[Rev. 6/29/2024 4:40:14 PM--2023]
CHAPTER 616A - INDUSTRIAL INSURANCE: ADMINISTRATION
GENERAL PROVISIONS
NRS 616A.005 Short title.
NRS 616A.010 Legislative declarations: Statutory construction; repudiation of common law; basis of provisions; balanced interpretation required.
NRS 616A.015 Prior acts of State Industrial Insurance System continued in effect; disposition of claims and causes of action existing on December 31, 1999.
NRS 616A.020 Rights and remedies exclusive; terms and conditions for payment of compensation conclusive, compulsory and obligatory; application of exclusive remedies to certain employers.
NRS 616A.021 Limitation of actions upon repeal or invalidity.
NRS 616A.022 Applicability of Nevada Insurance Code.
NRS 616A.025 Definitions.
NRS 616A.030 “Accident” defined.
NRS 616A.035 “Accident benefits” defined.
NRS 616A.040 “Administrator” defined.
NRS 616A.045 “Advisory organization” defined.
NRS 616A.047 “Appeals Panel” defined.
NRS 616A.050 “Association of self-insured private employers” defined.
NRS 616A.055 “Association of self-insured public employers” defined.
NRS 616A.060 “Association’s administrator” defined.
NRS 616A.065 “Average monthly wage” defined.
NRS 616A.070 “Benefit penalty” defined.
NRS 616A.075 “Casual” defined.
NRS 616A.077 “Catastrophic injury” defined.
NRS 616A.080 “Certified vocational rehabilitation counselor” defined.
NRS 616A.085 “Commissioner” defined.
NRS 616A.090 “Compensation” defined.
NRS 616A.092 “Consolidated insurance program” defined.
NRS 616A.093 “Contractor-controlled insurance program” defined.
NRS 616A.095 “Damages” defined.
NRS 616A.100 “Division” defined.
NRS 616A.105 “Employee” and “worker” defined.
NRS 616A.110 “Employee”: Persons excluded.
NRS 616A.115 “Employee”: Lessees engaged in mining or operating a reduction plant.
NRS 616A.120 “Employee”: Participants in programs of job training administered by Division of Welfare and Supportive Services of Department of Health and Human Services.
NRS 616A.125 “Employee”: Participants in programs to obtain training for employment administered by Division of Welfare and Supportive Services of Department of Health and Human Services.
NRS 616A.130 “Employee”: Volunteer workers in program for public service.
NRS 616A.135 “Employee”: Persons performing volunteer work for private organizations as part of public programs.
NRS 616A.140 “Employee”: Members of Nevada Wing of Civil Air Patrol.
NRS 616A.145 “Employee”: Volunteer firefighters.
NRS 616A.150 “Employee”: Paid firefighter performing voluntary off-duty services as firefighter.
NRS 616A.155 “Employee”: Persons rendering voluntary ambulance service.
NRS 616A.157 “Employee”: Volunteer members of search and rescue organization.
NRS 616A.160 “Employee”: Volunteer peace officers and persons authorized to issue certain citations pursuant to NRS 484B.470.
NRS 616A.165 “Employee”: Trustees of school districts.
NRS 616A.170 “Employee”: Junior traffic patrols.
NRS 616A.175 “Employee”: Person vending or delivering newspaper or magazine.
NRS 616A.180 “Employee”: Members of county advisory boards to manage wildlife.
NRS 616A.185 “Employee”: Members of Nevada Legislature.
NRS 616A.190 “Employee”: Certain members of state, county and local departments, boards, commissions, agencies or bureaus; adjunct professors of Nevada System of Higher Education; members of Board of Regents.
NRS 616A.195 “Employee”: Persons ordered by court to perform community service.
NRS 616A.205 “Employee”: Volunteer workers at facilities for inpatients of Division of Public and Behavioral Health of Department of Health and Human Services.
NRS 616A.207 “Employee”: Volunteer health practitioners.
NRS 616A.210 “Employee”: Subcontractors and employees.
NRS 616A.215 “Employee”: Apprentices and trainees.
NRS 616A.220 “Employee”: Real estate licensees.
NRS 616A.225 “Employee”: Persons participating in federally approved training programs.
NRS 616A.230 “Employer” defined.
NRS 616A.240 “Foot” defined.
NRS 616A.245 “Hand” defined.
NRS 616A.250 “Incarcerated” defined.
NRS 616A.255 “Independent contractor” defined.
NRS 616A.257 “Independent review organization” defined.
NRS 616A.260 “Industrial insurance” defined.
NRS 616A.265 “Injury” and “personal injury” defined.
NRS 616A.270 “Insurer” defined.
NRS 616A.273 “Medical facility” defined.
NRS 616A.280 “Organization for managed care” defined.
NRS 616A.282 “Owner-controlled insurance program” defined.
NRS 616A.283 “Police officer” defined.
NRS 616A.284 “Policy year” defined.
NRS 616A.285 “Principal contractor” defined.
NRS 616A.290 “Private carrier” defined.
NRS 616A.295 “Private employer” defined.
NRS 616A.300 “Public employer” defined.
NRS 616A.305 “Self-insured employer” defined.
NRS 616A.310 “Sole proprietor” defined.
NRS 616A.315 “Solicitor” defined.
NRS 616A.317 “State Industrial Insurance System” defined.
NRS 616A.320 “Subcontractors” defined.
NRS 616A.330 “Tangible net worth” defined.
NRS 616A.335 “Third-party administrator” defined.
NRS 616A.340 “Total disability” defined.
NRS 616A.345 “Trade association” defined.
NRS 616A.350 “Trade, business, profession or occupation of his or her employer” defined.
NRS 616A.355 “Utilization review” defined.
NRS 616A.360 “Vocational rehabilitation services” defined.
DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY
NRS 616A.400 Duties of Administrator: Regulations.
NRS 616A.401 Duties of Administrator: Adoption of regulations concerning determination of categories of injuries to be deemed catastrophic injuries.
NRS 616A.402 Duties of Administrator: Program concerning rights and responsibilities of employers and employees.
NRS 616A.403 Duties of Administrator: Preparation of annual report of enforcement of Nevada Industrial Insurance Act and Nevada Occupational Diseases Act.
NRS 616A.404 Duties of Administrator: Provision of information for Office for Consumer Health Assistance.
NRS 616A.405 Powers of Administrator: Adoption of regulations concerning affidavit required of businesses by local governments to affirm compliance with chapters 616A to 616D, inclusive, of NRS.
NRS 616A.410 Administrator to prosecute and defend actions; extraordinary writs; verifications; undertakings.
NRS 616A.417 Filing or delivering documentation by electronic transmission; regulations by Administrator.
NRS 616A.420 Agreements or compacts with other states; insurance coverage against double liability of employers.
NRS 616A.425 Fund for Workers’ Compensation and Safety.
NRS 616A.430 Uninsured Employers’ Claim Account.
NEVADA ATTORNEY FOR INJURED WORKERS
NRS 616A.435 Office created; appointment; term; qualifications; duties limited.
NRS 616A.440 Employment of Deputy and staff; qualifications of Deputy.
NRS 616A.445 Offices; budget.
NRS 616A.450 Request for appointment; consideration of and action upon request; representation upon appointment.
NRS 616A.455 Powers and duties.
NRS 616A.460 Employment of private counsel by claimant; reimbursement of Division; report to Governor.
ADDITIONAL DUTIES OF PUBLIC AGENCIES
NRS 616A.465 Responsibilities of Division, Commissioner of Insurance, Department of Administration and Nevada Attorney for Injured Workers.
NRS 616A.466 Recognition of certain provisions of collective bargaining agreements.
NRS 616A.467 Power of Commissioner and Administrator to delegate authority to collect fines and deposit in Fund for Workers’ Compensation and Safety; claims for attorney’s fees and costs of investigation if authority to collect fines not delegated.
NRS 616A.469 Certificate to operate as independent review organization: Authority of Commissioner to issue certificate; application; fee; prerequisites to issuance; ineligible parties.
ADMINISTRATIVE DUTIES OF EMPLOYERS
NRS 616A.470 Self-insured employers and private carriers to compensate Nevada Attorney for Injured Workers or Hearings Division of Department of Administration for services provided.
NRS 616A.475 Self-insured employers, associations of self-insured employers and private carriers to furnish information to Administrator; insured employer to keep sufficient supply of blank forms.
NRS 616A.480 Required execution of blank forms by employer; penalty for noncompliance.
NRS 616A.485 Employer’s records open to inspection.
NRS 616A.490 Employer to post notice identifying industrial insurer; contents of notice.
NRS 616A.495 Employer to make available evidence of coverage; penalty for noncompliance.
_________
GENERAL PROVISIONS
NRS 616A.005 Short title. 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)
NRS 616A.010 Legislative declarations: Statutory construction; repudiation of common law; basis of provisions; balanced interpretation required. 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 employees who are injured or disabled 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 employee who is injured or disabled or the dependents of the employee, or in such a manner as to favor the rights and interests of an employer over the rights and interests of an employee who is injured or disabled or his or her dependents.
(Added to NRS by 1993, 660)—(Substituted in revision for NRS 616.012)
NRS 616A.015 Prior acts of State Industrial Insurance System continued in effect; disposition of claims and causes of action existing on December 31, 1999.
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)
NRS 616A.020 Rights and remedies exclusive; terms and conditions for payment of compensation conclusive, compulsory and obligatory; application of exclusive remedies to certain employers.
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 or her 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. When an employee of a state or local government employer is injured by accident sustained during the course of employment while participating in an activity which is carried out cooperatively by the state or local government employer with another state or local government employer, the exclusive remedy provided by this section extends to the state or local government employer of the injured employee and any act or failure to act which creates liability on the part of any of the government employers participating in the activity shall be deemed to be the act or failure to act of the government employer of the injured employee for the purposes of the rights and remedies provided in chapters 616A to 616D, inclusive, of NRS.
6. 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 or her 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; 2011, 782)
NRS 616A.021 Limitation of actions upon repeal or invalidity.
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)
NRS 616A.022 Applicability of Nevada Insurance Code. 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 chapters 616A to 617, inclusive, of NRS control.
(Added to NRS by 1999, 1758)
NRS 616A.025 Definitions. 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; 2009, 2779; 2011, 948)
NRS 616A.030 “Accident” defined. “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)
NRS 616A.035 “Accident benefits” defined.
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 or her employment;
(c) Preventive treatment administered as a precaution to a police officer, a salaried or volunteer firefighter or an arson investigator who:
(1) Was exposed to a contagious disease:
(I) Upon battery by an offender; or
(II) While performing the duties of a police officer, firefighter or arson investigator,
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, arson investigator 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, advanced emergency medical technician or paramedic 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 the employee 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; 2009, 542; 2013, 964)
NRS 616A.040 “Administrator” defined. “Administrator” means the Administrator of the Division.
(Added to NRS by 1981, 1449; A 1993, 1855)—(Substituted in revision for NRS 616.026)
NRS 616A.045 “Advisory organization” defined. “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)
NRS 616A.047 “Appeals Panel” defined. “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)
NRS 616A.050 “Association of self-insured private employers” defined. “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; 2007, 3333)
NRS 616A.055 “Association of self-insured public employers” defined. “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; 2007, 3333)
NRS 616A.060 “Association’s administrator” defined. “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)
NRS 616A.065 “Average monthly wage” defined.
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 the dependents of the employee, or both.
(2) Is increased by the amount of tips reported by an employee to his or her 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)
NRS 616A.070 “Benefit penalty” defined. “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, (h) or (i) of subsection 1 of NRS 616D.120 has occurred.
(Added to NRS by 1995, 1637; A 1997, 532; 2003, 1669; 2005, 1101; 2009, 3031)
NRS 616A.075 “Casual” defined. “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)
NRS 616A.077 “Catastrophic injury” defined. “Catastrophic injury” means an injury sustained from an accident and resulting in:
1. The total loss of sight in one or both eyes;
2. The total loss of hearing in one or both ears;
3. The loss by separation of any arm or leg;
4. An injury to the head or spine which results in paralysis of the legs, the arms or both the legs and arms;
5. An injury to the head which results in severe cognitive impairment, as determined by a nationally recognized method of objective psychological testing;
6. An injury consisting of second or third degree burns on 50 percent or more of:
(a) The body;
(b) Both hands; or
(c) The face;
7. The total loss of or significant and permanent impairment of speech;
8. A coma or vegetative state;
9. The loss or significant impairment of function of one or more vital internal organs or organ systems;
10. The mangling, crushing or amputation of a major portion of an extremity;
11. An injury which the insurer and the injured employee agree should be administered as a claim for a catastrophic injury;
12. An injury determined to be a catastrophic injury pursuant to NRS 616C.703; or
13. Any other category of injury deemed to be catastrophic as determined by the Administrator.
(Added to NRS by 2009, 2778; A 2011, 717)
NRS 616A.080 “Certified vocational rehabilitation counselor” defined. “Certified vocational rehabilitation counselor” means a person who:
1. Has a master’s degree in rehabilitation counseling;
2. Has been certified as a rehabilitation counselor by the Commission on Rehabilitation Counselor Certification; or
3. Has been certified as an insurance rehabilitation specialist by the Certification of Disability Management Specialists Commission.
(Added to NRS by 1993, 659; A 2011, 718)
NRS 616A.085 “Commissioner” defined. “Commissioner” means the Commissioner of Insurance.
[6:168:1947; 1943 NCL § 2680.6]—(NRS A 1981, 1456)—(Substituted in revision for NRS 616.040)
NRS 616A.090 “Compensation” defined. “Compensation” means the money which is payable to an employee or to the dependents of the employee 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)
NRS 616A.092 “Consolidated insurance program” defined. “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)
NRS 616A.093 “Contractor-controlled insurance program” defined. “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)
NRS 616A.095 “Damages” defined. “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)
NRS 616A.100 “Division” defined. “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)
NRS 616A.105 “Employee” and “worker” defined. “Employee” and “worker” 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.
5. Volunteer health practitioners, as defined in NRS 415A.180, who are providing health or veterinary services pursuant to chapter 415A of NRS and are entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 415A.280.
[10:168:1947; A 1949, 659; 1943 NCL § 2680.10]—(NRS A 1957, 254; 1967, 1368; 1975, 618, 1018; 1979, 948; 1987, 597; 2011, 948)
NRS 616A.110 “Employee”: Persons excluded. “Employee” excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his or her 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 patroller who receives no compensation for his or her 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 member of the clergy, 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-salesperson or salesperson 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 or her home or place other than a retail store; or
(2) To another person from his or her 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 the person works; and
(c) Performs pursuant to a written agreement with the person for whom the services are performed which provides that the person who performs the services 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)
NRS 616A.115 “Employee”: Lessees engaged in mining or operating a reduction plant. 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)
NRS 616A.120 “Employee”: Participants in programs of job training administered by Division of Welfare and Supportive Services of Department of Health and Human Services. 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)
NRS 616A.125 “Employee”: Participants in programs to obtain training for employment administered by Division of Welfare and Supportive Services of Department of Health and Human Services. 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 the person 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)
NRS 616A.130 “Employee”: Volunteer workers in program for public service. 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)
NRS 616A.135 “Employee”: Persons performing volunteer work for private organizations as part of public programs. 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)
NRS 616A.140 “Employee”: Members of Nevada Wing of Civil Air Patrol. 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 Office of the Military 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; 2021, 2115)
NRS 616A.145 “Employee”: Volunteer firefighters. 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 the assistants of the fire chief 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)
NRS 616A.150 “Employee”: Paid firefighter performing voluntary off-duty services as firefighter. 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 the firefighter’s department or a jurisdiction with which the firefighter’s department has a reciprocal agreement, is entitled to receive the benefits provided by chapters 616A to 616D, inclusive, of NRS as though the firefighter were an employee receiving the wage which the firefighter receives from his or her regular employer.
(Added to NRS by 1979, 441; A 2005, 341)
NRS 616A.155 “Employee”: Persons rendering voluntary ambulance service. 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)
NRS 616A.157 “Employee”: Volunteer members of search and rescue organization. Volunteer members of a search and rescue organization that is under the direct supervision of a county sheriff, while acting under the direction of the sheriff or a designee of the sheriff:
1. In the conduct of any search and rescue operation; or
2. In training for such an operation,
Ê shall be deemed, for the purposes of chapters 616A to 616D, inclusive, of NRS, to be employees of the county at the wage of $2,000 per month, and are entitled to the benefits of those chapters.
(Added to NRS by 2013, 72)
NRS 616A.160 “Employee”: Volunteer peace officers and persons authorized to issue certain citations pursuant to NRS 484B.470. Volunteer officers attached to the Nevada Highway Patrol, volunteers appointed pursuant to NRS 484B.470 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)
NRS 616A.165 “Employee”: Trustees of school districts. 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)
NRS 616A.170 “Employee”: Junior traffic patrols. 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)
NRS 616A.175 “Employee”: Person vending or delivering newspaper or magazine. 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 the person’s 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 the person’s 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)
NRS 616A.180 “Employee”: Members of county advisory boards to manage wildlife. 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)
NRS 616A.185 “Employee”: Members of Nevada Legislature. 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 the member’s 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 the member’s employment as a Legislator if, at the time of the injury, the member was performing any act or was engaging in any event that was reasonably related to the member’s legislative office or the member’s public service as a Legislator, whether or not the member 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, the member 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)
NRS 616A.190 “Employee”: Certain members of state, county and local departments, boards, commissions, agencies or bureaus; adjunct professors of Nevada System of Higher Education; members of Board of Regents. 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)
NRS 616A.195 “Employee”: Persons ordered by court to perform community service. 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)
NRS 616A.205 “Employee”: Volunteer workers at facilities for inpatients of Division of Public and Behavioral Health of Department of Health and Human Services. Volunteer workers at a facility for inpatients of the Division of Public and Behavioral Health 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; 2013, 3066)
NRS 616A.207 “Employee”: Volunteer health practitioners. A volunteer health practitioner, as defined in NRS 415A.180, who provides health or veterinary services pursuant to chapter 415A of NRS, shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of the host entity, as defined in NRS 415A.120, or a registration system that qualifies pursuant to NRS 415A.210, at the wage of $100 per month and, in the event of injury while the provisions of chapter 415A of NRS apply to the volunteer health practitioner, is entitled to the benefits of those chapters.
(Added to NRS by 2011, 948)
NRS 616A.210 “Employee”: Subcontractors and employees.
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)
NRS 616A.215 “Employee”: Apprentices and trainees.
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 the person 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 or her 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 the apprentice or trainee, as applicable, 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 or her 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)
NRS 616A.220 “Employee”: Real estate licensees.
1. Each person licensed pursuant to chapter 645 of NRS as a real estate broker, broker-salesperson or salesperson 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-salesperson or salesperson 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 the licensee 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, the licensee 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)
NRS 616A.225 “Employee”: Persons participating in federally approved training programs.
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 the person who participates in the training program is receiving formal instruction in a classroom;
(b) Equal to his or her actual remuneration if he or she is being trained under actual working conditions and is paid a wage by the recipient of the grant; or
(c) Of $150 per month or his or her actual remuneration, whichever is greater, if he or she 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 the person 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)
NRS 616A.230 “Employer” defined. “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)
NRS 616A.240 “Foot” defined. “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)
NRS 616A.245 “Hand” defined. “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)
NRS 616A.250 “Incarcerated” defined. “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, guilty but mentally ill or nolo contendere in a criminal proceeding; or
2. Any institution or facility for persons with mental illness 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; 2007, 1468)
NRS 616A.255 “Independent contractor” defined. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s 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)
NRS 616A.257 “Independent review organization” defined. “Independent 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; A 2011, 3420)—(Substituted in revision for NRS 616A.235)
NRS 616A.260 “Industrial insurance” defined. “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)
NRS 616A.265 “Injury” and “personal injury” defined.
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 or her 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 or her 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 or her employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his or her 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 or her 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 or she shall be deemed to have sustained an injury by accident arising out of and in the course of his or her 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 or her 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)
NRS 616A.270 “Insurer” defined. “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)
NRS 616A.273 “Medical facility” defined. “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 or her employment.
(Added to NRS by 2003, 2303)
NRS 616A.280 “Organization for managed care” defined. “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)
NRS 616A.282 “Owner-controlled insurance program” defined. “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)
NRS 616A.283 “Police officer” defined. “Police officer” has the meaning ascribed to it in NRS 617.135.
(Added to NRS by 1999, 2445)
NRS 616A.284 “Policy year” defined. “Policy year” means the 12-month period during which a policy of industrial insurance is effective.
(Added to NRS by 2001, 2447)
NRS 616A.285 “Principal contractor” defined. “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)
NRS 616A.290 “Private carrier” defined. “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)
NRS 616A.295 “Private employer” defined. “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)
NRS 616A.300 “Public employer” defined. “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)
NRS 616A.305 “Self-insured employer” defined. “Self-insured employer” means any employer who possesses a certification from the Commissioner of Insurance that the employer 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)
NRS 616A.310 “Sole proprietor” defined. “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)
NRS 616A.315 “Solicitor” defined. “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)
NRS 616A.317 “State Industrial Insurance System” defined. “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)
NRS 616A.320 “Subcontractors” defined. “Subcontractors” shall include independent contractors.
[21:168:1947; 1943 NCL § 2680.21]—(Substituted in revision for NRS 616.115)
NRS 616A.330 “Tangible net worth” defined. “Tangible net worth” means the value of all the assets, minus the value of all the liabilities, of a self-insured employer or an association of self-insured private employers except:
1. Goodwill or excess cost over the fair market value of assets.
2. 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 self-insured employer or association to pay a claim.
(Added to NRS by 1995, 1974; A 2007, 3333; 2017, 2406)
NRS 616A.335 “Third-party administrator” defined. “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)
NRS 616A.340 “Total disability” defined. “Total disability” means incapacity resulting from an accident arising out of and in the course of employment which prevents the covered worker from engaging, for remuneration or profit, in any occupation for which the worker is or becomes reasonably fitted by education, training or experience.
(Added to NRS by 1973, 367)—(Substituted in revision for NRS 616.117)
NRS 616A.345 “Trade association” defined. “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)
NRS 616A.350 “Trade, business, profession or occupation of his or her employer” defined. “Trade, business, profession or occupation of his or her 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)
NRS 616A.355 “Utilization review” defined. “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)
NRS 616A.360 “Vocational rehabilitation services” defined. “Vocational rehabilitation services” means any goods or services necessary to prepare an individual with a disability to engage in competitive integrated employment, as defined in 29 U.S.C. § 705, or to determine the rehabilitation potential of the individual.
(Added to NRS by 1991, 2390; A 2017, 271)
DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS AND INDUSTRY
NRS 616A.400 Duties of Administrator: Regulations. 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 the employee’s residence or place of employment to his or her destination as a result of an industrial injury.
5. Determine whether an insurer or third-party administrator 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 or third-party administrators as the Administrator 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. Prescribe by regulation the qualifications for final approval by the Division of an applicant for a certificate of registration as an administrator pursuant to subsection 3 of NRS 683A.08524. The regulations must set forth qualifications which provide for the final approval of those applicants whose approval is in the best interests of the people of this State.
9. Except with respect to any matter committed by specific statute to the regulatory authority of another person or agency, adopt such other regulations as the Administrator 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; 2009, 3031; 2011, 3584)
NRS 616A.401 Duties of Administrator: Adoption of regulations concerning determination of categories of injuries to be deemed catastrophic injuries. The Administrator shall adopt regulations for the determination of categories of injury, other than those described in NRS 616A.077, to be deemed catastrophic injuries.
(Added to NRS by 2009, 2778)
NRS 616A.402 Duties of Administrator: Program concerning rights and responsibilities of employers and employees.
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 the employer has completed the program described in subsection 1. The employer shall post the certificate in his or her business in a place that is readily accessible and visible to his or her employees.
(b) Employee who attends a program, a card which certifies that the employee 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)
NRS 616A.403 Duties of Administrator: Preparation of annual report of enforcement of Nevada Industrial Insurance Act and Nevada Occupational Diseases Act.
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)
NRS 616A.404 Duties of Administrator: Provision of information for Office for Consumer Health Assistance. 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 of the Department of Health and Human Services created pursuant to NRS 232.458.
(Added to NRS by 2005, 1074)
NRS 616A.405 Powers of Administrator: Adoption of regulations concerning affidavit required of businesses by local governments to affirm compliance with chapters 616A to 616D, inclusive, of NRS. 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)
NRS 616A.410 Administrator to prosecute and defend actions; extraordinary writs; verifications; undertakings.
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)
NRS 616A.417 Filing or delivering documentation by electronic transmission; regulations by Administrator.
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)
NRS 616A.420 Agreements or compacts with other states; insurance coverage against double liability of employers.
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)
NRS 616A.425 Fund for Workers’ Compensation and Safety.
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 workers’ 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 of the Department of Health and Human Services established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.
(g) For claimants and dependents of claimants who are entitled to receive compensation for a permanent total disability caused by an industrial injury or a disablement that occurred before January 1, 2004:
(1) Reimbursement to insurers for the cost of the annual increase in the compensation pursuant to subsection 2 of NRS 616C.473; and
(2) The salary and other expenses of administering the payment of the annual increase in the compensation pursuant to subsection 2 of NRS 616C.473.
(h) For widows, widowers, surviving children and surviving dependent parents who are entitled to death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019:
(1) Reimbursement to insurers for the cost of the increase in the death benefits pursuant to subsection 1 of NRS 616C.508; and
(2) The salary and other expenses of administering the payment of the increase in death benefits pursuant to subsection 1 of NRS 616C.508.
Ê The provisions of this paragraph shall cease to be of any force or effect when no widow, widower, surviving child or surviving dependent parent is entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019.
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 the State Treasurer is authorized to invest state general funds which are in his or her 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; 2019, 1468, 3435)
NRS 616A.430 Uninsured Employers’ Claim Account.
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 and 617.401 and subsection 2 of NRS 616C.473. 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 the State Treasurer 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; 2019, 3436)
NEVADA ATTORNEY FOR INJURED WORKERS
NRS 616A.435 Office created; appointment; term; qualifications; duties limited.
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)
NRS 616A.440 Employment of Deputy and staff; qualifications of Deputy.
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 or her 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)
NRS 616A.450 Request for appointment; consideration of and action upon request; representation upon appointment.
1. Any claimant may request the appointment of the Nevada Attorney for Injured Workers to represent him or her. 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 or she deems necessary. If the appeals officer or Administrator, as applicable, finds that the claimant would be better served by legal representation in the case, he or she 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)
NRS 616A.455 Powers and duties.
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, Court of Appeals 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 the claimant’s case to the appeals officer or Administrator; and
(b) Present in the district court or the appellate court of competent jurisdiction 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 or she 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; 2013, 1793)
NRS 616A.460 Employment of private counsel by claimant; reimbursement of Division; report to Governor.
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 or her 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
NRS 616A.465 Responsibilities of Division, Commissioner of Insurance, Department of Administration and Nevada Attorney for Injured Workers.
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; and
(c) Regulate professional employer organizations pursuant to the provisions of NRS 616B.692.
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, “professional employer organization” has the meaning ascribed to it in NRS 611.400.
(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; 2009, 1122; 2021, 1920)
NRS 616A.466 Recognition of certain provisions of collective bargaining agreements.
1. Except as otherwise provided in subsection 2, notwithstanding any provisions of chapters 616A to 617, inclusive, of NRS to the contrary, the Division and the courts of this State shall recognize as valid and binding, in a collective bargaining agreement between a private employer or a group of private employers and a labor organization that represents the employees of such employers, any provision which establishes:
(a) A process for alternative dispute resolution, including, without limitation, mediation and arbitration, which governs disputes between employees and employers or their insurers and which supplements or replaces all or part of the dispute resolution processes contained in chapters 616A to 617, inclusive, of NRS. Any such process for alternative dispute resolution must provide that a finding of fact, award, order or decision of an arbitrator or board of arbitration:
(1) Has the same force and effect as a finding of fact, award, order or decision of a hearing officer or the Administrator, as applicable; and
(2) Is subject to review by an appeals officer in the same manner, and using the same procedures, as provided for review of a finding of fact, award, order or decision made by a hearing officer or the Administrator, as applicable;
(b) The use of a specified list of providers of medical treatment who may be the exclusive source of all medical treatment provided under chapters 616A to 617, inclusive, of NRS;
(c) The use of a specified list of medical evaluators who may be the exclusive source of all medical evaluations under chapters 616A to 617, inclusive, of NRS;
(d) A joint committee for safety involving both the employer and the labor organization;
(e) A program for light-duty employment or employment that is modified according to limitations or restrictions imposed by a physician or chiropractic physician; or
(f) A program for vocational rehabilitation utilizing a specified list of providers of vocational rehabilitation services who may be the exclusive source of all vocational rehabilitation services under chapters 616A to 617, inclusive, of NRS.
2. Nothing in this section:
(a) Authorizes any provision of a collective bargaining agreement to reduce the entitlement of an employee to compensation for temporary total disability, temporary partial disability, permanent total disability, permanent partial disability, vocational rehabilitation services or medical treatment fully paid for by the employer, as otherwise provided in chapters 616A to 617, inclusive, of NRS. Any provision of a collective bargaining agreement which purports to so reduce the entitlement of an employee to any such compensation is void.
(b) Prohibits an employer and a labor organization from negotiating any aspect of the delivery of medical benefits or the delivery of compensation for disability to employees of the employer or group of employers who are eligible for group health benefits and disability benefits through their employer other than those provided in chapters 616A to 617, inclusive, of NRS.
3. As used in this section, “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.
(Added to NRS by 2009, 2064)
NRS 616A.467 Power of Commissioner and Administrator to delegate authority to collect fines and deposit in Fund for Workers’ Compensation and Safety; claims for attorney’s fees and costs of investigation if authority to collect fines not delegated.
1. The Commissioner or the Administrator may delegate to a hearing officer or panel the authority of the Commissioner or the Administrator, as applicable, 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 or she 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)
NRS 616A.469 Certificate to operate as independent review organization: Authority of Commissioner to issue certificate; application; fee; prerequisites to issuance; ineligible parties.
1. The Commissioner may issue certificates authorizing qualified independent 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 independent 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 independent 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 independent 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 independent 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 independent review organization is required to conduct its business; and
(d) Any applicable fees for issuing or renewing a certificate of an independent review organization pursuant to this section.
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 independent review organization, the independent 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 independent 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 independent 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 independent 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 independent review organization has a conflict of interest if the independent review organization or any employee, agent or contractor of the independent 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 independent 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 independent 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 independent review organization to be issued a certificate pursuant to this section.
(Added to NRS by 2003, 2330; A 2009, 1827; 2011, 3420)
ADMINISTRATIVE DUTIES OF EMPLOYERS
NRS 616A.470 Self-insured employers and private carriers to compensate Nevada Attorney for Injured Workers or Hearings Division of Department of Administration for services provided.
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)
NRS 616A.475 Self-insured employers, associations of self-insured employers and private carriers to furnish information to Administrator; insured employer to keep sufficient supply of blank forms.
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 the Administrator 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)
NRS 616A.480 Required execution of blank forms by employer; penalty for noncompliance.
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 or her 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)
NRS 616A.485 Employer’s records open to inspection.
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 an auditor or agent of the Administrator 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)
NRS 616A.490 Employer to post notice identifying industrial insurer; contents of notice. Every employer shall post a notice upon his or her premises in a conspicuous place identifying the employer’s industrial insurer. The notice must:
1. 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 or her employees.
2. Prominently set forth any applicable definitions of “employee” and “independent contractor,” as those terms are defined in chapters 616A to 616D, inclusive, of NRS.
(Added to NRS by 1995, 2000; A 2019, 3164)
NRS 616A.495 Employer to make available evidence of coverage; penalty for noncompliance.
1. Each employer shall ensure that a copy of the employer’s:
(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 the auditor or agent of the Administrator 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)