USA Statutes : nevada
Title : Title 53 - LABOR AND INDUSTRIAL RELATIONS
Chapter : CHAPTER 616A - INDUSTRIAL INSURANCE: ADMINISTRATION
Chapters 616A to 616D , inclusive,
of NRS shall be known as the Nevada Industrial Insurance Act.
[1:168:1947; 1943 NCL § 2680.1]—(Substituted in revision for NRS
616.010)
The Legislature hereby determines and declares that:
1. The provisions of chapters 616A
to 617 , inclusive, of NRS must be interpreted
and construed to ensure the quick and efficient payment of compensation
to injured and disabled employees at a reasonable cost to the employers
who are subject to the provisions of those chapters;
2. A claim for compensation filed pursuant to the provisions of
chapters 616A to 616D , inclusive, or chapter 617 of NRS must be decided on its merit and not
according to the principle of common law that requires statutes governing
workers’ compensation to be liberally construed because they are remedial
in nature;
3. The provisions of chapters 616A
to 617 , inclusive, of NRS are based on a
renunciation of the rights and defenses of employers and employees
recognized at common law; and
4. For the accomplishment of these purposes, the provisions of
chapters 616A to 617 , inclusive, of NRS must not be interpreted or
construed broadly or liberally in favor of an injured or disabled
employee or his dependents, or in such a manner as to favor the rights
and interests of an employer over the rights and interests of an injured
or disabled employee or his dependents.
(Added to NRS by 1993, 660)—(Substituted in revision for NRS
616.012)
1. All premiums, contributions, penalties, money, properties,
securities, funds, deposits, contracts and awards received, collected,
acquired, established or made by the State Industrial Insurance System
under the provisions of chapters 616A to
617 , inclusive, of NRS before January 1,
2000, continue in full force and effect, and the rights, obligations and
liabilities of the System thereunder must be assumed and performed by the
successor organization of the System.
2. All proceedings must be had and rights determined under the
provisions of chapters 616A to 617 , inclusive, of NRS on any claims or actions pending
or causes of action existing on December 31, 1999.
[99:168:1947; 1943 NCL § 2680.99] + [Part 100:168:1947; 1943 NCL §
2680.100]—(NRS A 1981, 1463; 1999, 1758 )
1. The rights and remedies provided in chapters 616A to 616D , inclusive,
of NRS for an employee on account of an injury by accident sustained
arising out of and in the course of the employment shall be exclusive,
except as otherwise provided in those chapters, of all other rights and
remedies of the employee, his personal or legal representatives,
dependents or next of kin, at common law or otherwise, on account of such
injury.
2. The terms, conditions and provisions of chapters 616A to 616D , inclusive,
of NRS for the payment of compensation and the amount thereof for
injuries sustained or death resulting from such injuries shall be
conclusive, compulsory and obligatory upon both employers and employees
coming within the provisions of those chapters.
3. The exclusive remedy provided by this section to a principal
contractor extends, with respect to any injury by accident sustained by
an employee of any contractor in the performance of the contract, to
every architect, land surveyor or engineer who performs services for:
(a) The contractor;
(b) The owner of the property; or
(c) Any such beneficially interested persons.
4. The exclusive remedy provided by this section applies to the
owner of a construction project who provides industrial insurance
coverage for the project by establishing and administering a consolidated
insurance program pursuant to NRS 616B.710 to the extent that the program covers the
employees of the contractors and subcontractors who are engaged in the
construction of the project.
5. If an employee receives any compensation or accident benefits
under chapters 616A to 616D , inclusive, of NRS, the acceptance of such
compensation or benefits shall be in lieu of any other compensation,
award or recovery against his employer under the laws of any other state
or jurisdiction and such employee is barred from commencing any action or
proceeding for the enforcement or collection of any benefits or award
under the laws of any other state or jurisdiction.
[27:168:1947; 1943 NCL § 2680.27]—(NRS A 1971, 885; 1973, 624;
1989, 230; 1999, 3139 )
1. If the provisions of chapters 616A to 616D , inclusive,
of NRS relative to compensation for injuries to or death of employees
become invalid because of any adjudication, or are repealed, the period
intervening between the occurrence of an injury or death, not previously
compensated for pursuant to those chapters by the payment of a lump sum
or completed monthly payments, and the repeal or the rendition of the
final adjudication of the validity must not be computed as a part of the
time limited by law for the commencement of any action relating to the
injury or death if the action is commenced within 1 year after the repeal
or adjudication.
2. In any such action, any sum paid by an insurer by reason of
injury to an employee by whom, or by whose dependents, the action is
prosecuted, must be taken into account and credited upon the recovery as
payment.
[97:168:1947; 1943 NCL § 2680.97]—(NRS A 1973, 604; 1979, 1051;
1993, 729; 1995, 2030)—(Substituted in revision for NRS 616B.098)
If there is
a conflict between the provisions of chapters 616A to 617 , inclusive, of
NRS and the provisions of title 57 of NRS, the provisions of chapter 616A
to 617 ,
inclusive, of NRS control.
(Added to NRS by 1999, 1758 )
As used in chapters 616A to 616D , inclusive,
of NRS, unless the context otherwise requires, the words and terms
defined in NRS 616A.030 to 616A.360
, inclusive, have the meanings
ascribed to them in those sections.
[2:168:1947; 1943 NCL § 2680.2] + [3:168:1947; 1943 NCL §
2680.3]—(NRS A 1977, 188; 1981, 710, 1016; 1987, 2047, 2322; 1991, 2398;
1993, 692; 1995, 1638, 1977, 2008; 1997, 576, 578, 2766; 1999, 1759
, 2445 , 3140 , 3376 ; 2001, 2256 , 2447 ; 2003, 2303 , 2331 )
“Accident” means an unexpected
or unforeseen event happening suddenly and violently, with or without
human fault, and producing at the time objective symptoms of an injury.
[18:168:1947; 1943 NCL § 2680.18]—(NRS A 1975, 221)—(Substituted in
revision for NRS 616.020)
1. “Accident benefits” means medical, surgical, hospital or other
treatments, nursing, medicine, medical and surgical supplies, crutches
and apparatuses, including prosthetic devices.
2. The term includes:
(a) Medical benefits as defined by NRS 617.130 ;
(b) Preventive treatment administered as a precaution to an
employee who is exposed to a contagious disease while providing medical
services, including emergency medical care, in the course and scope of
his employment;
(c) Preventive treatment administered as a precaution to a police
officer or a salaried or volunteer firefighter who:
(1) Was exposed to a contagious disease:
(I) Upon battery by an offender; or
(II) While performing the duties of a police officer
or firefighter,
Ê if the exposure is documented by the creation and maintenance of a
report concerning the exposure pursuant to subsection 1 of NRS 616C.052
; or
(2) Tests positive for exposure to tuberculosis or another
contagious disease under the circumstances described in subsection 2 or 3
of NRS 616C.052 ; and
(d) Preventive treatment for hepatitis administered as a precaution
to a police officer, full-time salaried firefighter or emergency medical
attendant employed in this State.
3. The term does not include:
(a) Exercise equipment, a hot tub or a spa for an employee’s home;
(b) Membership in an athletic or health club;
(c) Except as otherwise provided in NRS 616C.245 , a motor vehicle; or
(d) The costs of operating a motor vehicle provided pursuant to NRS
616C.245 , fees related to the
operation or licensing of the motor vehicle or insurance for the motor
vehicle.
4. As used in this section:
(a) “Battery” includes, without limitation, the intentional
propelling or placing, or the causing to be propelled or placed, of any
human excrement or bodily fluid upon the person of an employee.
(b) “Emergency medical attendant” means a person licensed as an
attendant or certified as an emergency medical technician, intermediate
emergency medical technician or advanced emergency medical technician
pursuant to chapter 450B of NRS, whose
primary duties of employment are the provision of emergency medical
services.
(c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and
any additional diseases or conditions that are associated with or result
from hepatitis A, hepatitis B or hepatitis C.
(d) “Preventive treatment” includes, without limitation:
(1) Tests to determine if an employee has contracted
hepatitis or any other contagious disease to which he was exposed; and
(2) If an employee tests positive for exposure to
tuberculosis under the circumstances described in NRS 616C.052 , such medication and chest X rays as are
recommended by the Centers for Disease Control and Prevention of the
United States Department of Health and Human Services.
[8:168:1947; 1943 NCL § 2680.8]—(NRS A 1987, 921; 1991, 2398; 1993,
692; 1999, 2445 ; 2001, 1014 , 1871 ; 2003, 104 , 3412 ; 2005, 340 , 2236 )
“Administrator” means the
Administrator of the Division.
(Added to NRS by 1981, 1449; A 1993, 1855)—(Substituted in revision
for NRS 616.026)
“Advisory
organization” means the organization designated and licensed by the
Commissioner to file the classifications of risks for private carriers
pursuant to chapters 616A to 616D , inclusive, and chapter 686B of NRS.
(Added to NRS by 1995, 2000; A 1999, 1759 )
“Appeals Panel” means the
Appeals Panel for Industrial Insurance that hears grievances of
employers, other than self-insured employers, pursuant to the provisions
of NRS 616B.760 to 616B.790 , inclusive.
(Added to NRS by 1999, 3376 ; A 2001, 2256 )
“Association of self-insured private employers” means a
nonprofit, unincorporated association composed of five or more private
employers that has been issued a certificate by the Commissioner and is
subject to the provisions of NRS 616B.350 to 616B.446 , inclusive.
(Added to NRS by 1993, 659; A 1995, 1978)—(Substituted in revision
for NRS 616.0265)
“Association of self-insured public employers” means a
nonprofit, unincorporated association composed of five or more public
employers that has been issued a certificate by the Commissioner and is
subject to the provisions of NRS 616B.350 to 616B.446 , inclusive.
(Added to NRS by 1993, 659; A 1995, 1978)—(Substituted in revision
for NRS 616.0267)
“Association’s administrator” means a person who is employed by or has
contracted with the board of trustees of an association of self-insured
public or private employers to carry out the policies of the board of
trustees and to be responsible for the daily operation of the association.
(Added to NRS by 1995, 1974)
1. Except as otherwise provided in subsection 3, “average monthly
wage” means the lesser of:
(a) The monthly wage actually received or deemed to have been
received by the employee on the date of the accident or injury to the
employee, excluding remuneration from employment:
(1) Not subject to the Nevada Industrial Insurance Act or
the Nevada Occupational Diseases Act; and
(2) For which coverage is elective, but has not been
elected; or
(b) One hundred fifty percent of the state average weekly wage as
most recently computed by the Employment Security Division of the
Department of Employment, Training and Rehabilitation during the fiscal
year preceding the date of the injury or accident, multiplied by 4.33.
2. For the purposes of subsection 1:
(a) The date of the accident or injury to the employee must be
determined pursuant to NRS 616C.425 .
(b) “Wage”:
(1) Does not include any amount paid by an employer for
health insurance that covers an employee or his dependents, or both.
(2) Is increased by the amount of tips reported by an
employee to his employer pursuant to 26 U.S.C. § 6053(a), except:
(I) Tips in a form other than cash; and
(II) Tips in cash which total less than $20 per month.
3. For the purpose of increasing compensation for permanent total
disability pursuant to NRS 616C.465
or increasing death benefits pursuant to NRS 616C.520 , “average monthly wage” has the meaning
shown in the following schedule:
Effective Date
Average Monthly Wage
for Prior Fiscal Year
July 1,
1973.......................................................................
.................................. $688.60
July 1,
1974.......................................................................
.................................... 727.48
July 1,
1975.......................................................................
................................. 1,142.21
July 1,
1976.......................................................................
................................. 1,211.00
July 1,
1977.......................................................................
................................. 1,287.44
July 1,
1978.......................................................................
................................. 1,377.08
July 1,
1979.......................................................................
................................. 1,488.46
July 1,
1980.......................................................................
................................. 1,591.86
(Added to NRS by 1973, 530; A 1975, 650; 1981, 1226; 1985, 1444;
1991, 2398; 1993, 693, 1855; 1995, 579, 1638)—(Substituted in revision
for NRS 616.027)
“Benefit penalty” means
an additional amount of money that is payable to a claimant if the
Administrator has determined that a violation of any of the provisions of
paragraphs (a) to (e), inclusive, or (h) of subsection 1 of NRS 616D.120
has occurred.
(Added to NRS by 1995, 1637; A 1997, 532; 2003, 1669 ; 2005, 1101 )
“Casual” refers only to
employments where the work contemplated is to be completed in 20 working
days or parts thereof in a calendar quarter, without regard to the number
of persons employed, and where the total labor cost of the work is less
than $500.
[12:168:1947; 1943 NCL § 2680.12]—(NRS A 1977, 373)—(Substituted in
revision for NRS 616.030)
“Certified vocational rehabilitation counselor” means a person
who:
1. Has a master’s degree in rehabilitation counseling; or
2. Has been certified as a rehabilitation counselor or an
insurance rehabilitation specialist by the Commission on Rehabilitation
Counselor Certification, which is a division of the Board for
Rehabilitation Certification.
(Added to NRS by 1993, 659)—(Substituted in revision for NRS
616.034)
“Commissioner” means the
Commissioner of Insurance.
[6:168:1947; 1943 NCL § 2680.6]—(NRS A 1981, 1456)—(Substituted in
revision for NRS 616.040)
“Compensation” means the
money which is payable to an employee or to his dependents as provided
for in chapters 616A to 616D , inclusive, of NRS, and includes benefits for
funerals, accident benefits and money for rehabilitative services.
[7:168:1947; 1943 NCL § 2680.7]—(NRS A 1983, 1291)—(Substituted in
revision for NRS 616.045)
“Consolidated insurance program” means a program of insurance that
provides, for a specified period:
1. Industrial insurance coverage;
2. A comprehensive program of safety; and
3. For the administration of claims for industrial insurance,
Ê for each employee of a contractor or subcontractor who is engaged in a
construction project when such an employee works at the site of the
construction project.
(Added to NRS by 1999, 3139 )
“Contractor-controlled insurance program” means a consolidated insurance
program that is established and administered by the principal contractor
of the construction project.
(Added to NRS by 1999, 3139 )
“Damages” means the recovery
allowed in an action at law as contrasted with compensation.
[20:168:1947; 1943 NCL § 2680.20]—(Substituted in revision for NRS
616.050)
“Division” means the Division of
Industrial Relations of the Department of Business and Industry.
(Added to NRS by 1991, 2389; A 1993, 1856)—(Substituted in revision
for NRS 616.053)
“Employee” and
“workman” are used interchangeably in chapters 616A to 616D , inclusive,
of NRS and mean every person in the service of an employer under any
appointment or contract of hire or apprenticeship, express or implied,
oral or written, whether lawfully or unlawfully employed, and include,
but not exclusively:
1. Aliens and minors.
2. All elected and appointed paid public officers.
3. Members of boards of directors of quasi-public or private
corporations while rendering actual service for such corporations for pay.
4. Musicians providing music for hire, including members of local
supporting bands and orchestras commonly known as house bands.
[10:168:1947; A 1949, 659; 1943 NCL § 2680.10]—(NRS A 1957, 254;
1967, 1368; 1975, 618, 1018; 1979, 948; 1987, 597)—(Substituted in
revision for NRS 616.055)
“Employee” excludes:
1. Any person whose employment is both casual and not in the
course of the trade, business, profession or occupation of his employer.
2. Any person engaged as a theatrical or stage performer or in an
exhibition.
3. Musicians when their services are merely casual in nature and
not lasting more than 2 consecutive days, and not recurring for the same
employer, as in wedding receptions, private parties and similar
miscellaneous engagements.
4. Any person engaged in household domestic service, farm, dairy,
agricultural or horticultural labor, or in stock or poultry raising,
except as otherwise provided in chapters 616A to 616D , inclusive,
of NRS.
5. Any person performing services as a voluntary ski patrolman who
receives no compensation for his services other than meals, lodging, or
use of the ski tow or lift facilities.
6. Any person who performs services as a sports official for a
nominal fee at a sporting event that is amateur, intercollegiate or
interscholastic and is sponsored by a public agency, public entity or
private, nonprofit organization. As used in this subsection, “sports
official” includes an umpire, referee, judge, scorekeeper, timekeeper or
other person who is a neutral participant in a sporting event.
7. Any clergyman, rabbi or lay reader in the service of a church,
or any person occupying a similar position with respect to any other
religion.
8. Any real estate broker, broker-salesman or salesman licensed
pursuant to chapter 645 of NRS.
9. Any person who:
(a) Directly sells or solicits the sale of products, in person or
by telephone:
(1) On the basis of a deposit, commission, purchase for
resale or similar arrangement specified by the Administrator by
regulation, if the products are to be resold to another person in his
home or place other than a retail store; or
(2) To another person from his home or place other than a
retail store;
(b) Receives compensation or remuneration based on sales to
customers rather than for the number of hours that he works; and
(c) Performs pursuant to a written agreement with the person for
whom the services are performed which provides that he is not an employee
for the purposes of this chapter.
[11:168:1947; A 1953, 99; 1955, 915]—(NRS A 1969, 1100; 1975, 1018;
1977, 194; 1979, 949; 1985, 1077; 1995, 2129; 1997, 162; 2003, 1584
)
Except as provided in subsection 2 of NRS 616B.653
, a lessee engaged in either mining or
operating a reduction plant shall be deemed to be:
1. An employee of the lessor; and
2. For the purposes of chapters 616A
to 616D , inclusive, of NRS, employed at the
average wage paid to a miner employed regularly in the same locality.
(Added to NRS by 1987, 597)—(Substituted in revision for NRS
616.062)
Except as otherwise provided in NRS
616A.125 , any person who participates
in a program of job training administered by the Division of Welfare and
Supportive Services of the Department of Health and Human Services shall
be deemed for the purposes of chapters 616A
to 616D , inclusive, of NRS to be an
employee of the Division of Welfare and Supportive Services at the wage
of $150 per month and is entitled to the benefits of those chapters.
(Added to NRS by 1987, 2321; A 1997, 2346)
Any
person who participates in a program to obtain training for employment
administered by the Division of Welfare and Supportive Services of the
Department of Health and Human Services, if he receives training on the
job and a wage directly from an employer, shall be deemed for the
purposes of chapters 616A to 616D , inclusive, of NRS to be an employee of that
employer and is entitled to the benefits of those chapters.
(Added to NRS by 1987, 2321)—(Substituted in revision for NRS
616.066)
Persons who perform volunteer work in any formal program which
is being conducted:
1. Within a state or local public organization;
2. By a federally assisted organization; or
3. By a private, incorporated, nonprofit organization which
provides services to the general community,
Ê and who are not specifically covered by any other provisions of
chapters 616A to 616D , inclusive, of NRS, while engaged in such
volunteer work, may be deemed by an insurer, for the purposes of those
chapters, as employees of that organization at a wage of $100 per month.
Such persons are entitled to the benefits of those chapters when the
organization approves coverage and complies with the provisions of those
chapters and regulations adopted pursuant to them.
(Added to NRS by 1975, 290; A 1981, 1456; 1985, 575; 1993, 693;
1995, 2008)—(Substituted in revision for NRS 616.067)
Persons who, under a
written agreement between a public agency and a private organization,
perform volunteer work for a private organization as part of a public
program and who are not specifically covered by any other provisions of
chapters 616A to 616D , inclusive, of NRS, while engaging in that
volunteer work, may be deemed by an insurer, for the purposes of those
chapters, as employees of the public agency at a wage of $100 per month.
Such persons are entitled to the benefits of those chapters when the
public agency complies with the provisions of those chapters and the
regulations adopted pursuant to them.
(Added to NRS by 1981, 1016; A 1981, 1538; 1985, 576; 1993, 694;
1995, 2008; 1997, 2766, 2767)
A member of the Nevada Wing of the Civil Air Patrol who
participates:
1. In a mission; or
2. In training,
Ê which has been authorized by the Division of Emergency Management of
the Department of Public Safety shall be deemed for the purposes of
chapters 616A to 616D , inclusive, of NRS to be an employee of the
Division of Emergency Management at the wage of $600 per month and, in
the event of injury during such a mission or training, is entitled to the
benefits of those chapters.
(Added to NRS by 1983, 1354; A 1991, 2399; 1993, 1856; 2001, 2632
)
Volunteer
firefighters belonging to a regular organized and recognized fire
department, while engaged in their duties in any voluntary community
service which they may undertake, and while acting under the direction of
the fire chief or any of his assistants in the protection of life or
property, during fire, flood, earthquake, windstorm, ambulance service or
other rescue work, shall be deemed, for the purpose of chapters 616A
to 616D ,
inclusive, of NRS, employees of the city, town, county or district so
recognizing them, at the wage of $2,000 per month, and are entitled to
the benefits of those chapters upon such city, town, county or district’s
complying therewith.
[Part 17:168:1947; A 1951, 485; 1953, 163]—(NRS A 1963, 745; 1965,
336; 1973, 497; 1983, 808; 1991, 168; 2005, 341 )
A firefighter who is employed by a
regular organized and recognized fire department, while engaged off duty
in the voluntary performance of services as a firefighter within the
jurisdiction served by his department or a jurisdiction with which his
department has a reciprocal agreement, is entitled to receive the
benefits provided by chapters 616A to 616D
, inclusive, of NRS as though he were an
employee receiving the wage which he receives from his regular employer.
(Added to NRS by 1979, 441; A 2005, 341 )
A member of a nonprofit service organization or club, while
engaged in rendering volunteer ambulance service in any county, city or
town, shall be deemed for the purpose of chapters 616A to 616D , inclusive,
of NRS, an employee of the organization or club, at a wage of $2,000 per
month, and is entitled to the benefits of those chapters if the
organization or club complies therewith.
(Added to NRS by 1961, 418; A 1997, 470)
4085 . Volunteer officers attached to the Nevada
Highway Patrol, volunteers appointed pursuant to NRS 484.4085 who qualify pursuant to subsection 4 of that
section, the investigators appointed pursuant to NRS 480.490 or volunteers of a regularly organized and
recognized police department, metropolitan police department or sheriff’s
unit, while engaged in their duties as such in any voluntary community
service and while acting under the direction of the Chief of the Nevada
Highway Patrol, Chief of the Investigation Division of the Department of
Public Safety or a sheriff or chief of police, or their deputies or
assistants, of any county, metropolitan police department, city or town
in the protection of life or property shall be deemed, for the purpose of
chapters 616A to 616D , inclusive, of NRS, employees of the Nevada
Highway Patrol, Investigation Division or the city, town, metropolitan
police department or county so recognizing them, at the wage of $900 per
month, and are entitled to the benefits of those chapters upon compliance
therewith by the Nevada Highway Patrol, Investigation Division or the
county, metropolitan police department, city or town.
(Added to NRS by 1957, 252; A 1973, 926; 1983, 768, 1291; 1995,
319; 1997, 71; 2001, 2632 )
Trustees
of school districts, while engaged in their designated duty as trustees,
shall be deemed, for the purpose of chapters 616A to 616D , inclusive,
of NRS, employees receiving a wage of $250 per month, and, in the event
of injury while performing their designated duty, shall be entitled to
the benefits of those chapters.
(Added to NRS by 1961, 70)—(Substituted in revision for NRS 616.074)
Members of
junior traffic patrols are defined as minors attending school and
selected or designated by school officials or by school and city or town
officials for regular duty on school days to patrol street crossings used
by school children while going to or returning from school. They shall be
deemed, for the purpose of chapters 616A to
616D , inclusive, of NRS, employees
receiving a wage of $100 per month from the city, town or school district
in which their designated duty is performed. In the event of injury while
performing their designated duty, they shall be entitled to the benefits
of those chapters.
[Part 17:168:1947; A 1951, 485; 1953, 163]—(Substituted in revision
for NRS 616.075)
Any person who is:
1. Engaged in vending, selling, offering for sale or delivering
directly to the public any newspaper, magazine or periodical pursuant to
an agreement or contract with the publisher or distributor thereof;
2. Acting under the control of the publisher or distributor; and
3. Receiving a wage, commission or other compensation based upon
his sales of the newspaper, magazine or periodical,
Ê shall be deemed, for the purposes of chapters 616A to 616D , inclusive,
of NRS, to be an employee of the publisher or distributor and to be
receiving a wage of $50 per month or his actual remuneration, whichever
is greater, and is entitled to the benefits of those chapters.
(Added to NRS by 1963, 519; A 1983, 1292)—(Substituted in revision
for NRS 616.076)
Members of the county advisory boards to manage
wildlife who serve without compensation pursuant to the provisions of NRS
501.285 , while engaged in their
designated duty as members, shall be deemed for the purpose of chapters
616A to 616D ,
inclusive, of NRS, employees receiving a wage of $250 per month, and, in
the event of injury while performing their designated duty, are entitled
to receive the benefits of those chapters upon the boards complying
therewith.
(Added to NRS by 1959, 88; A 1969, 1561; 1985, 1356)—(Substituted
in revision for NRS 616.077)
For the
purposes of chapters 616A to 616D , inclusive, of NRS:
1. A member of the Nevada Legislature shall be deemed to be an
employee of the State during his term of office at the wage of $2,000 per
month and is entitled to the benefits of those chapters.
2. Except as otherwise provided in this subsection and subsection
1 of NRS 616A.265 , any injury
sustained by a member of the Nevada Legislature shall be deemed to have
arisen out of and in the course of his employment as a Legislator if, at
the time of the injury, he was performing any act or was engaging in any
event that was reasonably related to his legislative office or his public
service as a Legislator, whether or not he was receiving remuneration
from the State for performing the act or engaging in the event at the
time of the injury. The provisions of this subsection do not apply to any
injury sustained by a member of the Nevada Legislature if, at the time of
the injury, he was performing any act or was engaging in any event that
was reasonably related to a political campaign for any legislative or
other elective office.
(Added to NRS by 1987, 2047; A 2003, 2793 )
Members of state, county and local departments, boards,
commissions, agencies or bureaus, whether elected or appointed, who serve
without compensation or who receive less than $250 per month
compensation, the members of the State Board of Education, adjunct
professors of the Nevada System of Higher Education and the members of
the Board of Regents of the University of Nevada, while engaged in their
designated duties as members and adjunct professors, shall be deemed, for
the purpose of chapters 616A to 616D , inclusive, of NRS, employees receiving a wage of
$250 per month and, in the event of injury while performing their
designated duties, are entitled to the benefits of those chapters.
(Added to NRS by 1959, 168; A 1969, 465; 1961, 56; 1967, 1369;
1975, 619; 1985, 576; 1993, 417; 1995, 2009)—(Substituted in revision for
NRS 616.079)
Any person:
1. Less than 18 years of age who is subject to the jurisdiction of
the juvenile court and who has been ordered by the court to perform
community service, upon compliance by the supervising authority; or
2. Eighteen years of age or older who has been ordered by any
court to perform community service pursuant to NRS 176.087 , upon compliance by the convicted person or
the supervising authority,
Ê while engaged in that work, shall be deemed, for the purpose of
chapters 616A to 616D , inclusive, of NRS, an employee of the supervising
authority at a wage of $50 per month, and is entitled to the benefits of
those chapters.
(Added to NRS by 1971, 249; A 1973, 1580; 1981, 487; 1985, 576;
2001, 153 ; 2003, 1159 )
Trainees in a rehabilitation facility operated by the
Rehabilitation Division of the Department of Employment, Training and
Rehabilitation, while engaged in an evaluation or training program and
while acting under the direction or authorization of the Rehabilitation
Division in any county, city or town, shall be deemed, for the purpose of
chapters 616A to 616D , inclusive, of NRS, employees of the
Rehabilitation Division receiving a wage of $200 per month, and are
entitled to the benefits of those chapters upon compliance by the
Rehabilitation Division.
(Added to NRS by 1965, 92; A 1967, 832; 1973, 1406; 1993,
1856)—(Substituted in revision for NRS 616.083)
Volunteer workers at a facility
for inpatients of the Division of Mental Health and Developmental
Services of the Department of Health and Human Services, while acting
under the direction or authorization of the supervisor of volunteer
services of such a facility, shall be deemed, for the purpose of chapters
616A to 616D ,
inclusive, of NRS, employees of the facility, receiving a wage of $350
per month, and are entitled to the benefits of those chapters upon
compliance therewith by the facility.
(Added to NRS by 1969, 236; A 1973, 118, 1406; 1987, 921; 1999, 115
)
1. Except as otherwise provided in NRS 616B.603 , subcontractors, independent contractors and
the employees of either shall be deemed to be employees of the principal
contractor for the purposes of chapters 616A to 616D , inclusive,
of NRS.
2. If the subcontractor is a sole proprietor or partnership
licensed pursuant to chapter 624 of NRS, the
sole proprietor or partner shall be deemed to receive a wage of $500 per
month for the purposes of chapters 616A to
616D , inclusive, of NRS.
3. This section does not affect the relationship between a
principal contractor and a subcontractor or independent contractor for
any purpose outside the scope of chapters 616A to 616D , inclusive,
of NRS.
[22:168:1947; A 1951, 485]—(NRS A 1987, 2047; 1991,
2399)—(Substituted in revision for NRS 616.085)
1. Except as otherwise provided in subsection 3, any person who is
an apprentice or trainee shall be deemed for the purposes of chapters
616A to 616D ,
inclusive, of NRS to be an employee of an apprenticeship committee
registered with the State Apprenticeship Council at a wage of $150 per
month while he is:
(a) Attending a class for vocational training; or
(b) Receiving bona fide instruction as an apprentice or trainee,
Ê under the direction of the apprenticeship committee. Such an apprentice
or trainee is entitled to the benefits of chapters 616A to 616D , inclusive,
of NRS.
2. A person who is an apprentice or trainee shall be deemed for
the purposes of chapters 616A to 616D
, inclusive, of NRS to be an employee of an
employer who is participating in a program of training and instruction as
an apprentice or trainee approved pursuant to chapter 610 of NRS while:
(a) The apprentice or trainee is performing work for that employer;
and
(b) The employer is paying the apprentice or trainee a wage for the
work performed.
Ê The apprentice or trainee shall be deemed to be an employee at a wage
equal to his average monthly wage as determined pursuant to the
regulations adopted by the Administrator pursuant to NRS 616C.420 and is entitled to the benefits of chapters
616A to 616D ,
inclusive, of NRS.
3. If an apprentice or trainee who is employed by an employer
participating in a program of training and instruction is injured while
he is deemed to be an employee of the apprenticeship committee pursuant
to subsection 1 and the apprentice or trainee is unable to work for an
employer participating in the program solely because of that injury, the
apprentice or trainee shall be deemed to be an employee of the
apprenticeship committee at a wage of $150 per month or at his average
monthly wage as determined pursuant to the regulations adopted by the
Administrator pursuant to NRS 616C.420 , whichever is greater.
4. As used in this section, “trainee” means a person who is under
the direction of an apprenticeship committee specified in subsection 1
and, for that purpose, is described by that apprenticeship committee as a
“journeyworker trainee.”
(Added to NRS by 1981, 710; A 1983, 1292; 1997, 2766; 2001, 363
)
1. Each person licensed pursuant to chapter 645 of NRS as a real estate broker, broker-salesman or
salesman who does business in this State and receives wages, commissions
or other compensation based upon activities for which the license is
required may elect coverage pursuant to chapters 616A to 616D , inclusive,
of NRS. If coverage is so elected, the real estate broker,
broker-salesman or salesman shall be deemed for the purpose of those
chapters to earn wages of $1,500 per month. Except as otherwise provided
in subsection 2, not more than one premium may be collected from such a
licensee for the wages, commission or other compensation he receives from
any activity for which such a license is required.
2. Except as otherwise provided in this subsection, if a licensee
holds both an individual broker license and a corporate broker license,
the licensee shall pay the premium for coverage under the corporate
broker license only and is limited to recovery of benefits in accordance
with the deemed compensation attributed to that license only. If a
licensee holds both an individual broker license and a corporate broker
license and elects to pay premiums for coverage under the individual
broker license also, he may recover benefits in accordance with the
deemed compensation attributed to both licenses.
(Added to NRS by 1977, 927; A 1991, 1688; 1995, 2130)—(Substituted
in revision for NRS 616.087)
1. Any person who participates in a training program approved
pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive, is entitled to the
benefits of chapters 616A to 616D , inclusive, of NRS and, except as provided in
subsection 2, shall be deemed an employee of the person receiving the
grant to conduct the program, at a wage:
(a) Of $150 per month if he is receiving formal instruction in a
classroom;
(b) Equal to his actual remuneration if he is being trained under
actual working conditions and he is paid a wage by the recipient of the
grant; or
(c) Of $150 per month or his actual remuneration, whichever is
greater, if he is being so trained and instructed and receiving a wage
from the recipient of the grant.
2. Any person who participates in a training program approved
pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive, where he is trained on
the job and is paid a wage directly by the employer shall be deemed an
employee of that employer and is entitled to the benefits of chapters
616A to 616D ,
inclusive, of NRS.
(Added to NRS by 1985, 575)—(Substituted in revision for NRS
616.088)
“Employer” means:
1. Except as otherwise provided in subsection 4 of NRS 616B.627
, the State, and each county, city,
school district, and all public and quasi-public corporations therein
without regard to the number of persons employed.
2. Every person, firm, voluntary association and private
corporation, including any public service corporation, which has in
service any person under a contract of hire.
3. The legal representative of any deceased employer.
4. The Nevada Rural Housing Authority.
5. An owner or principal contractor who establishes and
administers a consolidated insurance program pursuant to NRS 616B.710
, with respect to the employees
covered under that consolidated insurance program.
[9:168:1947; A 1949, 659; 1943 NCL § 2680.9]—(NRS A 1981, 710;
1995, 819; 1999, 3140 ; 2001, 608 )
“External
review organization” means an organization which has been issued a
certificate pursuant to NRS 616A.469
that authorizes the organization to conduct external reviews for the
purposes of chapters 616A to 617 , inclusive, of NRS.
(Added to NRS by 2003, 2330 )
“Foot” shall be considered as that
portion below the junction of the middle and lower thirds of the leg.
[Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision
for NRS 616.095)
“Hand” shall be considered as that
portion below the junction of the middle and lower thirds of the forearm.
[Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision
for NRS 616.100)
“Incarcerated” means
confined in:
1. Any local detention facility, county jail, state prison,
reformatory or other correctional facility as a result of a conviction or
a plea of guilty or nolo contendere in a criminal proceeding; or
2. Any institution or facility for the mentally ill as a result of
a plea of not guilty by reason of insanity in a criminal proceeding,
Ê in this State, another state or a foreign country.
(Added to NRS by 1993, 659; A 1995, 2476; 2003, 1497 )
“Independent
contractor” means any person who renders service for a specified
recompense for a specified result, under the control of his principal as
to the result of his work only and not as to the means by which such
result is accomplished.
[14:168:1947; 1943 NCL § 2680.14]—(Substituted in revision for NRS
616.105)
“Industrial
insurance” means insurance which provides the compensation required by
chapters 616A to 617 , inclusive, of NRS and employer’s liability
insurance incidental to and provided in connection with that insurance.
(Added to NRS by 1995, 200)
1. “Injury” or “personal injury” means a sudden and tangible
happening of a traumatic nature, producing an immediate or prompt result
which is established by medical evidence, including injuries to
prosthetic devices. Except as otherwise provided in subsection 3, any
injury sustained by an employee while engaging in an athletic or social
event sponsored by his employer shall be deemed not to have arisen out of
or in the course of employment unless the employee received remuneration
for participation in the event.
2. For the purposes of chapters 616A
to 616D , inclusive, of NRS:
(a) Coronary thrombosis, coronary occlusion, or any other ailment
or disorder of the heart, and any death or disability ensuing therefrom,
shall be deemed not to be an injury by accident sustained by an employee
arising out of and in the course of his employment.
(b) The exposure of an employee to a contagious disease while
providing medical services, including emergency medical care, in the
course and scope of his employment shall be deemed to be an injury by
accident sustained by the employee arising out of and in the course of
his employment.
(c) Except as otherwise provided in paragraph (d), the exposure to
a contagious disease of a police officer or a salaried or volunteer
firefighter who was exposed to the contagious disease:
(1) Upon battery by an offender; or
(2) While performing the duties of a police officer or
firefighter,
Ê shall be deemed to be an injury by accident sustained by the police
officer or firefighter arising out of and in the course of his employment
if the exposure is documented by the creation and maintenance of a report
concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS
616C.052 . As used in this paragraph,
the term “battery” includes, without limitation, the intentional
propelling or placing, or the causing to be propelled or placed, of any
human excrement or bodily fluid upon the person of an employee.
(d) If a police officer or a salaried or volunteer firefighter
tests positive for exposure to tuberculosis or another contagious disease
under the circumstances described in subsection 2 or 3 of NRS 616C.052
, he shall be deemed to have sustained
an injury by accident arising out of and in the course of his employment,
unless the insurer can prove by a preponderance of the evidence that the
exposure was not related to the employment of the police officer or
firefighter.
3. Any injury sustained by an employee of a school district while
engaging in an athletic or social event shall be deemed to have arisen
out of and in the course of his employment, whether or not the employee
received remuneration for participation in the event, if:
(a) The event was sponsored by the school district, or the event
was an extracurricular activity which was sponsored or organized by a
student class, student group or student organization for an educational,
recreational or charitable purpose and which was reasonably related to
the employee’s job with the school district;
(b) The employee participated in the event at the request of or
with the concurrence of supervisory personnel, whether the request or
concurrence was oral or written; and
(c) The employee participated in the event to enable the event to
take place or to ensure the safety and well-being of any students of the
school district.
[19:168:1947; A 1951, 485]—(NRS A 1975, 619; 1981, 1196; 1991,
2400; 1993, 694; 1999, 2446 ; 2001, 1015 , 1872 ; 2003, 104 , 2793 ; 2005, 341 , 2237 )
“Insurer” includes:
1. A self-insured employer;
2. An association of self-insured public employers;
3. An association of self-insured private employers; and
4. A private carrier.
(Added to NRS by 1981, 1449; A 1993, 694; 1995, 2009; 1999, 1760
)
“Medical facility” means
a hospital, clinic or other facility that provides treatment to an
employee who:
1. Is injured by an accident; or
2. Contracts an occupational disease,
Ê arising out of and in the course of his employment.
(Added to NRS by 2003, 2303 )
“Organization for managed care” means any person who:
1. Provides or arranges for the provision of medical and health
care services;
2. Establishes objectives, standards and protocols for such
services;
3. Organizes providers of health care to ensure the availability
and accessibility of such services; and
4. Establishes a system that allows for the submission of reports
to an insurer that are necessary to evaluate the effectiveness and cost
of delivering medical and health care services to injured employees.
(Added to NRS by 1993, 660; A 1995, 2009)—(Substituted in revision
for NRS 616.1114)
“Owner-controlled insurance program” means a consolidated insurance
program that is established and administered by the owner of the
construction project.
(Added to NRS by 1999, 3139 )
“Police officer” has the
meaning ascribed to it in NRS 617.135 .
(Added to NRS by 1999, 2445 )
“Policy year” means the
12-month period during which a policy of industrial insurance is
effective.
(Added to NRS by 2001, 2447 )
“Principal
contractor” means a person who:
1. Coordinates all the work on an entire project;
2. Contracts to complete an entire project;
3. Contracts for the services of any subcontractor or independent
contractor; or
4. Is responsible for payment to any contracted subcontractors or
independent contractors.
(Added to NRS by 1991, 2390)—(Substituted in revision for NRS
616.1115)
“Private carrier” means
any insurer or the legal representative of an insurer authorized to
provide industrial insurance pursuant to chapters 616A to 617 , inclusive, of
NRS. The term does not include a self-insured employer or an association
of self-insured public or private employers.
(Added to NRS by 1995, 2000; A 1999, 1760 )
“Private employer” means
any person, other than a public employer, who has in service any person
under a contract of hire who is not excluded from the term “employee”
pursuant to NRS 616A.110 .
(Added to NRS by 1993, 660)—(Substituted in revision for NRS
616.1116)
“Public employer” means
the State and a county, city, school district and public or quasi-public
corporation within this State.
(Added to NRS by 1993, 660)—(Substituted in revision for NRS
616.1117)
“Self-insured
employer” means any employer who possesses a certification from the
Commissioner of Insurance that he has the capability to assume the
responsibility for the payment of compensation pursuant to chapters 616A
to 617 ,
inclusive, of NRS.
(Added to NRS by 1979, 1035; A 1995, 2009)—(Substituted in revision
for NRS 616.112)
“Sole proprietor” means a
self-employed owner of an unincorporated business and includes working
partners and members of working associations. Coverage remains in effect
only if the sole proprietor remains a domiciliary of Nevada.
(Added to NRS by 1975, 1017; A 1987, 598)—(Substituted in revision
for NRS 616.114)
“Solicitor” means a person who:
1. Forms or proposes to form; or
2. Proposes to secure funds for forming or financing or recruiting
members for,
Ê an association of public or private self-insured employers.
(Added to NRS by 1995, 1974)
“State
Industrial Insurance System” means that entity established by section 79
of chapter 642, Statutes of Nevada 1981, at page 1449.
(Added to NRS by 1999, 1758 )
“Subcontractors” shall
include independent contractors.
[21:168:1947; 1943 NCL § 2680.21]—(Substituted in revision for NRS
616.115)
“Tangible net worth”
means all of the assets of an association of self-insured private
employers or of a member of such an association except:
1. Accounts receivable, if they are factored or collateralized.
2. An inventory, except one held for resale and not collateralized.
3. A prepaid expense.
4. An unqualified investment.
5. An allocated bond fund.
6. An investment in an affiliate.
7. A restricted fund.
8. A reserve.
9. A security cost, such as a capitalized bond cost.
10. A cash equivalent, unless it is described in the footnotes for
the balance sheet by item, and for investments, by duration and nature. A
cash flow statement is not a sufficient description.
11. A contingency or commitment, including any estimated cost.
12. Any book adjustment caused by a change in an accounting policy
or a restatement.
13. Goodwill or excess cost over the fair market value of assets.
14. Any other items listed in the assets that are deemed
unacceptable by the Commissioner because they cannot be justified or
because they do not directly support the ability of the association or
the member to pay a claim.
(Added to NRS by 1995, 1974)
“Third-party
administrator” means a person who is hired by an insurer to provide
administrative services for the insurer and manage claims. The term does
not include an insurance company.
(Added to NRS by 1991, 2390)—(Substituted in revision for NRS
616.1165)
“Total disability” means
incapacity resulting from an accident arising out of and in the course of
employment which prevents the covered workman from engaging, for
remuneration or profit, in any occupation for which he is or becomes
reasonably fitted by education, training or experience.
(Added to NRS by 1973, 367)—(Substituted in revision for NRS
616.117)
“Trade association”
means an association of firms concerned with:
1. A single product or service;
2. A number of closely related products or services; or
3. Contractors, manufacturers, distributors or retailers of a
product or service or a number of closely related products or services,
Ê as determined by the Commissioner.
(Added to NRS by 1995, 1975)
“Trade, business, profession or occupation of his
employer” includes all services tending toward the preservation,
maintenance or operation of the business, business premises, or business
property of the employer.
[13:168:1947; 1943 NCL § 2680.13]—(Substituted in revision for NRS
616.120)
“Utilization review”
has the meaning ascribed to it in NRS 683A.376 .
(Added to NRS by 1993, 660)—(Substituted in revision for NRS
616.122)
“Vocational rehabilitation services” has the meaning ascribed to it in
NRS 615.140 .
(Added to NRS by 1991, 2390)—(Substituted in revision for NRS
616.123)
DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND
INDUSTRY
The
Administrator shall:
1. Prescribe by regulation the time within which adjudications and
awards must be made.
2. Regulate forms of notices, claims and other blank forms deemed
proper and advisable.
3. Prescribe by regulation the methods by which an insurer may
approve or reject claims, and may determine the amount and nature of
benefits payable in connection therewith.
4. Prescribe by regulation the method for reimbursing an injured
employee for expenses necessarily incurred for travel more than 20 miles
one way from his residence or place of employment to his destination as a
result of an industrial injury.
5. Determine whether an insurer has provided adequate facilities
in this State to administer claims and for the retention of a file on
each claim.
6. Evaluate the services of private carriers provided to employers
in:
(a) Controlling losses; and
(b) Providing information on the prevention of industrial accidents
or occupational diseases.
7. Conduct such investigations and examinations of insurers as he
deems reasonable to determine whether any person has violated the
provisions of chapters 616A to 616D , inclusive, or chapter 617 of NRS or to obtain information useful to enforce or
administer these chapters.
8. Except with respect to any matter committed by specific statute
to the regulatory authority of another person or agency, adopt such other
regulations as he deems necessary to carry out the provisions of chapters
616A to 617 ,
inclusive, of NRS.
[Part 44:168:1947; 1943 NCL § 2680.44]—(NRS A 1969, 1101; 1973,
599, 1597; 1977, 83; 1979, 1042; 1981, 1459; 1985, 863; 1991, 2401; 1993,
703; 1995, 2013; 1999, 1760 )
1. The Administrator shall make available a program, using a
videotape cassette or other means of presentation, concerning the rights
and responsibilities of employers and employees pursuant to chapters 616A
to 617 ,
inclusive, of NRS. The Administrator shall provide written notification
concerning the availability of the program to each chamber of commerce in
Nevada and to each statewide association for a business or industry. The
program must be available to community organizations, businesses,
employers and employees upon request.
2. The Administrator shall provide each:
(a) Employer who attends a program, a certificate which certifies
that he has completed the program described in subsection 1. The employer
shall post the certificate in his business in a place that is readily
accessible and visible to his employees.
(b) Employee who attends a program, a card which certifies that he
has completed the program described in subsection 1.
(Added to NRS by 1991, 2395; A 1993, 697; 1997, 1430)—(Substituted
in revision for NRS 616B.203)
1. The Administrator shall prepare an annual report concerning the
enforcement of the provisions of chapters 616A to 617 , inclusive, of
NRS through the imposition of fines and benefit penalties against
insurers, organizations for managed care, health care providers,
third-party administrators and employers.
2. The annual report must include, without limitation:
(a) The total number of complaints filed with the Administrator
involving alleged conduct that is sanctionable by a fine or benefit
penalty;
(b) The total number of investigations conducted by the
Administrator involving alleged conduct that is sanctionable by a fine or
benefit penalty;
(c) The disposition of each such complaint and investigation,
including, without limitation, whether the Administrator imposed or
refused to impose a fine or benefit penalty and, if the Administrator
imposed a fine or benefit penalty, the amount of the fine or benefit
penalty; and
(d) The disposition of any administrative appeal or action for
judicial review involving the decision of the Administrator to impose or
refuse to impose a fine or benefit penalty.
(Added to NRS by 2005, 99 )
The Administrator shall include
on any notice or form that is provided to injured employees and is on the
Internet website of the Division, contact information for the Office for
Consumer Health Assistance created pursuant to NRS 223.550 .
(Added to NRS by 2005, 1074 )
The Administrator
may adopt regulations relating to NRS 244.33505 and 268.0955 , including regulations specifying the form of
the affidavit required by those sections.
(Added to NRS by 1991, 2390)—(Substituted in revision for NRS
616.2205)
1. The Administrator may prosecute, defend and maintain actions in
the name of the Administrator for the enforcement of the provisions of
chapters 616A to 616D , inclusive, or 617 of
NRS and is entitled to all extraordinary writs provided by the
Constitution of the State of Nevada, the statutes of this State and the
Nevada Rules of Civil Procedure in connection therewith for the
enforcement thereof.
2. Verification of any pleading, affidavit or other paper required
may be made by the Administrator.
3. In any action or proceeding or in the prosecution of any appeal
by the Administrator, no bond or undertaking need be furnished by the
Administrator.
[82:168:1947; 1943 NCL § 2680.82]—(NRS A 1969, 1101; 1981, 1459;
1999, 207 )
Repealed. (See chapter 318, Statutes of
Nevada 2005, at page 1094 .)
1. Except as otherwise provided in chapters 616A to 617 , inclusive, of
NRS, a form, notice, claim, bill or other document required to be filed,
mailed or delivered pursuant to the provisions of those chapters, or any
regulations adopted pursuant thereto, may, in the alternative, be filed
or delivered by electronic transmission.
2. For the purposes of the provisions of chapters 616A to 617 , inclusive, of
NRS, and any regulations adopted pursuant thereto, a signature on a form,
notice, claim, bill or other document that is filed or delivered by
electronic transmission has the same legal effect as the original
signature.
3. The Administrator may adopt such regulations as are necessary
to provide for the filing or delivery of such documents by electronic
transmission.
(Added to NRS by 1997, 1423)
1. The Administrator may enter into agreements or compacts with
appropriate agencies, bureaus, boards or commissions of other states
concerning matters of mutual interest, extraterritorial problems in the
administration of chapters 616A to 616D
, inclusive, or chapter 617 of NRS, and to eliminate duplicate claims or
benefits.
2. The insurer may provide liability insurance coverage against
any risks of double liability on the part of employers subject to
chapters 616A to 616D , inclusive, or chapter 617 of NRS, for the same accident or injury.
(Added to NRS by 1973, 368; A 1981, 1461; 1999, 208 )
1. There is hereby established in the State Treasury the Fund for
Workers’ Compensation and Safety as an enterprise fund. All money
received from assessments levied on insurers and employers by the
Administrator pursuant to NRS 232.680
must be deposited in this Fund.
2. All assessments, penalties, bonds, securities and all other
properties received, collected or acquired by the Division for functions
supported in whole or in part from the Fund must be delivered to the
custody of the State Treasurer for deposit to the credit of the Fund.
3. All money and securities in the Fund must be used to defray all
costs and expenses of administering the program of workmen’s
compensation, including the payment of:
(a) All salaries and other expenses in administering the Division
of Industrial Relations, including the costs of the office and staff of
the Administrator.
(b) All salaries and other expenses of administering NRS 616A.435
to 616A.460 , inclusive, the offices of the Hearings
Division of the Department of Administration and the programs of
self-insurance and review of premium rates by the Commissioner.
(c) The salary and other expenses of a full-time employee of the
Legislative Counsel Bureau whose principal duties are limited to
conducting research and reviewing and evaluating data related to
industrial insurance.
(d) All salaries and other expenses of the Fraud Control Unit for
Industrial Insurance established pursuant to NRS 228.420 .
(e) Claims against uninsured employers arising from compliance with
NRS 616C.220 and 617.401 .
(f) That portion of the salaries and other expenses of the Office
for Consumer Health Assistance established pursuant to NRS 223.550 that is related to providing assistance to
consumers and injured employees concerning workers’ compensation.
4. The State Treasurer may disburse money from the Fund only upon
written order of the Controller.
5. The State Treasurer shall invest money of the Fund in the same
manner and in the same securities in which he is authorized to invest
state general funds which are in his custody. Income realized from the
investment of the assets of the Fund must be credited to the Fund.
6. The Commissioner shall assign an actuary to review the
establishment of assessment rates. The rates must be filed with the
Commissioner 30 days before their effective date. Any insurer or employer
who wishes to appeal the rate so filed must do so pursuant to NRS
679B.310 .
7. If the Division refunds any part of an assessment, the Division
shall include in that refund any interest earned by the Division from the
refunded part of the assessment.
(Added to NRS by 1981, 1454; A 1991, 207, 2414, 2440; 1993, 1867,
2803; 1995, 625; 1999, 1760 ; 2001, 959 , 2755 ; 2003, 2808 )
1. There is hereby established in the State Treasury the Uninsured
Employers’ Claim Account in the Fund for Workers’ Compensation and
Safety, which may be used only for the purpose of making payments in
accordance with the provisions of NRS 616C.220 , 616C.453 and 617.401 . The Administrator shall administer the
Account and shall credit any excess money toward the assessments of the
insurers for the succeeding years.
2. All assessments, penalties, bonds, securities and all other
properties received, collected or acquired by the Administrator for the
Uninsured Employers’ Claim Account must be delivered to the custody of
the State Treasurer.
3. All money and securities in the Account must be held by the
State Treasurer as custodian thereof to be used solely for workers’
compensation.
4. The State Treasurer may disburse money from the Account only
upon written order of the State Controller.
5. The State Treasurer shall invest money of the Account in the
same manner and in the same securities in which he is authorized to
invest money of the State General Fund. Income realized from the
investment of the assets of the Account must be credited to the Account.
6. The Administrator shall assess each insurer, including each
employer who provides accident benefits for injured employees pursuant to
NRS 616C.265 , an amount to be
deposited in the Uninsured Employers’ Claim Account. To establish the
amount of the assessment, the Administrator shall determine the amount of
money necessary to maintain an appropriate balance in the Account for
each fiscal year and shall allocate a portion of that amount to be
payable by private carriers, a portion to be payable by self-insured
employers, a portion to be payable by associations of self-insured public
or private employers and a portion to be payable by the employers who
provide accident benefits pursuant to NRS 616C.265 , based upon the expected annual expenditures
for claims of each group of insurers. After allocating the amounts
payable, the Administrator shall apply an assessment rate to the:
(a) Private carriers that reflects the relative hazard of the
employments covered by the private carriers, results in an equitable
distribution of costs among the private carriers and is based upon
expected annual premiums to be received;
(b) Self-insured employers that results in an equitable
distribution of costs among the self-insured employers and is based upon
expected annual expenditures for claims;
(c) Associations of self-insured public or private employers that
results in an equitable distribution of costs among the associations of
self-insured public or private employers and is based upon expected
annual expenditures for claims; and
(d) Employers who provide accident benefits pursuant to NRS
616C.265 that reflects the relative
hazard of the employments covered by those employers, results in an
equitable distribution of costs among the employers and is based upon
expected annual expenditures for claims.
Ê The Administrator shall adopt regulations for the establishment and
administration of the assessment rates, payments and any penalties that
the Administrator determines are necessary to carry out the provisions of
this subsection. As used in this subsection, the term “group of insurers”
includes the group of employers who provide accident benefits for injured
employees pursuant to NRS 616C.265 .
7. The Commissioner shall assign an actuary to review the
establishment of assessment rates. The rates must be filed with the
Commissioner 30 days before their effective date. Any insurer who wishes
to appeal the rate so filed must do so pursuant to NRS 679B.310 .
(Added to NRS by 1981, 1455; A 1991, 208; 1993, 1869, 2804; 1995,
625; 1997, 127; 2001, 2447 , 2755 ; 2005, 1315 )
NEVADA ATTORNEY FOR INJURED WORKERS
1. The Office of the Nevada Attorney for Injured Workers is hereby
created within the Department of Business and Industry. The Governor
shall appoint the Nevada Attorney for Injured Workers for a term of 4
years.
2. The Nevada Attorney for Injured Workers:
(a) Must be an attorney licensed to practice law in this State.
(b) Is in the unclassified service of the State.
(c) Except as otherwise provided in NRS 7.065 , shall not engage in the private practice of
law.
3. The duties of the Nevada Attorney for Injured Workers are
limited to those prescribed by NRS 616A.455 and 616A.460 .
(Added to NRS by 1977, 886; A 1979, 310; 1981, 1285; 1985, 667;
1989, 204; 1991, 833; 1993, 1861)—(Substituted in revision for NRS
616.253)
1. The Nevada Attorney for Injured Workers may employ:
(a) A Deputy Nevada Attorney for Injured Workers who is in the
unclassified service of the State.
(b) Clerical and other necessary staff who are in the classified
service of the State.
2. The Deputy must be an attorney licensed to practice law in this
State and, except as otherwise provided in NRS 7.065 , shall not engage in the private practice of
law.
(Added to NRS by 1977, 886; A 1985, 443, 667; 1989, 204; 1991,
833)—(Substituted in revision for NRS 616.2531)
1. The Nevada Attorney for Injured Workers shall establish an
office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.
2. The Nevada Attorney for Injured Workers shall prepare and
submit a budget for the maintenance and operation of his office in the
same manner as other state agencies.
(Added to NRS by 1977, 886; A 1979, 1044; 1981, 1463; 1983, 1294;
1985, 667; 1991, 59, 833, 1934, 1935)—(Substituted in revision for NRS
616.2533)
1. Any claimant may request the appointment of the Nevada Attorney
for Injured Workers to represent him. The request must be made in writing.
2. The appeals officer or Administrator, as the case may be, shall
consider each request within a reasonable time and shall make any inquiry
as he deems necessary. If he finds that the claimant would be better
served by legal representation in the case, he shall appoint the Nevada
Attorney for Injured Workers to represent the claimant. Once the Nevada
Attorney for Injured Workers has been appointed to represent a claimant,
the Nevada Attorney for Injured Workers is authorized to represent the
claimant at any level of proceedings if, in the opinion of the Nevada
Attorney for Injured Workers, the representation is necessary.
(Added to NRS by 1977, 886; A 1983, 478; 1985, 667; 1989, 818;
1991, 833)—(Substituted in revision for NRS 616.2535)
1. Except as otherwise provided in subsection 3, the Nevada
Attorney for Injured Workers shall, when appointed by an appeals officer
or the Administrator, represent without charge a claimant before the
appeals officer, Administrator, district court or Supreme Court. In
addition, the Nevada Attorney for Injured Workers may give advice
regarding a claimant’s rights before a hearing officer and the procedure
for enforcing those rights.
2. When representing a claimant, the Nevada Attorney for Injured
Workers shall:
(a) Advise the claimant and present his case to the appeals officer
or Administrator; and
(b) Present in the district court or Supreme Court an appeal from
the decision of the appeals officer or Administrator if, in the opinion
of the Nevada Attorney for Injured Workers, the appeal is merited.
3. If the Nevada Attorney for Injured Workers determines, in
accordance with the guidelines adopted pursuant to subsection 4, that a
claim is frivolous or lacks merit, he may refuse to represent a claimant.
4. The Nevada Attorney for Injured Workers shall establish the
policies to be followed in determining whether a claim is frivolous or
lacks merit.
(Added to NRS by 1977, 886; A 1985, 668; 1989, 818; 1991, 834,
2403)—(Substituted in revision for NRS 616.2537)
1. The provisions of NRS 616A.435 to 616A.460 , inclusive, do not prevent any claimant from
engaging private counsel at any time, but the employment of private
counsel relieves the Nevada Attorney for Injured Workers from further
presentation of the claimant’s case. Any claimant who uses the services
of the Nevada Attorney for Injured Workers and who also retains private
counsel shall reimburse the Division for the reasonable cost of the
services of the Nevada Attorney for Injured Workers.
2. The Nevada Attorney for Injured Workers shall submit a report
to the Governor containing a statement of the number of claimants
represented, the status of each case and the amount and nature of the
expenditures made by his office.
(Added to NRS by 1977, 887; A 1981, 1463; 1985, 668; 1991, 834;
1993, 1861)—(Substituted in revision for NRS 616.2539)
ADDITIONAL DUTIES OF PUBLIC AGENCIES
1. Except as otherwise provided in this section, the Division
shall:
(a) Regulate insurers pursuant to chapters 616A to 617 , inclusive, of
NRS;
(b) Investigate insurers regarding compliance with statutes and the
Division’s regulations;
(c) Determine whether an employee leasing company is entitled to a
certificate of registration pursuant to NRS 616B.673 ; and
(d) Regulate employee leasing companies pursuant to the provisions
of NRS 616B.670 to 616B.697 , inclusive.
2. The Commissioner is responsible for reviewing rates,
investigating the solvency of insurers, authorizing private carriers
pursuant to chapter 680A of NRS and
certifying:
(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330 , inclusive, and 616B.336 ;
(b) Associations of self-insured public or private employers
pursuant to NRS 616B.350 to 616B.446
, inclusive; and
(c) Third-party administrators pursuant to chapter 683A of NRS.
3. The Department of Administration is responsible for contested
claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385 , inclusive. The Administrator is responsible
for administrative appeals pursuant to NRS 616B.215 .
4. The Nevada Attorney for Injured Workers is responsible for
legal representation of claimants pursuant to NRS 616A.435 to 616A.460 , inclusive, and 616D.120 .
5. The Division is responsible for the investigation of
complaints. If a complaint is filed with the Division, the Administrator
shall cause to be conducted an investigation which includes a review of
relevant records and interviews of affected persons. If the Administrator
determines that a violation may have occurred, the Administrator shall
proceed in accordance with the provisions of NRS 616D.120 and 616D.130 .
6. As used in this section, “employee leasing company” has the
meaning ascribed to it in NRS 616B.670 .
(Added to NRS by 1981, 1453; A 1983, 355; 1985, 666; 1991, 831,
2400; 1993, 699, 700, 1856; 1995, 531, 542, 1638, 2010, 2130; 1997, 285,
532, 535; 1999, 400 , 1714 , 2412 ; 2001, 170 )
1. The Commissioner or the Administrator may delegate to a hearing
officer or panel his authority to take any disciplinary action pursuant
to NRS 616B.318 , 616B.321 , 616B.350 to 616B.446 , inclusive, 616B.463 , 616B.472 or 616D.120 , impose and collect administrative fines
pursuant to those sections and deposit the money in the Fund for Workers’
Compensation and Safety.
2. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 1 and the Commissioner or the
Administrator deposits the money collected from the imposition of
administrative fines with the State Treasurer for credit to the State
General Fund, he may present a claim to the State Board of Examiners for
recommendation to the Interim Finance Committee if money is needed to pay
attorney’s fees or the costs of an investigation, or both.
[84:168:1947; 1943 NCL § 2680.84]—(NRS A 1965, 1344; 1973, 602;
1981, 1477; 1983, 1532; 1985, 584; 1989, 893; 1993, 724; 1995, 2028;
1999, 1715 , 1766 )—(Substituted in revision for NRS
616B.086)
1. The Commissioner may issue certificates authorizing qualified
external review organizations to conduct external reviews for the
purposes of chapters 616A to 617 , inclusive, of NRS. If the Commissioner issues such
certificates and the Commissioner determines that an external review
organization is qualified to conduct external reviews for the purposes of
chapters 616A to 617 , inclusive, of NRS, the Commissioner shall issue a
certificate to the external review organization that authorizes the
organization to conduct such external reviews in accordance with the
provisions of NRS 616C.363 and the
regulations adopted by the Commissioner.
2. The Commissioner may adopt regulations setting forth the
procedures that an external review organization must follow to be issued
a certificate to conduct external reviews. Any regulations adopted
pursuant to this section must include, without limitation, provisions
setting forth:
(a) The manner in which an external review organization may apply
for a certificate and the requirements for the issuance and renewal of
the certificate pursuant to this section;
(b) The grounds for which the Commissioner may refuse to issue,
suspend, revoke or refuse to renew a certificate issued pursuant to this
section;
(c) The manner and circumstances under which an external review
organization is required to conduct its business; and
(d) A fee for issuing or renewing a certificate of an external
review organization pursuant to this section. The fee must not exceed the
cost of issuing or renewing the certificate.
3. A certificate issued pursuant to this section expires 1 year
after it is issued and may be renewed in accordance with regulations
adopted by the Commissioner.
4. Before the Commissioner may issue a certificate to an external
review organization, the external review organization must:
(a) Demonstrate to the satisfaction of the Commissioner that it is
able to carry out, in a timely manner, the duties of an external review
organization as set forth in NRS 616C.363 and the regulations adopted by the
Commissioner. The demonstration must include, without limitation, proof
that the external review organization employs, contracts with or
otherwise retains only persons who are qualified because of their
education, training, professional licensing and experience to perform the
duties assigned to those persons; and
(b) Provide assurances satisfactory to the Commissioner that the
external review organization will:
(1) Conduct external reviews in accordance with the
provisions of NRS 616C.363 and the
regulations adopted by the Commissioner;
(2) Render its decisions in a clear, consistent, thorough
and timely manner; and
(3) Avoid conflicts of interest.
5. For the purposes of this section, an external review
organization has a conflict of interest if the external review
organization or any employee, agent or contractor of the external review
organization who conducts an external review has a professional, familial
or financial interest of a material nature with respect to any person who
has a substantial interest in the outcome of the external review,
including, without limitation:
(a) The claimant;
(b) The employer; or
(c) The insurer or any officer, director or management employee of
the insurer.
6. The Commissioner shall not issue a certificate to an external
review organization that is affiliated with:
(a) An organization for managed care which provides comprehensive
medical and health care services to employees for injuries or diseases
pursuant to chapters 616A to 617 , inclusive, of NRS;
(b) An insurer;
(c) A third-party administrator; or
(d) A national, state or local trade association.
7. An external review organization which is certified or
accredited by an accrediting body that is nationally recognized shall be
deemed to have satisfied all the conditions and qualifications required
for the external review organization to be issued a certificate pursuant
to this section.
(Added to NRS by 2003, 2330 )
ADMINISTRATIVE DUTIES OF EMPLOYERS
1. Except as otherwise provided in subsection 2, each self-insured
employer, association of self-insured public or private employers and
private carrier shall compensate the office of the Nevada Attorney for
Injured Workers or the Hearings Division of the Department of
Administration, as appropriate, for all services which the Occupational
Safety and Health Review Board, the Nevada Attorney for Injured Workers,
the mediators and the appeals officers provide to those employers. The
cost of any service must be negotiated by the employer, association or
private carrier, and the Nevada Attorney for Injured Workers or the
Division, as appropriate, before the employer, association or private
carrier is charged for the service.
2. All compensation must be on the basis of actual cost and not on
a basis which includes any subsidy for the Office of the Nevada Attorney
for Injured Workers, the Division or other employers.
(Added to NRS by 1979, 1039; A 1981, 1461; 1985, 667; 1991, 832;
1993, 707, 708; 1995, 2014; 1997, 1423; 1999, 444 , 1761 )
1. Every self-insured employer, association of self-insured public
or private employers or private carrier shall furnish to the
Administrator, upon request, all information required to carry out the
purposes of chapters 616A to 616D , inclusive, or chapter 617 of NRS. The Administrator or any person employed by
him for that purpose, may examine, under oath, any employer or officer,
agent or employee thereof.
2. Every insured employer shall keep on hand constantly a
sufficient supply of blank forms furnished by the insurer.
[Part 44:168:1947; 1943 NCL § 2680.44] + [45:168:1947; 1943 NCL §
2680.45]—(NRS A 1981, 1165, 1468; 1995, 2021; 1999, 208 , 1762 )
1. Every employer receiving from the insurer or Administrator any
blank form with directions to fill it out shall:
(a) Cause it to be filled out properly.
(b) Answer fully and correctly all questions therein propounded,
and if unable to do so, shall give sufficient reasons for his failure.
Answers to questions must be verified and returned to the insurer or
Administrator, as appropriate, within 6 working days.
2. If an employer fails to comply with the provisions of
subsection 1, the Administrator shall impose a fine of not more than
$1,000 for each failure to comply.
[46:168:1947; 1943 NCL § 2680.46]—(NRS A 1981, 1469; 1991, 2404;
1993, 712; 1995, 2022)—(Substituted in revision for NRS 616.330)
1. The books, records and payroll of an employer who is
self-insured, a member of an association of self-insured public or
private employers or insured by a private carrier must be open to
inspection by the Administrator or his auditor or agent to determine:
(a) The accuracy of the payroll;
(b) The number of persons employed; and
(c) Any other information necessary for the administration of
chapters 616A to 617 , inclusive, of NRS.
2. The books, records and payroll of an employer who is insured by
a private carrier must be open to inspection by that private carrier or
its auditor or agent in the manner prescribed in subsection 1.
[Part 80:168:1947; 1943 NCL § 2680.80]—(NRS A 1981, 1469; 1993,
1862; 1995, 2022; 1999, 1762 , 2413 ; 2001, 115 )
Every employer shall post a notice upon his
premises in a conspicuous place identifying his industrial insurer. The
notice must include the insurer’s name, business address and telephone
number and the name, business address and telephone number of its nearest
adjuster in this State. The employer shall at all times maintain the
notice provided for the information of his employees.
(Added to NRS by 1995, 2000)
1. Each employer shall ensure that a copy of his:
(a) Policy of industrial insurance, including the declaration page,
if the employer is insured by a private carrier;
(b) Certificate issued by the Commissioner pursuant to NRS 616B.312
, if the employer is self-insured; or
(c) Certificate issued by the Commissioner pursuant to NRS 616B.359
and of a certificate or letter issued
by the association of self-insured public or private employers verifying
that the employer is a member in good standing of the association, if the
employer is a member of an association of self-insured public or private
employers,
Ê is available at all times for inspection by the Administrator or his
auditor or agent or an investigator of the Attorney General at each of
the employer’s places of business, except that if such a place of
business is situated in a temporary location and is intended to remain in
the temporary location for not more than 1 year, the copy must be made
available at that place of business within 24 hours after being requested
by the Administrator, auditor, agent or investigator.
2. An employer insured by a private carrier, self-insured employer
or employer who is a member of an association of self-insured public or
private employers who violates the provisions of subsection 1 is guilty
of a misdemeanor.
(Added to NRS by 1997, 3216; A 1997, 3224; 2001, 800 )
