Senate Bill No. 9–Committee on Commerce and Labor

 

(On Behalf of Subcommittee on Industrial Explosions)

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing exclusivity of certain rights and remedies under industrial insurance. (BDR 53‑632)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to industrial insurance; providing that certain rights and remedies under industrial insurance are not exclusive for an employee whose injury is caused by the willful misconduct of his employer under certain circumstances; 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 616A.020 is hereby amended to read as

1-2  follows:

1-3  616A.020  1.  The rights and remedies provided in chapters

1-4  616A to 616D, inclusive, of NRS for an employee on account of an

1-5  injury by accident sustained arising out of and in the course of the

1-6  employment shall be exclusive, except as otherwise provided in

1-7  those chapters, of all other rights and remedies of the employee, his

1-8  personal or legal representatives, dependents or next of kin, at

1-9  common law or otherwise, on account of such injury.

1-10      2.  The terms, conditions and provisions of chapters 616A to

1-11  616D, inclusive, of NRS for the payment of compensation and the

1-12  amount thereof for injuries sustained or death resulting from such

1-13  injuries shall be conclusive, compulsory and obligatory upon both

2-1  employers and employees coming within the provisions of those

2-2  chapters.

2-3  3.  The exclusive remedy provided by this section to a principal

2-4  contractor extends, with respect to any injury by accident sustained

2-5  by an employee of any contractor in the performance of the contract,

2-6  to every architect, land surveyor or engineer who performs services

2-7  for:

2-8  (a) The contractor;

2-9  (b) The owner of the property; or

2-10      (c) Any such beneficially interested persons.

2-11      4.  The exclusive remedy provided by this section applies to the

2-12  owner of a construction project who provides industrial insurance

2-13  coverage for the project by establishing and administering a

2-14  consolidated insurance program pursuant to NRS 616B.710 to the

2-15  extent that the program covers the employees of the contractors and

2-16  subcontractors who are engaged in the construction of the project.

2-17      5.  The rights and remedies specified in subsection 1 are not

2-18  exclusive for an employee who sustains an injury by accident that:

2-19      (a) Arises out of and in the course of his employment; and

2-20      (b) Is caused by the willful misconduct of his employer.

2-21      6.  If an employee receives any compensation or accident

2-22  benefits under chapters 616A to 616D, inclusive, of NRS, the

2-23  acceptance of such compensation or benefits [shall be] is in lieu of

2-24  any other compensation, award or recovery against his employer

2-25  under the laws of any other state or jurisdiction and such employee

2-26  is barred from commencing any action or proceeding for the

2-27  enforcement or collection of any benefits or award under the laws of

2-28  any other state or jurisdiction.

 

2-29  H