if the
				average monthly wage would be increased.
4. If information concerning payroll is not
				available for a period of 12 weeks, wages earned may be averaged for the
				available period, but not for a period of less than 4 weeks.
5. If information concerning payroll is
				unavailable for a period of at least 4 weeks, average wages earned must be
				projected using the rate of pay on the date of the injury or illness and the
				projected working schedule of the injured employee.
6. If wages earned are based on piecework and
				a history of earnings is unavailable for a period of at least 4 weeks, the
				wages earned must be determined as being equal to the average earnings of other
				employees doing the same work.
7.
				If these methods of determining a period of wages earned cannot be applied
				reasonably and fairly, an average monthly wage must be calculated by the
				insurer at 100 percent of:
(a) The sum which
				reasonably represents the average monthly wage of the injured employee as
				defined in NAC 616C.420  to 616C.444, inclusive, at the time the injury or
				illness occurs; or
(b) The amount
				determined using the hourly wage on the day the injury or illness occurs and
				the projected working schedule of the injured employee.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.438 - Calculation of days in period of earnings

Current through June 11, 2024
Each day within a period of earnings must be counted to
				  determine the period of employment, except for days on which an injured
				  employee was:
1. Absent because of a
				certified illness or disability, including, without limitation, time for which
				temporary disability payments were made;
2. Institutionalized in a hospital or other
				institution;
3. Enrolled as a
				full-time student and not employed on the days of attendance of
				school;
4. In military service
				other than training duty conducted on weekends;
5. Absent because of an officially sanctioned
				strike; or
6. Absent because of
				leave approved pursuant to the Family and Medical Leave Act of 1993,
				29 U.S.C. §§
										2601 et seq.
All other days in the period, including, without limitation,
				  days while on vacation, will be used to calculate the average monthly
				  wage.
Industrial Comm'n, No.
				  40 § 9, eff. 3-26-82-NAC A by Div. of Industrial Relations, 3-28-94;
				  R098-98, 12-18-98
NRS
					 616A.400,
					 616C.420
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.441 - Earnings used to calculate average monthly wage

Current through June 11, 2024
1. The
				earnings of an injured employee on the date on which an accident occurs or the
				date on which an injured employee is no longer able to work as a result of
				contracting an occupational disease will be used to calculate the average
				monthly wage.
2. As used in this
				section, "earnings" includes, without limitation, the money, goods and services
				set forth in NAC 616C.423.
Industrial Comm'n, No.
				  40 § 8, eff. 3-26-82-NAC A by Div. of Industrial Relations by R007-06,
				  6-1-2006
NRS
					 616A.400,
					 616C.420
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.444 - Change in job

Current through June 11, 2024
The average monthly wage of an employee who permanently or
				  temporarily changes to a job with different duties, rate of pay, or hours of
				  employment, must be calculated using only information concerning payroll which
				  relates to his or her primary job at the time of the accident. The preceding
				  sections apply in calculating the average monthly wage for such an
				  employee.
Industrial Comm'n, No.
				  40 § 11, eff. 3-26-82-NAC A by Div. of Industrial Relations,
				  3-28-94-Substituted in revision for NAC 616.686
NRS
					 616A.400,
					 616C.420
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Average Monthly Wage › Section 616C.447 - Concurrent employment (Repealed)

Current through June 11, 2024
Industrial Comm'n, No.
				  40 §12, eff. 3-26-82-NAC A by Dep't of Industrial Relations, 6-29-84; A by
				  Div. of Industrial Insurance Regulation, 2-22-88; A by Div. of Industrial
				  Relations by R098-98, 12-18-98, eff. 7-1-99; 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 Partial Disability › Section 616C.460 - Factors for determining percentage of permanent partial disability

Current through June 11, 2024
In determining the percentage of permanent partial disability
				  of an injured employee whose accident occurred before July 1, 1973, and whose
				  disability has not been shown on any applicable statutory schedule, the insurer
				  shall consider:
1. The following
				factors:
(a) The extent of the injured
				employee's physical impairment.
(b)
				The injured employee's age at the time of injury.
(c) The injured employee's occupation and
				number of years in the occupation.
(d) The loss of earning power caused by the
				injury.
(e) The incapacity for work
				as a result of the injury.
(f) The
				inability to find work as a result of the injury.
(g) Any previous disability.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.463 - Scope

Current through June 11, 2024
The provisions of NAC
				  616C.463 to
				  616C.487, inclusive:
1. Apply to ratings of permanent partial
				disabilities which are determined on or after May 1, 1997.
2. May not be used as the only basis for a
				change of circumstances pursuant to
				NRS
				616C.390 to require an increase of
				compensation for any ratings of permanent partial disability for injuries which
				occurred before May 1, 1997.
Comm'r of Insurance
				  & Industrial Comm'n, No. 41 §11, eff. 5-13-82-NAC A by Dep't of
				  Industrial Relations, 10-26-83; A by Div. of Industrial Relations by R009-97,
				  10-27-97;	A
				  by
				  R032-21A,
				  eff. 8/1/2023
NRS 616A.400,
					 616C.490, as amended by section
					 17 of Senate Bill No. 274, chapter 535, Statutes of Nevada 2023, at page
					 3630
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.476 - Rating physician or chiropractor: Performance of evaluation and calculation of entitlement to compensation

Current through June 11, 2024
1. A rating
				physician or chiropractor who performs an evaluation of a permanent partial
				disability shall evaluate the industrial injury or occupational disease of the
				injured employee as it exists at the time of the rating evaluation. The rating
				physician or chiropractor shall take into account any improvement or worsening
				of the industrial injury or occupational disease that has resulted from
				treatment of the industrial injury or occupational disease. The rating
				physician or chiropractor shall not consider any factor other than the degree
				of physical impairment of the whole person in calculating the entitlement to
				compensation.
2. In performing an
				evaluation of a permanent partial disability, a rating physician or
				chiropractor shall not use:
(a) Chapter 14,
				"Mental and Behavioral Disorders," of the
Guide
, unless the
				claim was accepted pursuant to
				NRS
				616C.180; or
(b) Chapter 18, "Pain," of the
Guide
.
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.479 - Rating physician: Form for evaluation of injury or disease caused by stress

Current through June 11, 2024
When performing an evaluation of a permanent partial
				  disability for a claim accepted pursuant to
				  NRS
				  616C.180, a rating physician shall use the
				  form designated in NAC
				  616A.480 as Form D-9c, Permanent
				  Work-Related Mental Impairment Rating Report Work Sheet, to determine the
				  percentage of impairment under Chapter 14, "Mental and Behavioral Disorders,"
				  of the Guide.
Added to NAC by Div. of
				  Industrial Relations by R108-09, eff. 6-30-2010; A by
				  R134-20A,
				  eff. 9/20/2022;	Added to NAC by Div. of Industrial Relations
				  by
				  R134-20RA,
				  eff. 12/19/2022;	A
				  by
				  R032-21A,
				  eff. 8/1/2023
NRS 616A.400,
					 616C.110,
					 616C.490, as amended by section
					 17 of Senate Bill No. 274, chapter 535, Statutes of Nevada 2023, at page
					 3630
Nevada Administrative Code › Chapter 616C - Industrial Insurance: Benefits for Injury or Death › COMPENSATION FOR INJURIES AND DEATH › Permanent Partial Disability › Section 616C.487 - Limitation on percentage of impairment

Current through June 11, 2024
The percentage of impairment in any specific rating or
				  combination of ratings may not exceed 100 percent of the applicable extremity
				  or of the whole person.
Comm'r of Insurance
				  & Industrial Comm'n, No. 41 § 8, eff. 5-13-82-NAC A by Div. of
				  Industrial Relations by R009-97, 10-27-97; R108-09,
				  6-30-2010
NRS
					 616A.400,
					 616C.490