reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSESSMENTS › Section 616B.728 - Change in ownership of property; cancellation of status as self-insured employer or association

Current through June 11, 2024
1. If the ownership
			 of property is transferred from one self-insured employer, association of
			 self-insured public employers or association of self-insured private employers
			 to another, or if a self-insured employer, association of self-insured public
			 employers or association of self-insured private employers acquires ownership
			 in a property for which workers' compensation insurance is provided by a
			 private carrier, the Division will transfer data relating to annual
			 expenditures for claims for that property to the new owner within 30 days after
			 receiving notification of the transfer of ownership, and the Division will
			 recompute the estimated annual assessments for the insurers only if it finds
			 the existence of a special circumstance justifying the recomputation.
2. If a self-insured employer elects to give
			 up his or her status as a self-insured employer and to be insured against
			 liability for workers' compensation by a private carrier, the Division will
			 recompute the estimated annual assessment for all insurers only if it finds the
			 existence of a special circumstance justifying the recomputation.
3. If an association of self-insured public
			 employers or association of self-insured private employers elects to give up
			 its status as an association of self-insured public employers or association of
			 self-insured private employers, as applicable, and its members elect to be
			 insured against liability for workers' compensation by a private carrier, the
			 Division will recompute the estimated annual assessment for all insurers only
			 if it finds the existence of a special circumstance justifying the
			 recomputation.
Added to NAC by Dep't of
				Industrial Relations, eff. 8-26-83; A by Div. of Industrial Relations by
				R112-98, 12-18-98; R112-98, 12-18-98, eff. 7-1-99; A by
				R134-20A,
				eff. 9/20/2022;
				Added to NAC by Div. of Industrial Relations by
				R134-20RA,
				eff. 12/19/2022
NRS 232.680,
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSESSMENTS › Section 616B.731 - Statement of assessment; additional assessments; payment

Current through June 11, 2024
1. The Division will issue to each insurer a
			 statement of his or her estimated annual assessment. The statement must include
			 the date on which the entire amount is due, or, if the insurer elects to pay
			 the assessment in quarterly payments, the amounts and dates on which the
			 payments are due. The Division shall send the statement by mail not less than
			 30 days before the date on which payment is due.
2. The Division shall not require a quarterly
			 payment more than 30 days before the first day of that quarterly
			 period.
3. Additional assessments
			 to preserve the solvency of:
(a) The Fund for
			 Workers' Compensation and Safety;
(b) The Uninsured Employers' Claim Account;
			 and
(c) The Subsequent Injury
			 Accounts,
may be issued by the Division.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSESSMENTS › Section 616B.734 - Calculation of final assessment; issuance of statement of assessment

Current through June 11, 2024
1. The Division will determine, on the basis
			 of reports issued by the State Controller for the previous fiscal year relating
			 to closing budgets and final trial balances, the amount of money disbursed from
			 and deposited in:
(a) The Fund for Workers'
			 Compensation and Safety;
(b) The
			 Uninsured Employers' Claim Account; and
(c) The Subsequent Injury Accounts for
			 Self-Insured Employers and Private Carriers.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSESSMENTS › Section 616B.737 - Refund; payment of deficit

Current through June 11, 2024
1. The
			 Administrator will return to an insurer any excess amount of the final annual
			 assessment paid by the insurer for the Fund for Workers' Compensation and
			 Safety or a Subsequent Injury Account.
2. If an insurer's final annual assessment
			 for any fund or account is greater than the estimated annual assessment paid by
			 the insurer during the previous fiscal year, the insurer shall pay the deficit
			 to the Division within 30 days after the date of receipt of any statement of
			 deficit. The payment must be deposited in the appropriate Fund or
			 Account.
Added to NAC by Dep't of
				Industrial Relations, eff. 8-26-83; A by Div. of Industrial Relations by
				R112-98, 12-18-98
NRS
				  232.680,
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSESSMENTS › Section 616B.740 - Penalty for late payment

Current through June 11, 2024
Except as otherwise provided in NAC 616B.7758 and 616B.7767,
				the Division may assess a penalty for the late payment, without good cause, of
				an assessment for the Fund for Workers' Compensation and Safety, the Subsequent
				Injury Accounts for Self-Insured Employers or Private Carriers or the Uninsured
				Employers' Claim Account in accordance with the provisions of
				NRS
				616D.120.
Added to NAC by Dep't of
				Industrial Relations, eff. 8-26-83; A by Div. of Industrial Relations by
				R112-98, 12-18-98; R096-99, 11-29-99
NRS
				  232.680,
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.760 - Claims against Account

Current through June 11, 2024
1. A claim for
			 reimbursement from the Subsequent Injury Account for Private Carriers pursuant
			 to
			 NRS
			 616B.587 or
			 616B.590
			 must be submitted, in writing, to the Administrator.
2. A private carrier who submits a claim
			 pursuant to subsection 1 shall include with the claim:
(a) All documents contained in the file of
			 the claim and any other supporting documents that the private carrier relies
			 upon or deems important for the determination of a claim; and
(b) A completed copy of the form entitled
			 "D-37, Insurer's Subsequent Injury Checklist," which is prescribed by the
			 Administrator. A copy of the form may be obtained from the Administrator at no
			 cost.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.7605 - Designation of person to accept service on behalf of private carrier submitting claim

Current through June 11, 2024
A claim for reimbursement from the Subsequent Injury Account
				for Private Carriers submitted pursuant to NAC 616B.760 must include, without
				limitation, the name of the person designated by the private carrier to accept
				service on behalf of the private carrier submitting the claim and the address
				and any facsimile number and electronic mail address at which that person may
				be served with notices, pleadings and other documents. Except as otherwise
				provided in NAC 616B.761, all notices, pleadings and other documents,
				including, without limitation, any determinations of the Administrator, must be
				served on the person designated in the claim pursuant to this section.
Added to NAC
				by Div. of Industrial Relations by
				R132-14,
				eff. 6/28/2016
NRS
				  616A.400,
				  616B.584,
				  616B.587,
				  616B.590
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.761 - Representation of private carrier by legal counsel or lay advocate; service on designated representative

Current through June 11, 2024
1. A private
			 carrier who is represented by legal counsel or a lay advocate shall, by service
			 on the Administrator, provide notice of the name and business address of the
			 legal counsel or lay advocate, as applicable, and any facsimile number and
			 electronic mail address at which the legal counsel or lay advocate must be
			 served with any notices, pleadings and other documents.
2. If a private carrier has provided the
			 notice required by subsection 1, the Administrator will thereafter serve all
			 notices, pleadings and other documents on the legal counsel or lay advocate
			 designated pursuant to subsection 1, as applicable, exclusively, unless the
			 private carrier provides written notice to the Administrator of a change in
			 representation.
Added to NAC
				by Div. of Industrial Relations by
				R132-14,
				eff. 6/28/2016
NRS
				  616A.400,
				  616B.584,
				  616B.587,
				  616B.590
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.7615 - Service on legal counsel designated by Administrator

Current through June 11, 2024
Except for the submission of a claim for reimbursement against
				the Subsequent Injury Account for Private Carriers pursuant to NAC 616B.760,
				service on the Administrator of any filing, pleading, notice or other document
				required by NAC 616B.760, 616B.763 and 616B.766 and sections 2 to 11,
				inclusive, of this regulation must be made on the legal counsel designated by
				the Administrator.
Added to NAC
				by Div. of Industrial Relations by
				R132-14,
				eff. 6/28/2016
NRS
				  616A.400,
				  616B.584,
				  616B.587,
				  616B.590
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.7625 - Methods of service

Current through June 11, 2024
1. Except as
			 otherwise provided by a specific statute or regulation, service of any notice,
			 pleading or other document required by NAC 616B.760 to 616B.769, inclusive,
			 must be hand-delivered or made by first-class mail, electronic mail or
			 facsimile.
2. Service by hand
			 delivery shall be deemed complete upon the delivery of the document to the
			 person on whom service is to be made pursuant to NAC 616B.7605 and 616B.761, as
			 applicable, to a person of suitable age and discretion who has the authority to
			 accept service at the business address of the person on whom service is to be
			 made or to a person of suitable age and discretion at the place of residence of
			 the person upon whom service is to be made pursuant to NAC 616B.7605 and
			 616B.761, as applicable.
3. Service
			 by first-class mail shall be deemed complete 3 days after the date on which the
			 document is correctly addressed and mailed to the business address or place of
			 residence of the person upon whom service is to be made pursuant to NAC
			 616B.7605 and 616B.761, as applicable.
4. Service by electronic mail shall be deemed
			 complete upon the successful transmission of the electronic mail to the
			 electronic mail address of:
(a) The person
			 upon whom service is to be made pursuant to NAC 616B.7605 and 616B.761, as
			 applicable; or
(b) The Administrator
			 or legal counsel designated by the Administrator, if service is made pursuant
			 to NAC 616B.7615.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.763 - Reimbursement from Account; computation and reporting of value of accident benefits

Current through June 11, 2024
1. The
			 Administrator will make determinations on expenditures for claims for which a
			 private carrier may receive reimbursement from the Subsequent Injury Account
			 for Private Carriers in accordance with the provisions of NAC
			 616B.707.
2. A private carrier may not receive
			 reimbursement from the Subsequent Injury Account for Private Carriers for
			 expenditures for:
(a) Increases in
			 compensation for a permanent total disability which are reimbursable to the
			 private carrier pursuant to
			 NRS
			 616C.266; or
(b) Increases in death benefits which are
			 reimbursable to the private carrier from the Fund for Workers' Compensation and
			 Safety pursuant to NRS
			 616C.268.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.764 - Claims for reimbursement for compensation paid by annuity; limitations

Current through June 11, 2024
1. A private carrier who purchases an annuity
			 to ensure the payment of a claim that is filed with the private carrier
			 pursuant to chapters 616A to 617, inclusive, of NRS may submit a claim for
			 reimbursement from the Subsequent Injury Account for Private Carriers in
			 accordance with this section, NAC 616B.760, 616B.763, 616B.766 and
			 616B.767
2. The private carrier may
			 submit, as provided in subsection 3, a claim for reimbursement for the amount
			 of compensation that the annuity paid to the injured employee for whom the
			 annuity was purchased.
3. The
			 private carrier may submit a claim for reimbursement annually on the
			 anniversary date of the purchase of the annuity or more frequently with good
			 cause shown.
4. The Administrator
			 will not approve or pay a claim for reimbursement for an annuity submitted
			 pursuant to this section for:
(a) Any amounts
			 which, in combination with previous reimbursements, exceed the lesser of:
(1) The price of the annuity; and
(2) The aggregate amount of compensation that
			 the annuity has paid to the injured employee;
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.766 - Determination of claim by Administrator; appeal

Current through June 11, 2024
1. The
			 Administrator will examine a claim for reimbursement from the Subsequent Injury
			 Account for Private Carriers and , not later than 120 days after receipt of the
			 claim, notify the private carrier of the disposition of the claim in accordance
			 with sections 3 and 5 of this regulation, as applicable.
2. An appeal from a determination of the
			 Administrator concerning a claim for reimbursement from the Subsequent Injury
			 Account for Private Carriers must be made in writing and sent directly to the
			 appeals officer at the Department of Administration within 30 days after the
			 date of the Administrator's determination.
Added to NAC by Div. of
				Industrial Relations by R112-98, 12-18-98, eff. 7-1-99; A by
				R132-14,
				eff. 6/28/2016
NRS
				  616A.400,
				  616B.584,
				  616B.587
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.7665 - Service of copy of determination and related documents

Current through June 11, 2024
1. At the time the Administrator makes a
			 determination regarding a claim for reimbursement from the Subsequent Injury
			 Account for Private Carriers, the Administrator will serve on the person
			 designated pursuant to NAC 616B.7605 or 616B.761 a copy of the determination
			 and a list of the witnesses whom the Administrator may call to testify in
			 support of the determination.
2. If
			 the claim has been denied by the Administrator, in whole or in part, in
			 addition to the documents served pursuant to subsection 1, the Administrator
			 will serve on the person designated pursuant to NAC 616B.7605 or 616B.761 a
			 copy of each document and record upon which the Administrator primarily relied
			 in making the determination.
Added to NAC
				by Div. of Industrial Relations by
				R132-14,
				eff. 6/28/2016
NRS
				  616A.400,
				  616B.584,
				  616B.587,
				  616B.590
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.767 - Reimbursement in form of lump sum from Account; exceptions; considerations

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 2 or by specific statute or regulation, the Administrator will authorize
			 reimbursement from the Subsequent Injury Account for Private Carriers for the
			 payment of benefits in the form of a lump sum if:
(a) The applicant meets the requirements of
			 NRS
			 616B.587;
(b) The compensation paid was due;
(c) A lump-sum payment is reasonable, in the
			 best interest of the injured employee and will eliminate any contingent future
			 liability against the Subsequent Injury Account for Private Carriers;
			 and
(d) A lump-sum payment:
(1) If the payment is being made for a
			 permanent partial disability, meets the requirements of
			 NRS
			 616C.495; or
(2) If the payment is being made for
			 vocational rehabilitation services, meets the requirements of
			 NRS
			 616C.590 or
			 616C.595.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.768 - Permanent physical impairment: Factors for determination; Administrator not bound by certain agreements between injured employee and private carrier

Current through June 11, 2024
1. For the purposes of determining whether a
			 preexisting impairment is a permanent physical impairment:
(a) If the preexisting impairment of the
			 employee arose out of and in the course of his or her employment and the
			 employee has been assigned a rating of permanent impairment which is no longer
			 appealable, the Administrator may choose to accept the rating for the
			 preexisting impairment if the rating was assigned based on the edition of the
			 American Medical Association's
Guides to the Evaluation of Permanent
			 Impairment
that was in effect on the date on which the preexisting
			 impairment was rated;
(b) If a
			 claim for reimbursement from the Subsequent Injury Account for Private Carriers
			 has been submitted to the Administrator pursuant to NAC 616B.760 but the
			 preexisting impairment has not yet been assigned a rating, the Administrator
			 may choose not to make a ruling on the claim until a determination has been
			 made concerning the preexisting impairment in accordance with the edition of
			 the American Medical Association's Guides to the Evaluation of Permanent
			 Impairment that was in effect on the date on which the subsequent injury is
			 rated; and
(c) If a claim for
			 reimbursement from the Subsequent Injury Account for Private Carriers has been
			 submitted to the Administrator pursuant to NAC 616B.760 and a rating has been
			 assigned to the preexisting impairment but the rating is not deemed final, the
			 Administrator may choose not to make a ruling on the claim until the rating has
			 been finalized in accordance with the edition of the American Medical
			 Association's Guides to the Evaluation of Permanent Impairment that is in
			 effect on the date on which the preexisting impairment is
			 rated.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.7685 - Permanent physical impairment: Restrictions on addition or combination of ratings

Current through June 11, 2024
1. For the purposes
			 of subsection 3 of
			 NRS
			 616B.587, the ratings of permanent impairment
			 of two or more body parts, organ systems or organ functions may not be added
			 together or combined to reach a rating of permanent impairment of 6 percent or
			 more of the whole person to qualify a condition as a permanent physical
			 impairment.
2. The Administrator
			 will use the American Medical Association's
Guides to the Evaluation of
			 Permanent Impairment
as a reference for determining whether a rating
			 of permanent impairment totals 6 percent or more of the whole person to qualify
			 a condition as a permanent physical impairment pursuant to
			 NRS
			 616B.587. Multiple body parts unrelated to a
			 subsequent injury will not be considered as one impairment. Each body part,
			 organ system or organ function included within a claim against the Subsequent
			 Injury Account for Private Carriers must satisfy the definition of "permanent
			 physical impairment" to qualify the body part, organ system or organ function
			 for reimbursement under the claim.
Added to NAC
				by Div. of Industrial Relations by
				R132-14,
				eff. 6/28/2016
NRS
				  616A.400,
				  616B.584,
				  616B.587,
				  616B.590
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR PRIVATE CARRIERS › Section 616B.769 - Permanent physical impairment: "Written records" interpreted; satisfaction of requirement of proof of employer's knowledge

Current through June 11, 2024
1.
			 Except as otherwise provided in subsection 2, as used in
			 NRS
			 616B.587, the Administrator interprets the
			 term "written records" to include:
(a) Any
			 written documentation kept by the employer in the ordinary course of business:
(1) Contemporaneously with the hiring of the
			 injured employee.
(2) During the
			 continued employment of the injured employee and before the date of the
			 subsequent injury.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.770 - "Board" defined

Current through June 11, 2024
As used in NAC 616B.770 to
				616B.7714, inclusive, and
				sections 2 to 14, inclusive, unless the context otherwise requires, "Board" has
				the meaning ascribed to it in
				NRS
				616B.545.
Added to NAC by Div. of
				Industrial Relations, eff. 2-18-97; A by
				R025-18A,
				eff. 2/20/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77013 - Guidelines for use by Board in making determinations on ratings of permanent physical impairment

Current through June 11, 2024
1. For the purposes
			 of determining whether a preexisting impairment is a permanent physical
			 impairment:
(a) If the preexisting impairment
			 of the insured employee arose out of and in the course of his or her employment
			 and the employee has been assigned a rating of permanent impairment which is no
			 longer appealable, the Board may choose to accept the rating for the
			 preexisting impairment if the rating was assigned based on the edition of the
			 American Medical Association's
Guides to the Evaluation of Permanent
			 Impairment
that was in effect on the date on which the preexisting
			 impairment was rated;
(b) If a
			 claim for reimbursement from the Subsequent Injury Account for Self-Insured
			 Employers has been served on the Administrator pursuant to NAC
			 616B.7702 but the preexisting
			 impairment has not yet been assigned a rating, the Administrator may choose not
			 to make a recommendation on the claim and the Board may choose not to rule on
			 the claim until after a determination of rating has been made concerning the
			 preexisting impairment in accordance with the edition of the American Medical
			 Association's
Guides to the Evaluation of Permanent Impairment
that was in effect on the date on which the subsequent injury was rated;
			 and
(c) If a claim for
			 reimbursement from the Subsequent Injury Account for Self-Insured Employers has
			 been served on the Administrator pursuant to NAC
			 616B.7702 and a rating has been
			 assigned to the preexisting impairment but the rating is not deemed final, the
			 Administrator may choose not to make a recommendation on the claim and the
			 Board may choose not to rule on the claim until the rating has been finalized
			 in accordance with the edition of the American Medical Association's
Guides to the Evaluation of Permanent Impairment
that is in
			 effect on the date on which the rating of the preexisting impairment is
			 finalized.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77015 - Guidelines for use by Board in rating permanent physical impairment of multiple body parts

Current through June 11, 2024
1. For the purposes
			 of subsection 3 of
			 NRS
			 616B.557, the ratings of permanent impairment
			 of two or more body parts, organ systems or organ functions may not be added
			 together or combined to reach a rating of permanent impairment of 6 percent or
			 more of the whole person to qualify a condition as a permanent physical
			 impairment.
2. The Administrator
			 shall, and the Board will, use the American Medical Association's
Guides to the Evaluation of Permanent Impairment
as a
			 reference for determining whether a rating of permanent impairment totals 6
			 percent or more of the whole person to qualify a condition as a permanent
			 physical impairment pursuant to
			 NRS
			 616B.557. Multiple body parts unrelated to a
			 subsequent injury will not be considered as one impairment. Each body part,
			 organ system or organ function included within a claim for reimbursement from
			 the Subsequent Injury Account for Self-Insured Employers must satisfy the
			 definition of "permanent physical impairment" in
			 NRS
			 616B.557 to qualify the body part, organ
			 system or organ function for reimbursement under the claim.
Added to NAC
				by Div. of Industrial Relations by
				R025-18A,
				eff. 2/27/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7701 - "Written records" interpreted; establishment of knowledge of preexisting permanent physical impairment of injured employee

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 2, as used in NRS
			 616B.557, the Board interprets the term
			 "written records" to include:
(a) Any written
			 documentation kept by the self-insured employer in the ordinary course of
			 business:
(1) Contemporaneously with the
			 hiring of the injured employee.
(2) During the continued employment of the
			 injured employee and before the date of the subsequent injury.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7702 - Submission of claim

Current through June 11, 2024
1. The Board will
			 approve or disapprove, in whole or in part:
(a) Each claim made for reimbursement from
			 the Subsequent Injury Account for Self-Insured Employers established pursuant
			 to NRS 616B.554  by a self-insured employer, if the claim is completed by the
			 employer pursuant to the requirements set forth in this section; and
(b) Any expenses of the self-insured employer
			 related to each such claim that the Administrator has verified pursuant to the
			 provisions of NAC 616B.707.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7703 - Designation of person to accept service on behalf of self-insured employer submitting claim; exception

Current through June 11, 2024
A claim for reimbursement from the Subsequent Injury Account
				for Self-Insured Employers submitted pursuant to NAC
				616B.7702 must include, without
				limitation, the name of the person designated by the self-insured employer to
				accept service on behalf of the self-insured employer submitting the claim and
				the mailing address and any facsimile number and electronic mail address at
				which that person may be served with notices, pleadings and other documents.
				Except as otherwise provided in NAC
				616B.77031, all notices,
				pleadings and other documents, including, without limitation, any
				recommendations of the Administrator, must be served on the person designated
				in the claim pursuant to this section.
Added to NAC
				by Div. of Industrial Relations by
				R025-18A,
				eff. 2/27/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77031 - Written notice of legal counsel or lay advocate to accept service for self-insured employer; exception

Current through June 11, 2024
1. A self-insured
			 employer who is represented by legal counsel or a lay advocate shall, by
			 service on the Board and the Administrator, provide written notice of the name
			 and business address of the legal counsel or lay advocate, as applicable, and
			 any facsimile number or electronic mail address at which the legal counsel or
			 lay advocate must be served with any notices, pleadings and other
			 documents.
2. If a self-insured
			 employer has provided the notice required by subsection 1, the Board and the
			 Administrator will thereafter serve all notices, pleadings and other documents
			 on the legal counsel or lay advocate designated pursuant to subsection 1, as
			 applicable, exclusively, unless the self-insured employer provides written
			 notice to the Board and the Administrator of a change in
			 representation.
Added to NAC
				by Div. of Industrial Relations by
				R025-18A,
				eff. 2/27/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77032 - Service of recommendation concerning claim by Administrator

Current through June 11, 2024
At the time the Administrator determines that a claim for
				reimbursement from the Subsequent Injury Account for Self-Insured Employers is
				complete and makes a recommendation regarding the claim, the Administrator
				shall serve on the person designated pursuant to NAC
				616B.7703 or
				616B.77031, as applicable, a
				copy of the recommendation, a copy of each document and record upon which the
				Administrator relied to make the recommendation and a list of the witnesses
				whom the Administrator may call to testify in support of the
				recommendation.
Added to NAC
				by Div. of Industrial Relations by
				R025-18A,
				eff. 2/27/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77033 - Service of documents on Board

Current through June 11, 2024
Service on the Board of any filing, pleading, notice or other
				document required by NAC
				616B.770 to
				616B.7725, inclusive, must be
				made on the legal counsel for the Board. If the Board does not have legal
				counsel, service must be made on the Administrator for transmission to the
				Board.
Added to NAC
				by Div. of Industrial Relations by
				R025-18A,
				eff. 2/27/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77034 - Service of documents on Administrator

Current through June 11, 2024
Except for the submission of a claim for reimbursement from the
				Subsequent Injury Account for Self-Insured Employers pursuant to NAC
				616B.7702, service on the
				Administrator of any filing, pleading, notice or other document required by NAC
				616B.770 to
				616B.7725, inclusive, must be
				made on the legal counsel for the Administrator.
Added to NAC
				by Div. of Industrial Relations by
				R025-18A,
				eff. 2/20/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77035 - Types and completion of service

Current through June 11, 2024
1. Except as
			 otherwise provided by a specific statute or regulation, service of any notice,
			 pleading or other document required by NAC
			 616B.770 to
			 616B.7725, inclusive, may be
			 hand-delivered or made by mail, electronic mail or facsimile.
2. Service by hand delivery shall be deemed
			 complete upon the delivery of the document to the person on whom service is to
			 be made as provided for in Rule 4 of the Nevada Rules of Civil Procedure.
3. Service by mail shall be deemed
			 complete 3 days after the date on which the document is correctly addressed and
			 mailed to the person upon whom service is to be made as provided for in Rule 5
			 of the Nevada Rules of Civil Procedure.
4. Service by electronic mail shall be deemed
			 complete upon the successful transmission of the electronic mail to the
			 electronic mail address of:
(a) The person
			 upon whom service is to be made pursuant to NAC
			 616B.7703 or
			 616B.77031, as applicable;
(b) The legal counsel for the
			 Board or the Administrator if service is made pursuant to NAC
			 616B.77033; or
(c) The Administrator or legal counsel for
			 the Administrator, if service is made pursuant to NAC
			 616B.77034.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7704 - Recommendation of Administrator concerning acceptance or denial of claim or related expenses

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 4 of NAC 616B.7702  or paragraph (b) or (c) of
			 subsection 1 of NAC 616B.77013, not later than 60 days after the date on which
			 a claim is served on the Administrator pursuant to NAC 616B.7702, the
			 Administrator shall:
(a) Submit to the Board a
			 recommendation concerning the approval or disapproval, in whole or in part, of:
(1) The claim; and
(2) Any expenses of the self-insured employer
			 related to the claim that the Administrator has verified pursuant to NAC
			 616B.707; and
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7705 - Requirements for Board to authorize reimbursement from Account.

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 2 or by specific statute or regulation, the Board may authorize reimbursement
			 from the Subsequent Injury Account for Self-Insured Employers for the payment
			 of benefits in the form of a lump sum if:
(a)
			 The applicant meets the requirements of
			 NRS
			 616B.557;
(b) The compensation paid or to be paid was
			 due;
(c) A lump-sum payment is
			 reasonable, is in the best interest of the injured employee and will eliminate
			 any contingent future liability against the Subsequent Injury Account for
			 Self-Insured Employers; and
(d) The
			 lump-sum payment:
(1) If the payment is being
			 made for a permanent partial disability, meets the requirements of
			 NRS
			 616C.495; or
(2) If the payment is being made for
			 vocational rehabilitation services, meets the requirements of
			 NRS
			 616C.590 or
			 616C.595.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.77051 - Procedures for reimbursement from Account for certain compensation paid by annuities purchased by self-insured employer to injured employee

Current through June 11, 2024
1. A self-insured employer who purchases an
			 annuity to satisfy the payment of a claim that is filed with the self-insured
			 employer pursuant to chapters 616A to 617, inclusive, of NRS may submit a claim
			 for reimbursement from the Subsequent Injury Account for Self-Insured Employers
			 in accordance with NAC
			 616B.770 to
			 616B.7725, inclusive .
2. The self-insured employer may submit, as
			 provided in subsection 3, a claim for reimbursement for the amount of
			 compensation that the annuity paid to the injured employee for whom the annuity
			 was purchased.
3. The self-insured
			 employer may submit a claim for reimbursement annually on the anniversary date
			 of the purchase of the annuity or more frequently with good cause
			 shown.
4. The Board will not
			 approve or pay a claim for reimbursement for the cost of an annuity submitted
			 pursuant to this section for:
(a) Any amounts
			 which exceed the lesser of:
(1) The price of
			 the annuity; or
(2) The aggregate
			 amount of compensation that the injured employee has been paid from the
			 annuity;
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7706 - Request for hearing; continuance

Current through June 11, 2024
1. If the Board
			 initially disapproves, in whole or in part, a claim or any of the expenses
			 related to the claim, the self-insured employer who submitted the claim may
			 request a hearing before the Board by filing a written request with the Board's
			 legal counsel within 30 days after the Board's legal counsel notifies the
			 self-insured employer of the decision of the Board.
2. The Board will conduct the hearing within
			 45 days after the request for a hearing is filed with the Board's legal counsel
			 unless the Board grants a continuance. The Board may grant a continuance upon
			 its own motion or, pursuant to subsection 6, upon the request of the
			 Administrator or the self-insured employer who submitted the claim.
3. The Board will conduct the hearing
			 pursuant to the provisions of chapter 233B of NRS that relate to contested
			 cases and, if practicable, the Board will apply the rules of procedure and
			 evidence that apply to the district courts of this State. In such a hearing,
			 the Board is not bound by its initial disapproval, in whole or in part, of a
			 claim or any of the expenses related to the claim.
4. Any objection to the conduct of the
			 hearing, including, without limitation, an objection to the introduction of
			 evidence, must be addressed to the Chair of the Board who, in consultation with
			 the other members of the Board and the legal counsel for the Board, will rule
			 upon the objection. If any evidence is excluded from the record, the party who
			 is offering the evidence may make an offer of proof to the Chair of the Board.
			 Such an offer of proof must be included in the record.
5. The Board will direct that an audio
			 recording of the hearing be made, unless the Board on its own motion requires
			 that a court reporter record the hearing or the self-insured employer requests
			 in advance that the Board provide a court reporter for the hearing and the
			 Board approves the request. If the Board provides a court reporter for the
			 hearing upon the request of the self-insured employer, the self-insured
			 employer shall pay all costs related to the services of the court reporter and
			 all costs that are necessary to provide the Board with a copy of the transcript
			 of the hearing.
6. A request for a
			 continuance by the Administrator or a self-insured employer must:
(a) Be in writing;
(b) State the reasons supporting the
			 request;
(c) Include a statement of
			 any extensions of time or continuances previously granted;
(d) Not be made for the reason of delay and
			 include a statement to that effect;
(e) Be filed by service upon the Board not
			 later than 3 days before the date of the hearing unless extraordinary
			 circumstances are shown or the Board finds that excusable neglect exists;
			 and
(f) Be served upon each other
			 party to the hearing upon filing with the Board.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7708

Current through June 11, 2024
Added to NAC by Div. of
				Industrial Relations, eff. 2-18-97; R by
				R025-18A,
				eff. 2/20/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.771

Current through June 11, 2024
Added to NAC by Div. of
				Industrial Relations, eff. 2-18-97; R by
				R025-18A,
				eff. 2/20/2020
NRS
				616A.400,
				616B.554,
				616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7712 - Representation by legal counsel at hearing

Current through June 11, 2024
The Administrator and the Board may be represented by legal
				counsel at a hearing conducted pursuant to NAC 616B.7706. A self-insured
				employer may be represented before the Board by a representative of his or her
				choice.
Added to NAC by Div. of
				Industrial Relations, eff. 2-18-97
NRS
				  616A.400,
				  616B.554,
				  616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7714 - Withdrawal from proceeding by member of Board

Current through June 11, 2024
A member of the Board may withdraw from a proceeding whenever
				the member considers himself or herself to be disqualified.
Added to NAC by Div. of
				Industrial Relations, eff. 2-18-97
NRS
				  616A.400,
				  616B.554,
				  616B.557
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.772 - Petition to adopt, amend or repeal regulation governing administration of Account

Current through June 11, 2024
1. A petition may
			 be filed with the Board requesting that the Board adopt, amend or repeal a
			 regulation governing the administration of the Subsequent Injury Account for
			 Self-Insured Employers. Such a petition must include, without limitation:
(a) The name and mailing address of the
			 petitioner;
(b) A clear and concise
			 statement of the regulation to be adopted, amended or repealed;
(c) The reason for the adoption, amendment or
			 repeal of the regulation; and
(d)
			 The statutory authority for the adoption, amendment or repeal of the
			 regulation.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR SELF-INSURED EMPLOYERS › Section 616B.7725 - Petition for declaratory order or advisory opinion

Current through June 11, 2024
1.
			 Except as otherwise provided in subsection 10, an interested person may
			 petition the Board for the issuance of a declaratory order or advisory opinion
			 concerning the applicability of a statute, regulation or decision of the Board.
			 Such a petition must include, without limitation:
(a) The name and mailing address of the
			 petitioner;
(b) The reason for the
			 petition and a statement of the facts and law supporting the petition;
			 and
(c) A clear and concise
			 statement of the question to be decided by the Board and the relief sought by
			 the petitioner.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.773 - Definitions

Current through June 11, 2024
As used in NAC
				  616B.773 to
				  616B.7767, inclusive, and
				  section 5, unless the context otherwise requires, the words and terms defined
				  in NAC 1 to
				  616B.775, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R216-97, eff. 8-19-99; 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
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7731 - "Account" defined

Current through June 11, 2024
"Account" means the Subsequent Injury Account for
				  Associations of Self-Insured Public or Private Employers established pursuant
				  to
				  NRS
				  616B.575.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97 & R216-97, eff. 8-19-99-Substituted in revision for
				  NAC 616B.7748
NRS
					 616B.572,
					 616B.575,
					 616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7732 - "Annual disbursements from the Account" defined

Current through June 11, 2024
"Annual disbursements from the Account" means the aggregate
				  sum of all payments for compensation made from the Account in a fiscal
				  year.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7734 - "Annual expenditures for claims of an association" defined

Current through June 11, 2024
"Annual expenditures for claims of an association" means the
				  aggregate sum of:
1. All money the
				association paid for compensation in a fiscal year pursuant to chapters 616A to
				617, inclusive, of NRS reduced by any money received by the association in that
				fiscal year from:
(a) Subrogation;
(b) Reimbursement from the Account;
(c) Reimbursement for increases in
				compensation for a permanent total disability pursuant to
				NRS
				616C.266; and
(d) Reimbursement from the Fund for Workers'
				Compensation and Safety for increases in death benefits pursuant to
				NRS
				616C.268.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7736 - "Association" defined

Current through June 11, 2024
"Association" means an association of self-insured public
				  employers or an association of self-insured private employers.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97 & R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575,
					 616B.578
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SUBSEQUENT INJURY ACCOUNT FOR ASSOCIATIONS OF SELF-INSURED PUBLIC OR PRIVATE EMPLOYERS › General Provisions › Section 616B.7738 - "Board" defined

Current through June 11, 2024
"Board" has the meaning ascribed to it in
				  NRS
				  616B.563.
Added to NAC by Bd.
				  for Admin. of Subsequent Injury Fund for Ass'ns of Self-Insured Pub. or Private
				  Employers by R215-97 & R216-97, eff. 8-19-99
NRS
					 616B.572,
					 616B.575,
					 616B.578