(Reprinted with amendments adopted on April 21, 2003)
FIRST REPRINT A.B. 495
Assembly Bill No. 495–Committee on Commerce and Labor
(On
Behalf of the Department of Business
and Industry, Attorney for Injured Workers)
March 24, 2003
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes relating to industrial insurance. (BDR 53‑468)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to industrial insurance; expanding the period during which an injured employee may request an extension of his program for vocational rehabilitation; revising provisions relating to the notice provided to a claimant concerning the closing of a claim; revising provisions relating to the notice provided to a claimant who elects to receive payment for a permanent partial disability in a lump sum; revising provisions relating to vocational rehabilitation services provided to an injured worker in another state; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 616C.230 is hereby amended to read as
1-2 follows:
1-3 616C.230 1. Compensation is not payable pursuant to the
1-4 provisions of chapters 616A to 616D, inclusive, or chapter 617 of
1-5 NRS for an injury:
1-6 (a) Caused by the employee’s willful intention to injure himself.
1-7 (b) Caused by the employee’s willful intention to injure another.
2-1 (c) Proximately caused by the employee’s intoxication. If the
2-2 employee was intoxicated at the time of his injury, intoxication must
2-3 be presumed to be a proximate cause unless rebutted by evidence to
2-4 the contrary.
2-5 (d) Proximately caused by the employee’s use of a controlled
2-6 substance. If the employee had any amount of a controlled substance
2-7 in his system at the time of his injury for which the employee did
2-8 not have a current and lawful prescription issued in his name or that
2-9 he was not using in accordance with the provisions of chapter 453A
2-10 of NRS, the controlled substance must be presumed to be a
2-11 proximate cause unless rebutted by evidence to the contrary.
2-12 2. For the purposes of paragraphs (c) and (d) of subsection 1:
2-13 (a) The affidavit or declaration of an expert or other person
2-14 described in NRS 50.310, 50.315 or 50.320 is admissible to prove
2-15 the existence of any alcohol or the existence, quantity or identity of
2-16 a controlled substance in an employee’s system. If the affidavit or
2-17 declaration is to be so used, it must be submitted in the manner
2-18 prescribed in NRS 616C.355.
2-19 (b) When an examination requested or ordered includes testing
2-20 for the use of alcohol or a controlled substance, the laboratory that
2-21 conducts the testing must be licensed pursuant to the provisions of
2-22 chapter 652 of NRS.
2-23 3. No compensation is payable for the death, disability or
2-24 treatment of an employee if his death is caused by, or insofar as his
2-25 disability is aggravated, caused or continued by, an unreasonable
2-26 refusal or neglect to submit to or to follow any competent and
2-27 reasonable surgical treatment or medical aid.
2-28 4. If any employee persists in an unsanitary or injurious
2-29 practice that imperils or retards his recovery, or refuses to submit to
2-30 such medical or surgical treatment as is necessary to promote his
2-31 recovery, his compensation may be reduced or suspended.
2-32 5. An injured employee’s compensation, other than accident
2-33 benefits, must be suspended if:
2-34 (a) A physician or chiropractor determines that the employee is
2-35 unable to undergo treatment, testing or examination for the
2-36 industrial injury solely because of a condition or injury that did not
2-37 arise out of and in the course of his employment; and
2-38 (b) It is within the ability of the employee to correct the
2-39 nonindustrial condition or injury.
2-40 The compensation must be suspended until the injured employee is
2-41 able to resume treatment, testing or examination for the industrial
2-42 injury. The insurer may elect to pay for the treatment of the
2-43 nonindustrial condition or injury.
3-1 Sec. 2. NRS 616C.235 is hereby amended to read as follows:
3-2 616C.235 1. Except as otherwise provided in subsections 2, 3
3-3 and 4:
3-4 (a) When the insurer determines that a claim should be closed
3-5 before all benefits to which the claimant may be entitled have been
3-6 paid, the insurer shall send a written notice of its intention to close
3-7 the claim to the claimant by first-class mail addressed to the last
3-8 known address of the claimant. The notice must include [a] :
3-9 (1) A statement that sets forth the effect the proposed
3-10 closure of the claim will have on the claimant’s right to receive
3-11 benefits and on any other issues relating to the claim;
3-12 (2) A statement printed in at least 10-point bold type that if
3-13 the claimant does not agree with the determination, he has a right to
3-14 request a resolution of the dispute pursuant to NRS 616C.305 and
3-15 616C.315 to 616C.385, inclusive[.] , and the time within which the
3-16 claimant may request a resolution of the dispute; and
3-17 (3) A suitable form for requesting a resolution of the dispute
3-18 . [must be enclosed with the notice.]
3-19 The closure of a claim pursuant to this subsection is not effective
3-20 unless notice is given as required by this [subsection.] paragraph.
3-21 (b) If the insurer does not receive a request for the resolution of
3-22 the dispute, it may close the claim.
3-23 (c) Notwithstanding the provisions of NRS 233B.125, if a
3-24 hearing is conducted to resolve the dispute, the decision of the
3-25 hearing officer may be served by first-class mail.
3-26 2. If, during the first 12 months after a claim is opened, the
3-27 medical benefits required to be paid for a claim are less than $300,
3-28 the insurer may close the claim at any time after he sends, by first-
3-29 class mail addressed to the last known address of the claimant,
3-30 written notice printed in at least 10-point bold type that:
3-31 (a) The claim is being closed pursuant to this subsection;
3-32 (b) The injured employee may appeal the closure of the claim
3-33 pursuant to the provisions of NRS 616C. 305 and 616C.315 to
3-34 616C.385, inclusive; and
3-35 (c) If the injured employee does not appeal the closure of the
3-36 claim or appeals the closure of the claim but is not successful, the
3-37 claim cannot be reopened.
3-38 3. In addition to the notice described in subsection 2, an insurer
3-39 shall send to each claimant who receives less than $300 in medical
3-40 benefits within 6 months after the claim is opened a written notice
3-41 that explains the circumstances under which a claim may be closed
3-42 pursuant to subsection 2. The written notice provided pursuant to
3-43 this subsection does not create any right to appeal the contents of
3-44 that notice. The written notice must be:
4-1 (a) Sent by first-class mail addressed to the last known address
4-2 of the claimant; and
4-3 (b) A document that is separate from any other document or
4-4 form that is used by the insurer.
4-5 4. The closure of a claim pursuant to subsection 2 is not
4-6 effective unless notice is given as required by subsections 2 and 3.
4-7 Sec. 3. NRS 616C.315 is hereby amended to read as follows:
4-8 616C.315 1. Any person who is subject to the jurisdiction of
4-9 the hearing officers pursuant to chapters 616A to 616D, inclusive, or
4-10 chapter 617 of NRS may request a hearing before a hearing officer
4-11 of any matter within the hearing officer’s authority. The insurer
4-12 shall provide, without cost, the forms necessary to request a hearing
4-13 to any person who requests them.
4-14 2. Except as otherwise provided in NRS 616B.772, 616B.775,
4-15 616B.787 and 616C.305, a person who is aggrieved by:
4-16 (a) A written determination of an insurer; or
4-17 (b) The failure of an insurer to respond within 30 days to a
4-18 written request mailed to the insurer by the person who is
4-19 aggrieved,
4-20 may appeal from the determination or failure to respond by filing a
4-21 request for a hearing before a hearing officer. Such a request must
4-22 be filed within 70 days after the date on which the notice of the
4-23 insurer’s determination was mailed by the insurer or the unanswered
4-24 written request was mailed to the insurer, as applicable. The failure
4-25 of an insurer to respond to a written request for a determination
4-26 within 30 days after receipt of such a request shall be deemed by the
4-27 hearing officer to be a denial of the request.
4-28 3. Failure to file a request for a hearing within the period
4-29 specified in subsection 2 may be excused if the person aggrieved
4-30 [shows] :
4-31 (a) Demonstrates by a preponderance of the evidence that he
4-32 did not receive the notice of the determination and the forms
4-33 necessary to request a hearing [.] ; or
4-34 (b) Demonstrates to the satisfaction of the hearing officer that
4-35 the failure to file a request for a hearing was caused by the death
4-36 or diagnosis of a terminal disease of a spouse, parent or
4-37 child.
4-38 The claimant or employer shall notify the insurer of a change of
4-39 address.
4-40 4. The hearing before the hearing officer must be conducted as
4-41 expeditiously and informally as is practicable.
4-42 5. The parties to a contested claim may, if the claimant is
4-43 represented by legal counsel, agree to forego a hearing before a
4-44 hearing officer and submit the contested claim directly to an appeals
4-45 officer.
5-1 Sec. 4. NRS 616C.345 is hereby amended to read as follows:
5-2 616C.345 1. Any party aggrieved by a decision of the
5-3 hearing officer relating to a claim for compensation may appeal
5-4 from the decision by filing a notice of appeal with an appeals officer
5-5 within 30 days after the date of the decision.
5-6 2. If a dispute is required to be submitted to a procedure for
5-7 resolving complaints pursuant to NRS 616C.305 and:
5-8 (a) A final determination was rendered pursuant to that
5-9 procedure; or
5-10 (b) The dispute was not resolved pursuant to that procedure
5-11 within 14 days after it was submitted,
5-12 any party to the dispute may file a notice of appeal within 70 days
5-13 after the date on which the final determination was mailed to the
5-14 employee, or his dependent, or the unanswered request for
5-15 resolution was submitted. Failure to render a written determination
5-16 within 30 days after receipt of such a request shall be deemed by the
5-17 appeals officer to be a denial of the request.
5-18 3. Except as otherwise provided in NRS 616C.380, the filing of
5-19 a notice of appeal does not automatically stay the enforcement of the
5-20 decision of a hearing officer or a determination rendered pursuant to
5-21 NRS 616C.305. The appeals officer may order a stay, when
5-22 appropriate, upon the application of a party. If such an application is
5-23 submitted, the decision is automatically stayed until a determination
5-24 is made concerning the application. A determination on the
5-25 application must be made within 30 days after the filing of
5-26 the application. If a stay is not granted by the officer after reviewing
5-27 the application, the decision must be complied with within 10 days
5-28 after the date of the refusal to grant a stay.
5-29 4. Except as otherwise provided in this subsection, the appeals
5-30 officer shall, within 10 days after receiving a notice of appeal
5-31 pursuant to this section or a contested claim pursuant to subsection 5
5-32 of NRS 616C.315, schedule a hearing on the merits of the appeal or
5-33 contested claim for a date and time within 90 days after his receipt
5-34 of the notice and give notice by mail or by personal service to all
5-35 parties to the matter and their attorneys or agents at least 30 days
5-36 before the date and time scheduled. A request to schedule the
5-37 hearing for a date and time which is:
5-38 (a) Within 60 days after the receipt of the notice of appeal or
5-39 contested claim; or
5-40 (b) More than 90 days after the receipt of the notice or
5-41 claim,
5-42 may be submitted to the appeals officer only if all parties to the
5-43 appeal or contested claim agree to the request.
5-44 5. An appeal or contested claim may be continued upon written
5-45 stipulation of all parties, or upon good cause shown.
6-1 6. Failure to file a notice of appeal within the period specified
6-2 in subsection 1 or 2 may be excused if the party aggrieved [shows] :
6-3 (a) Demonstrates by a preponderance of the evidence that he
6-4 did not receive the notice of the determination and the forms
6-5 necessary to appeal the determination[.] ; or
6-6 (b) Demonstrates to the satisfaction of the appeals officer that
6-7 the failure to file a notice of appeal was caused by the death or
6-8 diagnosis of a terminal disease of a spouse, parent or child.
6-9 The claimant, employer or insurer shall notify the hearing officer of
6-10 a change of address.
6-11 Sec. 5. NRS 616C.390 is hereby amended to read as follows:
6-12 616C.390 1. If an application to reopen a claim to increase or
6-13 rearrange compensation is made in writing more than 1 year after
6-14 the date on which the claim was closed, the insurer shall reopen the
6-15 claim if:
6-16 (a) A change of circumstances warrants an increase or
6-17 rearrangement of compensation during the life of the claimant;
6-18 (b) The [primary] substantial contributing cause of the change
6-19 of circumstances is the injury for which the claim was originally
6-20 made; and
6-21 (c) The application is accompanied by the certificate of a
6-22 physician or a chiropractor showing a change of circumstances
6-23 which would warrant an increase or rearrangement of compensation.
6-24 2. After a claim has been closed, the insurer, upon receiving an
6-25 application and for good cause shown, may authorize the reopening
6-26 of the claim for medical investigation only. The application must be
6-27 accompanied by a written request for treatment from the physician
6-28 or chiropractor treating the claimant, certifying that the treatment is
6-29 indicated by a change in circumstances and is related to the
6-30 industrial injury sustained by the claimant.
6-31 3. If a claimant applies for a claim to be reopened pursuant to
6-32 subsection 1 or 2 and a final determination denying the reopening is
6-33 issued, the claimant shall not reapply to reopen the claim until at
6-34 least 1 year after the date on which the final determination is issued.
6-35 4. Except as otherwise provided in subsection 5, if an
6-36 application to reopen a claim is made in writing within 1 year after
6-37 the date on which the claim was closed, the insurer shall reopen the
6-38 claim only if:
6-39 (a) The application is supported by medical evidence
6-40 demonstrating an objective change in the medical condition of the
6-41 claimant; and
6-42 (b) There is clear and convincing evidence that the [primary]
6-43 substantial contributing cause of the change of circumstances is the
6-44 injury for which the claim was originally made.
7-1 5. An application to reopen a claim must be made in writing
7-2 within 1 year after the date on which the claim was closed if:
7-3 (a) The claimant was not off work as a result of the injury; and
7-4 (b) The claimant did not receive benefits for a permanent partial
7-5 disability.
7-6 If an application to reopen a claim to increase or rearrange
7-7 compensation is made pursuant to this subsection, the insurer shall
7-8 reopen the claim if the requirements set forth in paragraphs (a), (b)
7-9 and (c) of subsection 1 are met.
7-10 6. If an employee’s claim is reopened pursuant to this section,
7-11 he is not entitled to vocational rehabilitation services or benefits for
7-12 a temporary total disability if, before his claim was reopened, he:
7-13 (a) Retired; or
7-14 (b) Otherwise voluntarily removed himself from the
7-15 workforce,
7-16 for reasons unrelated to the injury for which the claim was originally
7-17 made.
7-18 7. One year after the date on which the claim was closed, an
7-19 insurer may dispose of the file of a claim authorized to be reopened
7-20 pursuant to subsection 5, unless an application to reopen the claim
7-21 has been filed pursuant to that subsection.
7-22 8. An increase or rearrangement of compensation is not
7-23 effective before an application for reopening a claim is made unless
7-24 good cause is shown. The insurer shall, upon good cause shown,
7-25 allow the cost of emergency treatment the necessity for which has
7-26 been certified by a physician or a chiropractor.
7-27 9. A claim that closes pursuant to subsection 2 of NRS
7-28 616C.235 and is not appealed or is unsuccessfully appealed pursuant
7-29 to the provisions of NRS 616C.305 and 616C.315 to 616C.385,
7-30 inclusive, may not be reopened pursuant to this section.
7-31 10. The provisions of this section apply to any claim for which
7-32 an application to reopen the claim or to increase or rearrange
7-33 compensation is made pursuant to this section, regardless of the date
7-34 of the injury or accident to the claimant. If a claim is reopened
7-35 pursuant to this section, the amount of any compensation or benefits
7-36 provided must be determined in accordance with the provisions of
7-37 NRS 616C.425.
7-38 Sec. 6. NRS 616C.495 is hereby amended to read as follows:
7-39 616C.495 1. Except as otherwise provided in NRS 616C.380,
7-40 an award for a permanent partial disability may be paid in a lump
7-41 sum under the following conditions:
7-42 (a) A claimant injured on or after July 1, 1973, and before
7-43 July 1, 1981, who incurs a disability that does not exceed 12 percent
7-44 may elect to receive his compensation in a lump sum. A claimant
7-45 injured on or after July 1, 1981, and before July 1, 1995, who incurs
8-1 a disability that does not exceed 25 percent may elect to receive his
8-2 compensation in a lump sum.
8-3 (b) The spouse, or in the absence of a spouse, any dependent
8-4 child of a deceased claimant injured on or after July 1, 1973,who is
8-5 not entitled to compensation in accordance with NRS 616C.505, is
8-6 entitled to a lump sum equal to the present value of the deceased
8-7 claimant’s undisbursed award for a permanent partial disability.
8-8 (c) Any claimant injured on or after July 1, 1981, and before
8-9 July 1, 1995, who incurs a disability that exceeds 25 percent may
8-10 elect to receive his compensation in a lump sum equal to the present
8-11 value of an award for a disability of 25 percent. If the claimant
8-12 elects to receive compensation pursuant to this paragraph, the
8-13 insurer shall pay in installments to the claimant that portion of the
8-14 claimant’s disability in excess of 25 percent.
8-15 (d) Any claimant injured on or after July 1, 1995, may elect to
8-16 receive his compensation in a lump sum in accordance with
8-17 regulations adopted by the Administrator and approved by the
8-18 Governor. The Administrator shall adopt regulations for
8-19 determining the eligibility of such a claimant to receive all or any
8-20 portion of his compensation in a lump sum. Such regulations may
8-21 include the manner in which an award for a permanent partial
8-22 disability may be paid to such a claimant in installments.
8-23 Notwithstanding the provisions of NRS 233B.070, any regulation
8-24 adopted pursuant to this paragraph does not become effective unless
8-25 it is first approved by the Governor.
8-26 2. If the claimant elects to receive his payment for a permanent
8-27 partial disability in a lump sum pursuant to subsection 1, all of his
8-28 benefits for compensation terminate. His acceptance of that payment
8-29 constitutes a final settlement of all factual and legal issues in the
8-30 case. By so accepting he waives all of his rights regarding the claim,
8-31 including the right to appeal from the closure of the case or the
8-32 percentage of his disability, except:
8-33 (a) His right to reopen his claim according to the provisions of
8-34 NRS 616C.390; and
8-35 (b) Any counseling, training or other rehabilitative services
8-36 provided by the insurer.
8-37 The claimant must be [advised in writing] provided written notice
8-38 of the provisions of this subsection when he demands his payment
8-39 in a lump sum . [, and] The notice must indicate that the claimant
8-40 has 20 days after the mailing or personal delivery of this notice
8-41 within which to retract or reaffirm his demand, before payment may
8-42 be made and his election becomes final[.] , and must explain in
8-43 plain language the effect of accepting a lump sum pursuant to this
8-44 section. The notice must be printed in at least 10-point bold type.
9-1 3. Any lump-sum payment which has been paid on a claim
9-2 incurred on or after July 1, 1973, must be supplemented if necessary
9-3 to conform to the provisions of this section.
9-4 4. Except as otherwise provided in this subsection, the total
9-5 lump-sum payment for disablement must not be less than one-half
9-6 the product of the average monthly wage multiplied by the
9-7 percentage of disability. If the claimant received compensation in
9-8 installment payments for his permanent partial disability before
9-9 electing to receive his payment for that disability in a lump sum, the
9-10 lump-sum payment must be calculated for the remaining payment of
9-11 compensation.
9-12 5. The lump sum payable must be equal to the present value of
9-13 the compensation awarded, less any advance payment or lump sum
9-14 previously paid. The present value must be calculated using monthly
9-15 payments in the amounts prescribed in subsection 7 of NRS
9-16 616C.490 and actuarial annuity tables adopted by the Division. The
9-17 tables must be reviewed annually by a consulting actuary.
9-18 6. If a claimant would receive more money by electing to
9-19 receive compensation in a lump sum than he would if he receives
9-20 installment payments, he may elect to receive the lump-sum
9-21 payment.
9-22 Sec. 7. NRS 616C.560 is hereby amended to read as follows:
9-23 616C.560 1. A program for vocational rehabilitation
9-24 developed pursuant to subsection 3 of NRS 616C.555 may be
9-25 extended:
9-26 (a) Without condition or limitation, by the insurer at his sole
9-27 discretion; or
9-28 (b) In accordance with this section if:
9-29 (1) The injured employee makes a written request to extend
9-30 the program within 30 days after he [receives written notification
9-31 that he is eligible] completes the program for vocational
9-32 rehabilitation services; and
9-33 (2) There are exceptional circumstances which make it
9-34 unlikely that the injured employee will obtain suitable gainful
9-35 employment as a result of vocational rehabilitation which is limited
9-36 to the period for which he is eligible.
9-37 An insurer’s determination to grant or deny an extension pursuant to
9-38 paragraph (a) may not be appealed.
9-39 2. If an injured employee has incurred a permanent physical
9-40 impairment of less than 11 percent:
9-41 (a) The total length of the program, including any extension,
9-42 must not exceed 2 years.
9-43 (b) “Exceptional circumstances” shall be deemed to exist for the
9-44 purposes of paragraph (b) of subsection 1, if:
10-1 (1) The injured employee lacks work experience, training,
10-2 education or other transferable skills for an occupation which he is
10-3 physically capable of performing; or
10-4 (2) Severe physical restrictions as a result of the industrial
10-5 injury have been imposed by a physician which significantly limit
10-6 the employee’s occupational opportunities.
10-7 3. If an injured employee has incurred a permanent physical
10-8 impairment of 11 percent or more:
10-9 (a) The total length of the program, including any extension,
10-10 must not exceed 2 1/2 years.
10-11 (b) “Exceptional circumstances” shall be deemed to exist for the
10-12 purposes of paragraph (b) of subsection 1, if the injured employee
10-13 has suffered:
10-14 (1) The total and permanent loss of sight of both eyes;
10-15 (2) The loss by separation of a leg at or above the knee;
10-16 (3) The loss by separation of a hand at or above the wrist;
10-17 (4) An injury to the head or spine which results in permanent
10-18 and complete paralysis of both legs, both arms or a leg and an arm;
10-19 (5) An injury to the head which results in a severe cognitive
10-20 functional impairment which may be established by a nationally
10-21 recognized form of objective psychological testing;
10-22 (6) The loss by separation of an arm at or above the elbow
10-23 and the loss by separation of a leg at or above the knee;
10-24 (7) An injury consisting of second or third degree burns on
10-25 50 percent or more of the body, both hands or the face;
10-26 (8) A total bilateral loss of hearing;
10-27 (9) The total loss or significant and permanent impairment of
10-28 speech; or
10-29 (10) A permanent physical impairment of 50 percent or more
10-30 determined pursuant to NRS 616C.490, if the severity of the
10-31 impairment limits the injured employee’s gainful employment to
10-32 vocations that are primarily intellectual and require a longer
10-33 program of education.
10-34 4. The insurer shall deliver a copy of its decision granting or
10-35 denying an extension to the injured employee and the employer.
10-36 Except as otherwise provided in this section, the decision shall be
10-37 deemed to be a final determination of the insurer for the purposes of
10-38 NRS 616C.315.
10-39 Sec. 8. NRS 616C.580 is hereby amended to read as follows:
10-40 616C.580 1. Except as otherwise provided in this section,
10-41 vocational rehabilitation services must not be provided outside of
10-42 this state. An injured employee who:
10-43 (a) Lives within 50 miles from any border of this state on the
10-44 date of injury; [or]
11-1 (b) Was injured while temporarily employed in this state by an
11-2 employer subject to the provisions of chapters 616A to 617,
11-3 inclusive, of NRS who can demonstrate that, on the date of injury,
11-4 his permanent residence was outside of this state[,] ; or
11-5 (c) Was moved outside of this state by the insurer,
11-6 may receive vocational rehabilitation services at a location within 50
11-7 miles from his residence if such services are available at such
11-8 location.
11-9 2. If the injured employee was moved outside of this state by
11-10 the insurer, the insurer shall, upon the request of the injured
11-11 employee:
11-12 (a) Provide vocational rehabilitation services to the injured
11-13 employee outside of this state; or
11-14 (b) Move the injured employee to this state at the expense of
11-15 the insurer.
11-16 3. An injured employee, who:
11-17 (a) Is eligible for vocational rehabilitation services pursuant to
11-18 NRS 616C.590; and
11-19 (b) Resides outside of this state but does not qualify to receive
11-20 vocational rehabilitation services outside of this state pursuant to
11-21 subsection 1,
11-22 may execute a written agreement with the insurer which provides
11-23 for the payment of compensation in a lump sum in lieu of the
11-24 provision of vocational rehabilitation services pursuant to NRS
11-25 616C.595. The amount of the lump sum must not exceed $20,000.
11-26 [3.] 4. An injured employee who resides outside of this state
11-27 but does not qualify to receive vocational rehabilitation services
11-28 outside of this state pursuant to subsection 1 may receive the
11-29 vocational rehabilitation services to which he is entitled pursuant to
11-30 NRS 616C.545 to 616C.575, inclusive, and 616C.590 if he relocates
11-31 to:
11-32 (a) This state; or
11-33 (b) A location within 50 miles from any border of this
11-34 state,
11-35 at his own expense, if such services are available at such location.
11-36 Sec. 9. NRS 616C.430 is hereby repealed.
11-37 Sec. 10. This act becomes effective on July 1, 2003.
12-1 TEXT OF REPEALED SECTIONS
12-2 616C.430 Reduction of compensation by amount of federal
12-3 disability insurance benefits received by employee.
12-4 1. Ifan employee who is entitled to compensation under
12-5 chapters 616A to 616D, inclusive, of NRS for temporary total
12-6 disability, permanent partial disability or permanent total disability
12-7 becomes entitled to federal disability insurance benefits under
12-8 section 202 or 223 of the Social Security Act, as amended (42
12-9 U.S.C §§ 402 and 423, respectively), the employee’s compensation
12-10 under chapters 616A to 616D, inclusive, of NRS must be reduced
12-11 by the amount of the federal benefits being received by him.
12-12 2. This section must not be applied to reduce the employee’s
12-13 compensation under chapters 616A to 616D, inclusive, of NRS to
12-14 any greater extent than his federal benefits would have otherwise
12-15 been reduced by the Social Security Administration under section
12-16 224 of the Social Security Act, as amended (42 U.S.C. § 424a).
12-17 After any reduction pursuant to this section, the combination of his
12-18 state compensation and federal benefits must be at least as much as
12-19 the greater of:
12-20 (a) The benefits payable pursuant to chapters 616A to 616D,
12-21 inclusive, of NRS (without the reduction); or
12-22 (b) The benefits payable under the Social Security Act (without
12-23 any reduction).
12-24 3. After a reduced amount of compensation for an employee
12-25 has been established pursuant to this section, no further reduction in
12-26 his compensation may be made because he receives an increase in
12-27 his benefits under the Social Security Act as the result of an
12-28 adjustment based on an increase in the cost of living.
12-29 4. No compensation may be reduced pursuant to this section
12-30 until the Social Security Administration has determined the amount
12-31 of benefits payable to the employee under section 202 or 223 of the
12-32 Social Security Act and he has begun to receive those benefits.
12-33 5. If an employee:
12-34 (a) Fails to report the amount of benefits which he is receiving
12-35 under section 202 or 223 of the Social Security Act, within 30 days
12-36 after he is requested in writing by the insurer to make that report; or
12-37 (b) Fails to provide the insurer with a written authorization for
12-38 the Social Security Administration to release information on the
12-39 employee’s average current earnings and the amount of benefits to
13-1 which he is entitled, within 30 days after he is requested to provide
13-2 that authorization,
13-3 the insurer may reduce by 50 percent the compensation which the
13-4 employee would otherwise receive pursuant to chapters 616A to
13-5 616D, inclusive, of NRS. Any compensation which is withheld
13-6 pursuant to this subsection must be paid to the employee when he
13-7 has furnished the report or authorization as requested.
13-8 6. If the provisions of section 224 of the Social Security Act
13-9 are amended:
13-10 (a) To allow an employee to receive more compensation under
13-11 chapters 616A to 616D, inclusive, of NRS without any reduction in
13-12 benefits payable under section 202 or 223 of the Social Security
13-13 Act; or
13-14 (b) To lower the maximum sum of compensation payable under
13-15 chapters 616A to 616D, inclusive, of NRS and benefits payable
13-16 under section 202 or 223 of the Social Security Act,
13-17 the reduction imposed by this section must be increased or
13-18 decreased correspondingly.
13-19 7. No reduction in compensation may be made under this
13-20 section for any period of entitlement which:
13-21 (a) Occurs before January 1, 1982;
13-22 (b) Occurs before the employee has been given a written notice
13-23 by mail of the intended reduction; or
13-24 (c) Includes any week after the week in which the employee
13-25 becomes 62 years of age.
13-26 H