1. Except as otherwise provided in subsections 2, 3 and 4:
(a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney. The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the determination, the claimant has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.
(b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.
(c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.
2. If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $800, the insurer may close the claim at any time after the insurer sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that:
(a) The claim is being closed pursuant to this subsection;
(b) The injured employee may appeal the closure of the claim pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and
(c) If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.
3. In addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than $800 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed pursuant to subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be:
(a) Sent by first-class mail addressed to the last known address of the claimant; and
(b) A document that is separate from any other document or form that is used by the insurer.
4. The closure of a claim pursuant to subsection 2 is not effective unless notice is given as required by subsections 2 and 3.
5. In addition to the requirements of this section, an insurer shall include in the written notice described in subsection 2:
(a) If an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect; or
(b) If an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind.
(Added to NRS by 1979, 707; A 1981, 1140, 1492; 1989, 333; 1991, 2421; 1993, 746; 1997, 1437; 1999, 1783, 2416; 2001, 115; 2007, 3349; 2009, 1282; 2017, 1162)
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.