1. Except as otherwise provided in this subsection, if an employer fails to pay to the Division any amount due pursuant to NRS 617.401, the Division may, after the date on which the debt became due, file with the office of the clerk of a court of competent jurisdiction an application for the entry of summary judgment against the employer for the amount due. The Division may not enforce a judgment against an employer if an appeal requested by the employer pursuant to NRS 617.401 is pending.
2. If the Division intends to file an application for the entry of summary judgment, the Division shall, not less than 15 days before the date on which the application is filed, notify the employer of the Division’s intention to file the application. The notification must be sent by certified mail to the last known address of the employer and must include the name of the employee for whom the claim was paid, the amount sought to be recovered and the date on which the application will be filed with the court.
3. An application for the entry of summary judgment must:
(a) Be accompanied by a certificate which specifies:
(1) The amount owed by the employer, including any attorney’s fees, interest and administrative costs due;
(2) The name and address of the employer; and
(3) That the Division has complied with the applicable provisions of law relating to the determination of the amount required to be paid; and
(b) Include:
(1) A request that judgment be entered against the employer for the amount specified in the certificate; and
(2) Evidence that the employer was notified of the application for the entry of summary judgment in accordance with subsection 2.
4. The court clerk, upon the filing of an application for the entry of summary judgment which complies with the requirements set forth in this section, shall forthwith enter a judgment against the employer in the amount of the debt, plus any attorney’s fees, interest and administrative costs, as set forth in the certificate. The Division shall serve a copy of the judgment, together with a copy of the application and the certificate, upon the employer against whom the judgment is entered, either by personal service or by mailing a copy to the last known address of the employer.
5. An abstract of the judgment entered pursuant to subsection 4, or a copy thereof, may be recorded in the office of the county recorder of any county.
6. From the time of its recordation, the judgment constitutes a lien upon all real and personal property situated in the county that is owned by the employer, or which the employer may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for 6 years after the date of the judgment so entered by the court clerk unless sooner released or otherwise discharged.
7. Within 6 years after the date of the recording of the judgment or within 6 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording an affidavit of renewal in the office of the county recorder. From the date of recording, the lien is extended for 6 years to all real and personal property situated in the county that is owned by the employer or acquired by the employer afterwards, unless the lien is sooner released or otherwise discharged.
(Added to NRS by 2011, 897)
Structure Nevada Revised Statutes
Chapter 617 - Occupational Diseases
NRS 617.015 - Rights and liabilities of employers and employees.
NRS 617.030 - "Casual" defined.
NRS 617.050 - "Compensation" defined.
NRS 617.060 - "Disablement" and "total disablement" defined.
NRS 617.065 - "Disease related to asbestos" defined.
NRS 617.070 - "Employee" and "worker" defined.
NRS 617.080 - "Employee": Persons excluded.
NRS 617.091 - "Employee": Lessees engaged in mining or operating a reduction plant.
NRS 617.100 - "Employee": Subcontractors and employees.
NRS 617.105 - "Employee": Real estate licensees.
NRS 617.110 - "Employer" defined.
NRS 617.120 - "Independent contractor" defined.
NRS 617.130 - "Medical benefits" defined.
NRS 617.135 - "Police officer" defined.
NRS 617.140 - "Silicosis" defined.
NRS 617.145 - "Sole proprietor" defined.
NRS 617.150 - "Subcontractors" defined.
NRS 617.160 - Division of Industrial Relations to administer chapter.
NRS 617.165 - Procedures for determination of contested cases.
NRS 617.1665 - Payment of premiums by employers insured by private carrier.
NRS 617.170 - No liability created for disability or death occurring before July 1, 1947.
NRS 617.175 - Independent enterprises.
NRS 617.190 - Devices modifying liability void.
NRS 617.200 - Employers to provide compensation; employer and insurer relieved from liability.
NRS 617.220 - Applicability to employers of excluded persons.
NRS 617.250 - Reporting of lessees engaged in mining or operating reduction plant.
NRS 617.342 - Notice of occupational disease: Requirements; availability of form; retention.
NRS 617.356 - Duty of insurer to accept or deny claim; written determination.
NRS 617.370 - Medical examination; refusal to submit; testimony of physician.
NRS 617.380 - Autopsy: Order by insurer; findings of physician.
NRS 617.385 - Limitation on receipt of modified motor vehicle as medical benefit.
NRS 617.390 - Compensation for both injury and disease.
NRS 617.392 - Compensation for combination of injuries, illnesses and disabilities.
NRS 617.395 - Compensation for mastectomy and reconstructive surgery.
NRS 617.400 - Compensation: Effect of false representation, willful misconduct and self-exposure.
NRS 617.405 - Judicial review of contested claims.
NRS 617.410 - Compensation paid by insurer.
NRS 617.430 - Eligibility; limitations.
NRS 617.445 - Determination of date of disablement.
NRS 617.450 - Specific occupational diseases; schedule.
NRS 617.459 - Determination of percentage of disability resulting from heart or lung diseases.
NRS 617.470 - Occupational diseases of respiratory tract resulting from exposure to dusts.
NRS 617.481 - Certain contagious diseases as occupational diseases.
NRS 617.487 - Hepatitis as occupational disease of certain other police officers.
NRS 617.510 - Penalties and remedies are cumulative; exception.