1. If an employee who has been hired or is regularly employed in this State receives a personal injury by an accident arising out of and in the course of such employment outside this State, and the employee, or the employee’s personal or legal representatives, dependents or next of kin commence any action or proceeding in any other state to recover any damages or compensation from his or her employer for the injury or death, the act of commencing such an action or proceeding constitutes an irrevocable waiver of all compensation for the injury or death to which persons would otherwise have been entitled under the laws of this State.
2. If the injured employee or the employee’s personal or legal representatives, dependents or next of kin recover a final judgment against the employer for damages arising out of the injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this State, up to the full amount thereof, but less any sums previously paid for the injury or death, must be applied in satisfaction of the judgment as follows:
(a) Upon receipt of an authenticated copy of the final judgment and writ of execution or other process issued in aid thereof, the insurer shall immediately determine the total amount of compensation which would have been payable under the laws of this State if a claim therefor had been made to the insurer. In the case of compensation payable in installments, the insurer shall convert it into a lump sum by such a system of computation as the Administrator deems proper.
(b) The insurer shall thereupon order to be paid in full or partial satisfaction of the judgment a sum not to exceed the total amount of compensation computed as provided in this section or the amount of the judgment, whichever is less.
(c) Except for a self-insured employer or an employer who is a member of an association of self-insured public or private employers, if the judgment is satisfied fully by the employer before any payment by the private carrier pursuant to paragraph (b), the amount payable thereunder must be paid to the employer.
[74.2:168:1947; added 1955, 187]—(NRS A 1979, 1054; 1981, 1169, 1489; 1995, 2031; 1999, 1778)
Structure Nevada Revised Statutes
Chapter 616C - Industrial Insurance: Benefits for Injuries or Death
NRS 616C.035 - Application for death benefit.
NRS 616C.085 - Duties of employer when employee injured: First aid; reimbursement.
NRS 616C.115 - Prescription of generic drugs required; exceptions.
NRS 616C.117 - Prescription of drugs dispensed directly to injured employee; limitations.
NRS 616C.120 - Employee may elect treatment through prayer in lieu of medical treatment.
NRS 616C.185 - Compensation for mastectomy and reconstructive surgery.
NRS 616C.190 - Compensation of employee injured out of State.
NRS 616C.210 - Compensation of nonresident alien dependents; notification of dependent required.
NRS 616C.300 - Hearing officers: Appointment; salary; disqualification from particular case.
NRS 616C.370 - Judicial review.
NRS 616C.375 - Stay of decision of appeals officer.
NRS 616C.380 - Payment pending appeal when decision not stayed; effect of final resolution of claim.
NRS 616C.385 - Costs and attorney’s fees for frivolous petitions for judicial review.
NRS 616C.400 - Minimum duration of incapacity; exceptions.
NRS 616C.405 - Limitations on benefits received by employee.
NRS 616C.408 - Restrictive endorsements on checks issued by insurers.
NRS 616C.409 - Direct deposit of compensation.
NRS 616C.410 - Prohibition of settlements paid in lump sum; exceptions.
NRS 616C.415 - Written explanation of alternative settlements to be given to employee or dependents.
NRS 616C.420 - Method of determining average monthly wage.
NRS 616C.425 - Date of determination of amount of compensation and benefits.
NRS 616C.435 - Injuries deemed total and permanent.
NRS 616C.455 - Increase in benefits for permanent total disability incurred before April 9, 1971.
NRS 616C.473 - Annual increase in benefits for permanent total disability.
NRS 616C.485 - Permanent partial disability: Loss of or permanent damage to teeth.
NRS 616C.495 - Permanent partial disability: Payments in lump sum.
NRS 616C.505 - Amount and duration of compensation.
NRS 616C.508 - Annual increase in death benefits.
NRS 616C.510 - Increased death benefits if injury or disablement occurred before July 1, 1973.
NRS 616C.520 - Increased death benefits if injury or disablement occurred on or after July 1, 1973.
NRS 616C.530 - Priorities for returning injured employee to work.
NRS 616C.541 - Appointment of vocational rehabilitation counselor.
NRS 616C.543 - Prohibited acts of vocational rehabilitation counselor.
NRS 616C.547 - General duties of vocational rehabilitation counselor.
NRS 616C.560 - Extension of program for vocational rehabilitation.
NRS 616C.570 - On-the-job training as component of plan for program of vocational rehabilitation.
NRS 616C.575 - Payment of vocational rehabilitation maintenance.
NRS 616C.580 - Provision of services outside of State; limited lump-sum payment in lieu of services.
NRS 616C.585 - Limit on goods and services which may be provided; exceptions.
NRS 616C.700 - Duties of insurer who accepts a claim for catastrophic injury; life care plan.
NRS 616C.710 - Rescission or revision of determination of catastrophic injury.
NRS 616C.720 - Requirements for adjuster who administers claim for catastrophic injury.