Nevada Revised Statutes
Chapter 616C - Industrial Insurance: Benefits for Injuries or Death
NRS 616C.380 - Payment pending appeal when decision not stayed; effect of final resolution of claim.

1. If a hearing officer, appeals officer or district court renders a decision on a claim for compensation and the insurer or employer appeals that decision, but is unable to obtain a stay of the decision:
(a) Payment of that portion of an award for a permanent partial disability which is contested must be made in installment payments until the claim reaches final resolution.
(b) Payment of the award must be made in monthly installments of 66 2/3 percent of the average wage of the claimant until the claim reaches final resolution if the claim is for more than 3 months of past benefits for a temporary total disability or rehabilitation, or for a payment in lump sum related to past benefits for rehabilitation, such as costs for purchasing a business or equipment.
2. If the final resolution of the claim is in favor of the claimant, the remaining amount of compensation to which the claimant is entitled may be paid in a lump sum if the claimant is otherwise eligible for such a payment pursuant to NRS 616C.495 and any regulations adopted pursuant thereto. If the final resolution of the claim is in favor of the insurer or employer, any amount paid to the claimant in excess of the uncontested amount must be deducted from any future benefits related to that claim, other than medical benefits, to which the claimant is entitled. The deductions must be made in a reasonable manner so as not to create an undue hardship to the claimant.
(Added to NRS by 1989, 687; A 1995, 2152)—(Substituted in revision for NRS 616.5435)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 616C - Industrial Insurance: Benefits for Injuries or Death

NRS 616C.005 - Forms for reporting injuries: Insurer to distribute revised forms to employers periodically; Administrator to make revised forms available to physicians, chiropractors, physician assistants and advanced practice registered nurses. [Eff...

NRS 616C.010 - Employee to report accident and injury to employer; examination of employee; professional employer organization to provide to leased employees instructions regarding reporting of injuries. [Effective through December 31, 2021.] Employe...

NRS 616C.015 - Notice of injury or death: Requirements; availability of form; retention; notice by leased employee.

NRS 616C.020 - Claim for compensation: Requirements for injured employee, dependent or representative to file claim; form.

NRS 616C.025 - Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions.

NRS 616C.030 - Dependent of injured employee barred from filing claim for compensation if untimely or previously denied.

NRS 616C.035 - Application for death benefit.

NRS 616C.040 - Claim for compensation: Duty of treating physician, chiropractor, physician assistant or advanced practice registered nurse to file or delegate duty; electronic filing; form and contents; provision of completed form to injured employee...

NRS 616C.045 - Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty. [Effective through December 31, 2021.] Report of industrial injury or occupational disease: Duty of employer...

NRS 616C.050 - Information required to be provided by insurer to claimant. [Effective through December 31, 2021.] Information required to be provided by insurer to claimant. [Effective January 1, 2022.]

NRS 616C.052 - Exposure of police officer, firefighter or arson investigator to contagious disease: Reporting and testing requirements; eligibility for compensation.

NRS 616C.055 - Use of fee schedules which unfairly discriminate among physicians and chiropractors prohibited; payment for services rendered by physician or chiropractor after removal from panel prohibited. [Effective through December 31, 2021.] Use...

NRS 616C.065 - Duty of insurer to accept or deny claim; new determination; penalty; failure of insurer to indicate acceptance or denial of claim; written determination.

NRS 616C.070 - Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception.

NRS 616C.075 - Effect of employee’s refusal to submit to physical examination after accident. [Effective through December 31, 2021.] Effect of employee’s refusal to submit to physical examination after accident. [Effective January 1, 2022.]

NRS 616C.085 - Duties of employer when employee injured: First aid; reimbursement.

NRS 616C.087 - Selection of physician or chiropractor: Legislative declaration regarding rights of injured employee; requirements for lists maintained and updated by Administrator and insurer; duties of Administrator; removal of physician or chiropra...

NRS 616C.090 - Selection of physician or chiropractor: Establishment, maintenance and update of panel of physicians and chiropractors; powers and duties of Administrator; selection and alternate selection from established panel or pursuant to contrac...

NRS 616C.095 - Duty of physician, chiropractor, physician assistant or advanced practice registered nurse to advise injured employee of rights. [Effective through December 31, 2021.] Duty of physician, chiropractic physician, physician assistant or a...

NRS 616C.098 - Use by physician, chiropractor, physician assistant or advanced practice registered nurse of certain phrases relating to causation of industrial injury or occupational disease. [Effective through December 31, 2021.] Use by physician, c...

NRS 616C.099 - Rating of disability for subsequent injury; required proof to reduce percentage of present disability; required forms of evidence; lack of documentary evidence. [Effective through December 31, 2021.] Rating of disability for subsequent...

NRS 616C.100 - Additional determination of percentage of disability permitted if cost paid by injured employee; authority of injured employee to seek reimbursement of cost; results of determination may be offered at hearing or conference. [Effective...

NRS 616C.105 - Requirements for designation of chiropractor to rate permanent partial disabilities. [Effective through December 31, 2021.] Requirements for designation of chiropractic physician to rate permanent partial disabilities. [Effective Janua...

NRS 616C.110 - American Medical Association’s Guides to the Evaluation of Permanent Impairment: Duty of Division to adopt Guides by regulation.

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.125 - Insurer may contract with suppliers for provision of services and goods to injured employees.

NRS 616C.130 - Insurer’s payment to physician, chiropractor, physician assistant or advanced practice registered nurse attending injured employee conditioned upon receipt of itemized statement and certificate. [Effective through December 31, 2021.] I...

NRS 616C.135 - Liability of insurer for payment of charges for treatment related to industrial injury or occupational disease; acceptance of payment by provider of health care from injured employee or health or casualty insurer for treatment that was...

NRS 616C.136 - Action by insurer on bill from provider of health care; payment of interest; request for additional information; compliance with requirements.

NRS 616C.137 - Denial of payment for unrelated services: Requirements for notification; liability of injured employee; appeal.

NRS 616C.138 - Payment of provider of health care upon insurer’s denial of authorization or responsibility for treatment or other services provided; reimbursement of injured employee or health or casualty insurer; reimbursement from health or casualt...

NRS 616C.140 - Medical examination of claimant; effect of refusal to submit to examination; communications not privileged. [Effective through December 31, 2021.] Medical examination of claimant; effect of refusal to submit to examination; communicati...

NRS 616C.145 - Independent medical examination of claimant; limitations; payment by insurer; applicability. [Effective through December 31, 2021.] Independent medical examination of claimant; limitations; payment by insurer; applicability. [Effective...

NRS 616C.150 - Compensation prohibited unless preponderance of evidence establishes that injury arose out of and in course of employment; rebuttable presumption if notice of injury is filed after termination of employment.

NRS 616C.155 - Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer.

NRS 616C.157 - Request for prior authorization: Time to respond; effect of failure to respond in timely manner.

NRS 616C.160 - Newly developed injury or disease: Inclusion in original claim for compensation; limitation. [Effective through December 31, 2021.] Newly developed injury or disease: Inclusion in original claim for compensation; limitation. [Effective...

NRS 616C.165 - Determination of responsibility of insurer for undisputed claim for compensation; reimbursement of insurer initially providing compensation to injured employee.

NRS 616C.170 - Resolution of disputes between insurers if benefits are claimed against more than one insurer; adoption of regulations by Administrator; appeal of decision of Administrator; payment of benefits until determination of responsibility by...

NRS 616C.175 - Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related injury by incident which is not employment related.

NRS 616C.177 - Medical records concerning preexisting condition: Authority of insurer to request records; injured employee required to release records under certain circumstances.

NRS 616C.180 - Injury or disease caused by stress; agency which employs first responder required to provide training related to mental health issues.

NRS 616C.185 - Compensation for mastectomy and reconstructive surgery.

NRS 616C.190 - Compensation of employee injured out of State.

NRS 616C.195 - Acceptance of compensation or benefits by employee injured out of State constitutes release of employer and waiver of remedy at common law or statutory remedy provided in another state.

NRS 616C.200 - Commencement of action in another state to recover damages or compensation by employee injured out of State constitutes irrevocable waiver of compensation due under Nevada law; satisfaction of foreign judgment against Nevada employer.

NRS 616C.205 - Compensation not assignable; exempt from attachment, garnishment and execution; accrued compensation payable to dependents.

NRS 616C.210 - Compensation of nonresident alien dependents; notification of dependent required.

NRS 616C.215 - Actions and proceedings to recover damages in tort or from proceeds of vehicle insurance: Reduction of compensation by amount of recovery; rights of injured employee or dependents and of insurer or Administrator; notification and payme...

NRS 616C.220 - Compensation from Uninsured Employers’ Claim Account: Administration and payment of claims; eligibility of employee; liability of employer; powers and duties of Division; appeals; collection.

NRS 616C.223 - Application for entry of summary judgment: Conditions; notice to employer; filing requirements; entry of judgment; service of judgment; recordation of judgment; lien upon property of employer; extension of lien.

NRS 616C.225 - Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies.

NRS 616C.230 - Grounds for denial, reduction or suspension of compensation; evidence of and examination for use of alcohol or controlled substance. [Effective through December 31, 2021.] Grounds for denial, reduction or suspension of compensation; ev...

NRS 616C.232 - Denial of compensation for temporary total disability because of discharge for misconduct.

NRS 616C.235 - Closure of claim by insurer: Procedure; notice; special procedure if medical benefits less than $800.

NRS 616C.245 - Injured employee entitled to accident benefits; limitation on receipt of modified motor vehicle as accident benefit; regulations establishing maximum benefit.

NRS 616C.250 - Establishment, revision and compliance with standards of care for provision of accident benefits.

NRS 616C.255 - Premium for accident benefits paid by employer; accident benefits provided by private carrier; separate account for accident benefits.

NRS 616C.260 - Fees and charges for accident benefits: Restrictions; establishment and revision of schedule; powers and duties of Administrator; administrative penalty for refusal to provide information; regulations.

NRS 616C.265 - Election by employer to provide accident benefits; reporting requirements; payment of assessments. [Effective through December 31, 2021.] Election by employer to provide accident benefits; reporting requirements; payment of assessments...

NRS 616C.266 - Insurer entitled to reimbursement for payment of annual increase in compensation for permanent total disability; required proof of payment; reimbursement from income from Uninsured Employers’ Claim Account; reimbursement may be applied...

NRS 616C.268 - Insurer entitled to reimbursement for payment of increase in death benefits; required proof of payment; reimbursement may be applied towards current or future assessment.

NRS 616C.270 - Employers to notify Administrator when injured employee receives medical services. [Effective through December 31, 2021.] Employers to notify Administrator when injured employee receives medical services. [Effective January 1, 2022.]

NRS 616C.275 - Change of physicians, chiropractors or other requirements; cost of change borne by insurer; cause of action of injured employee assigned to private carrier. [Effective through December 31, 2021.] Change of physicians, chiropractic phys...

NRS 616C.280 - Withdrawal of approval for employer to provide accident benefits: Grounds supporting withdrawal. [Effective through December 31, 2021.] Withdrawal of approval for employer to provide accident benefits: Grounds supporting withdrawal. [E...

NRS 616C.285 - Withdrawal of approval for employer to provide accident benefits: Request for hearing; notice of decision.

NRS 616C.295 - Duties of Chief of Hearings Division: Adoption of regulations establishing codes of conduct for hearing officers and appeals officers, standards for initial training and continuing education and qualifications for hearing officers; exp...

NRS 616C.300 - Hearing officers: Appointment; salary; disqualification from particular case.

NRS 616C.305 - Procedure for appeal of final determination of organization for managed care which has contracted with insurer. [Effective through December 31, 2021.] Procedure for appeal of final determination of organization for managed care which h...

NRS 616C.310 - Contested cases: Procedures; format; redaction of personal identifying information; representation of insurer or employer by legal counsel or other agent.

NRS 616C.315 - Request for hearing; forms for request to be provided by insurer; prerequisites to scheduling of hearing; expeditious and informal hearing required; direct submission to appeals officer.

NRS 616C.320 - Resolution of disputed decision of self-insured employer or employer who is member of association of self-insured public or private employers or insured by private carrier.

NRS 616C.325 - Representation of employee and employer before hearings officer or appeals officer or in negotiations with insurer; licensure of employer’s representative; employer liable for representative’s violations; compensation of employer’s rep...

NRS 616C.330 - Date, time and place for hearing; evaluation of injured employee; powers and duties of hearing officer; issuance of decision; procedure for obtaining stay of decision. [Effective through December 31, 2021.] Date, time and place for hea...

NRS 616C.335 - Award of interest and costs; limitation; claimant’s memorandum of costs; insurer’s determination letter regarding requested costs; payment of allowed costs; request for appeal by aggrieved party.

NRS 616C.340 - Appointment, term, qualifications and salary of appeals officers and special appeals officers; deemed civil officers of this State; conflicts of interest; removal; finality of decision by appeals officer.

NRS 616C.345 - Notice of appeal; notice of contested claim; prerequisites to scheduling of hearing on appeal; effect of appeal on enforcement of decision of hearing officer; setting of date, time and place for hearing on appeal; continuances.

NRS 616C.350 - Testimony of physician, chiropractor, physician assistant or advanced practice registered nurse before appeals officer; privileged communications. [Effective through December 31, 2021.] Testimony of physician, chiropractic physician, p...

NRS 616C.355 - Use of affidavits or declarations as evidence at hearing; notice to opposing party; waiver of right to cross-examine affiant or declarant; effect of waiver.

NRS 616C.360 - Record of hearing before appeals officer; rules of evidence; evaluation of injured employee; submission to independent review organization; powers and duties of appeals officer; transcripts; issuance of decision. [Effective through Dec...

NRS 616C.363 - External review: Duties of independent review organization; contents and submission of decision by organization; costs; regulations.

NRS 616C.365 - Reimbursement of employee’s expenses incurred and wages lost as result of hearing requested by employer or insurer; regulations.

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.390 - Reopening claim: General requirements and procedure; limitations; applicability. [Effective through December 31, 2021.] Reopening claim: General requirements and procedure; limitations; applicability. [Effective January 1, 2022.]

NRS 616C.392 - Reopening claim: Circumstances under which insurer is required to reopen claim for permanent partial disability.

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.412 - Purchase of annuity by insurer to ensure payment of claim; adoption of regulations by Commissioner.

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.427 - Challenge to determination of average monthly wage; remedy for incorrect average monthly wage.

NRS 616C.435 - Injuries deemed total and permanent.

NRS 616C.440 - Amount and duration of compensation; limitations; effect of income earned by injured employee on payment for claim for certain occupational diseases; effect of previous award of compensation. [Effective through December 31, 2021.] Amou...

NRS 616C.445 - Recipient of compensation to report annual earnings; payments suspended if report not made.

NRS 616C.447 - Insurer required to make certain accountings to injured employee who is entitled to compensation for permanent total disability; additional accountings may be requested by injured employee.

NRS 616C.450 - Compensation to injured employee or dependents of injured employee for permanent total disability or death benefit if injury or occupational disease occurred before July 1, 1980.

NRS 616C.455 - Increase in benefits for permanent total disability incurred before April 9, 1971.

NRS 616C.460 - Additional increase in benefits for permanent total disability incurred before July 1, 1973.

NRS 616C.465 - Increase in benefits for permanent total disability incurred on or after April 9, 1971, or for claimant or dependent not entitled to benefits for disability from federal social security system.

NRS 616C.470 - Increase in benefits for permanent total disability if claimant is entitled to benefits for disability from federal social security system.

NRS 616C.473 - Annual increase in benefits for permanent total disability.

NRS 616C.475 - Amount and duration of compensation; limitations; cessation of payments; requirements for certification of disability; offer of light-duty employment. [Effective through December 31, 2021.] Amount and duration of compensation; limitati...

NRS 616C.477 - Compensation for lost wages incurred by employee who receives medical treatment after returning to work; prohibition against employer requiring employee to use personal leave for such treatment.

NRS 616C.480 - Reduction of benefits for previous injury causing permanent partial disability prohibited.

NRS 616C.485 - Permanent partial disability: Loss of or permanent damage to teeth.

NRS 616C.490 - Permanent partial disability: Compensation; selection of and evaluation by rating physician or chiropractor; required commencement of installment payments for portion of award not in dispute. [Effective through December 31, 2021.] Perm...

NRS 616C.495 - Permanent partial disability: Payments in lump sum.

NRS 616C.500 - Temporary partial disability: Compensation. [Effective through December 31, 2021.] Temporary partial disability: Compensation. [Effective January 1, 2022.]

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.515 - Additional increase in 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.540 - Supervision, ratio and review of uncertified counselors; knowledge of labor market required.

NRS 616C.541 - Appointment of vocational rehabilitation counselor.

NRS 616C.542 - Prohibiting vocational rehabilitation counselor employed by entity administering injured employee’s case from providing services to injured employee without provision of certain written disclosures; right of injured employee to be assi...

NRS 616C.543 - Prohibited acts of vocational rehabilitation counselor.

NRS 616C.545 - Duty of insurer to determine physical limitations on injured employee’s ability to work. [Effective through December 31, 2021.] Duty of insurer to determine physical limitations on injured employee’s ability to work. [Effective January...

NRS 616C.547 - General duties of vocational rehabilitation counselor.

NRS 616C.550 - Written assessment of injured employee. [Effective through December 31, 2021.] Written assessment of injured employee. [Effective January 1, 2022.]

NRS 616C.555 - Plan for program of vocational rehabilitation; regulations. [Effective through December 31, 2021.] Plan for program of vocational rehabilitation; regulations. [Effective January 1, 2022.]

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.590 - Eligibility for services; effect of incarceration; effect of refusing services offered by insurer; effect of inability of insurer to locate injured employee. [Effective through December 31, 2021.] Eligibility for services; effect of in...

NRS 616C.595 - Agreements for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.

NRS 616C.597 - Response to request for payment of compensation in lump sum in lieu of provision of vocational rehabilitation services.

NRS 616C.600 - Orders for self-employment or payment of compensation in lump sum for vocational rehabilitation prohibited; agreements concerning self-employment authorized.

NRS 616C.700 - Duties of insurer who accepts a claim for catastrophic injury; life care plan.

NRS 616C.703 - Injured employee may request insurer to administer claim as for catastrophic injury; insurer to issue determination.

NRS 616C.707 - Insurer to designate claim as for catastrophic injury if injury later satisfies requirements for catastrophic injury.

NRS 616C.710 - Rescission or revision of determination of catastrophic injury.

NRS 616C.720 - Requirements for adjuster who administers claim for catastrophic injury.

NRS 616C.730 - Policy of insurance required to include coverage for services provided through telehealth; limitations.