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)
Structure Nevada Revised Statutes
Chapter 616A - Industrial Insurance: Administration
NRS 616A.021 - Limitation of actions upon repeal or invalidity.
NRS 616A.022 - Applicability of Nevada Insurance Code.
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.130 - "Employee": Volunteer workers in program for public service.
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.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.195 - "Employee": Persons ordered by court to perform community service.
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.
NRS 616A.400 - Duties of Administrator: Regulations.
NRS 616A.425 - Fund for Workers’ Compensation and Safety.
NRS 616A.430 - Uninsured Employers’ Claim Account.
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.455 - Powers and duties.
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.