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Nrs: Chapter 616A - Industrial Insurance: Administration


Published: 2015

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[Rev. 2/11/2015 11:33:34

AM--2014R2]

CHAPTER 616A - INDUSTRIAL INSURANCE:

ADMINISTRATION

GENERAL PROVISIONS

NRS 616A.005        Short

title.

NRS 616A.010        Legislative

declarations: Statutory construction; repudiation of common law; basis of

provisions; balanced interpretation required.

NRS 616A.015        Prior

acts of State Industrial Insurance System continued in effect; disposition of

claims and causes of action existing on December 31, 1999.

NRS 616A.020        Rights

and remedies exclusive; terms and conditions for payment of compensation

conclusive, compulsory and obligatory; application of exclusive remedies to

certain employers.

NRS 616A.021        Limitation

of actions upon repeal or invalidity.

NRS 616A.022        Applicability

of Nevada Insurance Code.

NRS 616A.025        Definitions.

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.120        “Employee”:

Participants in programs of job training administered by Division of Welfare

and Supportive Services of Department of Health and Human Services.

NRS 616A.125        “Employee”:

Participants in programs to obtain training for employment administered by

Division of Welfare and Supportive Services of Department of Health and Human

Services.

NRS 616A.130        “Employee”:

Volunteer workers in program for public service.

NRS 616A.135        “Employee”:

Persons performing volunteer work for private organizations as part of public

programs.

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.160        “Employee”:

Volunteer peace officers and persons authorized to issue certain citations

pursuant to NRS 484B.470.

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.190        “Employee”:

Certain members of state, county and local departments, boards, commissions,

agencies or bureaus; adjunct professors of Nevada System of Higher Education;

members of Board of Regents.

NRS 616A.195        “Employee”:

Persons ordered by court to perform community service.

NRS 616A.200        “Employee”:

Trainees in facility operated by Rehabilitation Division of Department of

Employment, Training and Rehabilitation.

NRS 616A.205        “Employee”:

Volunteer workers at facilities for inpatients of Division of Public and

Behavioral Health of Department of Health and Human Services.

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.

DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF BUSINESS

AND INDUSTRY

NRS 616A.400        Duties

of Administrator: Regulations.

NRS 616A.401        Duties

of Administrator: Adoption of regulations concerning determination of

categories of injuries to be deemed catastrophic injuries.

NRS 616A.402        Duties

of Administrator: Program concerning rights and responsibilities of employers

and employees.

NRS 616A.403        Duties

of Administrator: Preparation of annual report of enforcement of Nevada

Industrial Insurance Act and Nevada Occupational Diseases Act.

NRS 616A.404        Duties

of Administrator: Provision of information for Office for Consumer Health

Assistance.

NRS 616A.405        Powers

of Administrator: Adoption of regulations concerning affidavit required of

businesses by local governments to affirm compliance with chapters

616A to 616D, inclusive, of NRS.

NRS 616A.410        Administrator

to prosecute and defend actions; extraordinary writs; verifications;

undertakings.

NRS 616A.417        Filing

or delivering documentation by electronic transmission; regulations by

Administrator.

NRS 616A.420        Agreements

or compacts with other states; insurance coverage against double liability of

employers.

NRS 616A.425        Fund

for Workers’ Compensation and Safety.

NRS 616A.430        Uninsured

Employers’ Claim Account.

NEVADA ATTORNEY FOR INJURED WORKERS

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.450        Request

for appointment; consideration of and action upon request; representation upon

appointment.

NRS 616A.455        Powers

and duties.

NRS 616A.460        Employment

of private counsel by claimant; reimbursement of Division; report to Governor.

ADDITIONAL DUTIES OF PUBLIC AGENCIES

NRS 616A.465        Responsibilities

of Division, Commissioner of Insurance, Department of Administration and Nevada

Attorney for Injured Workers.

NRS 616A.466        Recognition

of certain provisions of collective bargaining agreements.

NRS 616A.467        Power

of Commissioner and Administrator to delegate authority to collect fines and

deposit in Fund for Workers’ Compensation and Safety; claims for attorney’s

fees and costs of investigation if authority to collect fines not delegated.

NRS 616A.469        Certificate

to operate as independent review organization: Authority of Commissioner to

issue certificate; application; fee; prerequisites to issuance; ineligible

parties.

ADMINISTRATIVE DUTIES OF EMPLOYERS

NRS 616A.470        Self-insured

employers and private carriers to compensate Nevada Attorney for Injured

Workers or Hearings Division of Department of Administration for services

provided.

NRS 616A.475        Self-insured

employers, associations of self-insured employers and private carriers to

furnish information to Administrator; insured employer to keep sufficient

supply of blank forms.

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.

_________

_________

 

GENERAL PROVISIONS

      NRS 616A.005  Short title.  Chapters 616A to 616D,

inclusive, of NRS shall be known as the Nevada Industrial Insurance Act.

      [1:168:1947; 1943 NCL § 2680.1]—(Substituted in

revision for NRS 616.010)

      NRS 616A.010  Legislative declarations: Statutory construction; repudiation of

common law; basis of provisions; balanced interpretation required.  The Legislature hereby determines and declares

that:

      1.  The provisions of chapters

616A to 617, inclusive, of NRS must be

interpreted and construed to ensure the quick and efficient payment of

compensation to employees who are injured or disabled at a reasonable cost to

the employers who are subject to the provisions of those chapters;

      2.  A claim for compensation filed pursuant

to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS must be decided on its merit and not

according to the principle of common law that requires statutes governing

workers’ compensation to be liberally construed because they are remedial in

nature;

      3.  The provisions of chapters

616A to 617, inclusive, of NRS are based

on a renunciation of the rights and defenses of employers and employees

recognized at common law; and

      4.  For the accomplishment of these

purposes, the provisions of chapters 616A to 617, inclusive, of NRS must not be interpreted

or construed broadly or liberally in favor of an employee who is injured or

disabled or the dependents of the employee, or in such a manner as to favor the

rights and interests of an employer over the rights and interests of an

employee who is injured or disabled or his or her dependents.

      (Added to NRS by 1993, 660)—(Substituted

in revision for NRS 616.012)

      NRS 616A.015  Prior acts of State Industrial Insurance System continued in

effect; disposition of claims and causes of action existing on December 31,

1999.

      1.  All premiums, contributions, penalties,

money, properties, securities, funds, deposits, contracts and awards received,

collected, acquired, established or made by the State Industrial Insurance

System under the provisions of chapters 616A to 617, inclusive, of NRS before January 1, 2000,

continue in full force and effect, and the rights, obligations and liabilities

of the System thereunder must be assumed and performed by the successor

organization of the System.

      2.  All proceedings must be had and rights

determined under the provisions of chapters 616A to 617, inclusive, of NRS on any claims or actions

pending or causes of action existing on December 31, 1999.

      [99:168:1947; 1943 NCL § 2680.99] + [Part

100:168:1947; 1943 NCL § 2680.100]—(NRS A 1981, 1463; 1999, 1758)

      NRS 616A.020  Rights and remedies exclusive; terms and conditions for payment

of compensation conclusive, compulsory and obligatory; application of exclusive

remedies to certain employers.

      1.  The rights and remedies provided in chapters 616A to 616D,

inclusive, of NRS for an employee on account of an injury by accident sustained

arising out of and in the course of the employment shall be exclusive, except

as otherwise provided in those chapters, of all other rights and remedies of

the employee, his or her personal or legal representatives, dependents or next

of kin, at common law or otherwise, on account of such injury.

      2.  The terms, conditions and provisions of

chapters 616A to 616D,

inclusive, of NRS for the payment of compensation and the amount thereof for

injuries sustained or death resulting from such injuries shall be conclusive,

compulsory and obligatory upon both employers and employees coming within the

provisions of those chapters.

      3.  The exclusive remedy provided by this

section to a principal contractor extends, with respect to any injury by

accident sustained by an employee of any contractor in the performance of the

contract, to every architect, land surveyor or engineer who performs services

for:

      (a) The contractor;

      (b) The owner of the property; or

      (c) Any such beneficially interested persons.

      4.  The exclusive remedy provided by this

section applies to the owner of a construction project who provides industrial

insurance coverage for the project by establishing and administering a

consolidated insurance program pursuant to NRS

616B.710 to the extent that the program covers the employees of the

contractors and subcontractors who are engaged in the construction of the

project.

      5.  When an employee of a state or local

government employer is injured by accident sustained during the course of

employment while participating in an activity which is carried out

cooperatively by the state or local government employer with another state or

local government employer, the exclusive remedy provided by this section

extends to the state or local government employer of the injured employee and

any act or failure to act which creates liability on the part of any of the

government employers participating in the activity shall be deemed to be the

act or failure to act of the government employer of the injured employee for

the purposes of the rights and remedies provided in chapters

616A to 616D, inclusive, of NRS.

      6.  If an employee receives any

compensation or accident benefits under chapters 616A to

616D, inclusive, of NRS, the acceptance of

such compensation or benefits shall be in lieu of any other compensation, award

or recovery against his or her employer under the laws of any other state or

jurisdiction and such employee is barred from commencing any action or

proceeding for the enforcement or collection of any benefits or award under the

laws of any other state or jurisdiction.

      [27:168:1947; 1943 NCL § 2680.27]—(NRS A 1971, 885;

1973, 624; 1989,

230; 1999,

3139; 2011,

782)

      NRS 616A.021  Limitation of actions upon repeal or invalidity.

      1.  If the provisions of chapters

616A to 616D, inclusive, of NRS relative

to compensation for injuries to or death of employees become invalid because of

any adjudication, or are repealed, the period intervening between the

occurrence of an injury or death, not previously compensated for pursuant to

those chapters by the payment of a lump sum or completed monthly payments, and

the repeal or the rendition of the final adjudication of the validity must not

be computed as a part of the time limited by law for the commencement of any

action relating to the injury or death if the action is commenced within 1 year

after the repeal or adjudication.

      2.  In any such action, any sum paid by an

insurer by reason of injury to an employee by whom, or by whose dependents, the

action is prosecuted, must be taken into account and credited upon the recovery

as payment.

      [97:168:1947; 1943 NCL § 2680.97]—(NRS A 1973, 604; 1979, 1051; 1993, 729; 1995, 2030)—(Substituted

in revision for NRS 616B.098)

      NRS 616A.022  Applicability of Nevada Insurance Code.  If

there is a conflict between the provisions of chapters 616A

to 617, inclusive, of NRS and the provisions

of title 57 of NRS, the provisions of chapters 616A to 617, inclusive, of NRS control.

      (Added to NRS by 1999, 1758)

      NRS 616A.025  Definitions.  As

used in chapters 616A to 616D,

inclusive, of NRS, unless the context otherwise requires, the words and terms

defined in NRS 616A.030 to 616A.360,

inclusive, have the meanings ascribed to them in those sections.

      [2:168:1947; 1943 NCL § 2680.2] + [3:168:1947; 1943

NCL § 2680.3]—(NRS A 1977, 188; 1981, 710, 1016; 1987, 2047, 2322; 1991, 2398; 1993, 692; 1995, 1638, 1977, 2008; 1997, 576, 578, 2766; 1999, 1759, 2445, 3140, 3376; 2001, 2256, 2447; 2003, 2303, 2331; 2009, 2779;

2011, 948)

      NRS 616A.030  “Accident” defined.  “Accident”

means an unexpected or unforeseen event happening suddenly and violently, with

or without human fault, and producing at the time objective symptoms of an

injury.

      [18:168:1947; 1943 NCL § 2680.18]—(NRS A 1975,

221)—(Substituted in revision for NRS 616.020)

      NRS 616A.035  “Accident benefits” defined.

      1.  “Accident benefits” means medical,

surgical, hospital or other treatments, nursing, medicine, medical and surgical

supplies, crutches and apparatuses, including prosthetic devices.

      2.  The term includes:

      (a) Medical benefits as defined by NRS 617.130;

      (b) Preventive treatment administered as a

precaution to an employee who is exposed to a contagious disease while

providing medical services, including emergency medical care, in the course and

scope of his or her employment;

      (c) Preventive treatment administered as a

precaution to a police officer, a salaried or volunteer firefighter or an arson

investigator who:

             (1) Was exposed to a contagious disease:

                   (I) Upon battery by an offender; or

                   (II) While performing the duties of

a police officer, firefighter or arson investigator,

Ê if the

exposure is documented by the creation and maintenance of a report concerning

the exposure pursuant to subsection 1 of NRS

616C.052; or

             (2) Tests positive for exposure to

tuberculosis or another contagious disease under the circumstances described in

subsection 2 or 3 of NRS 616C.052;

and

      (d) Preventive treatment for hepatitis

administered as a precaution to a police officer, full-time salaried

firefighter, arson investigator or emergency medical attendant employed in this

State.

      3.  The term does not include:

      (a) Exercise equipment, a hot tub or a spa for an

employee’s home;

      (b) Membership in an athletic or health club;

      (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

      (d) The costs of operating a motor vehicle

provided pursuant to NRS 616C.245,

fees related to the operation or licensing of the motor vehicle or insurance

for the motor vehicle.

      4.  As used in this section:

      (a) “Battery” includes, without limitation, the

intentional propelling or placing, or the causing to be propelled or placed, of

any human excrement or bodily fluid upon the person of an employee.

      (b) “Emergency medical attendant” means a person

licensed as an attendant or certified as an emergency medical technician,

advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS, whose primary duties of

employment are the provision of emergency medical services.

      (c) “Hepatitis” includes hepatitis A, hepatitis

B, hepatitis C and any additional diseases or conditions that are associated

with or result from hepatitis A, hepatitis B or hepatitis C.

      (d) “Preventive treatment” includes, without

limitation:

             (1) Tests to determine if an employee has

contracted hepatitis or any other contagious disease to which the employee was

exposed; and

             (2) If an employee tests positive for

exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest

X rays as are recommended by the Centers for Disease Control and Prevention of

the United States Department of Health and Human Services.

      [8:168:1947; 1943 NCL § 2680.8]—(NRS A 1987, 921; 1991, 2398; 1993, 692; 1999, 2445; 2001, 1014, 1871; 2003, 104, 3412; 2005, 340, 2236; 2009, 542; 2013, 964)

      NRS 616A.040  “Administrator” defined.  “Administrator”

means the Administrator of the Division.

      (Added to NRS by 1981, 1449; A 1993, 1855)—(Substituted

in revision for NRS 616.026)

      NRS 616A.045  “Advisory organization” defined.  “Advisory

organization” means the organization designated and licensed by the

Commissioner to file the classifications of risks for private carriers pursuant

to chapters 616A to 616D,

inclusive, and chapter 686B of NRS.

      (Added to NRS by 1995, 2000; A 1999, 1759)

      NRS 616A.047  “Appeals Panel” defined.  “Appeals

Panel” means the Appeals Panel for Industrial Insurance that hears grievances

of employers, other than self-insured employers, pursuant to the provisions of NRS 616B.760 to 616B.790, inclusive.

      (Added to NRS by 1999, 3376; A 2001, 2256)

      NRS 616A.050  “Association of self-insured private employers” defined.  “Association of self-insured private

employers” means a nonprofit, unincorporated association composed of five or

more private employers that has been issued a certificate by the Commissioner

and is subject to the provisions of NRS

616B.350 to 616B.446, inclusive.

      (Added to NRS by 1993, 659; A 1995, 1978; 2007, 3333)

      NRS 616A.055  “Association of self-insured public employers” defined.  “Association of self-insured public employers”

means a nonprofit, unincorporated association composed of five or more public

employers that has been issued a certificate by the Commissioner and is subject

to the provisions of NRS 616B.350 to 616B.446, inclusive.

      (Added to NRS by 1993, 659; A 1995, 1978; 2007, 3333)

      NRS 616A.060  “Association’s administrator” defined.  “Association’s

administrator” means a person who is employed by or has contracted with the

board of trustees of an association of self-insured public or private employers

to carry out the policies of the board of trustees and to be responsible for

the daily operation of the association.

      (Added to NRS by 1995, 1974)

      NRS 616A.065  “Average monthly wage” defined.

      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)

      NRS 616A.070  “Benefit penalty” defined.  “Benefit

penalty” means an additional amount of money that is payable to a claimant if

the Administrator has determined that a violation of any of the provisions of

paragraphs (a) to (e), inclusive, (h) or (i) of subsection 1 of NRS 616D.120 has occurred.

      (Added to NRS by 1995, 1637; A 1997, 532; 2003, 1669; 2005, 1101; 2009, 3031)

      NRS 616A.075  “Casual” defined.  “Casual”

refers only to employments where the work contemplated is to be completed in 20

working days or parts thereof in a calendar quarter, without regard to the

number of persons employed, and where the total labor cost of the work is less

than $500.

      [12:168:1947; 1943 NCL § 2680.12]—(NRS A 1977, 373)—(Substituted

in revision for NRS 616.030)

      NRS 616A.077  “Catastrophic injury” defined.  “Catastrophic

injury” means an injury sustained from an accident and resulting in:

      1.  The total loss of sight in one or both

eyes;

      2.  The total loss of hearing in one or

both ears;

      3.  The loss by separation of any arm or

leg;

      4.  An injury to the head or spine which

results in paralysis of the legs, the arms or both the legs and arms;

      5.  An injury to the head which results in

severe cognitive impairment, as determined by a nationally recognized method of

objective psychological testing;

      6.  An injury consisting of second or third

degree burns on 50 percent or more of:

      (a) The body;

      (b) Both hands; or

      (c) The face;

      7.  The total loss of or significant and

permanent impairment of speech;

      8.  A coma or vegetative state;

      9.  The loss or significant impairment of

function of one or more vital internal organs or organ systems;

      10.  The mangling, crushing or amputation

of a major portion of an extremity;

      11.  An injury which the insurer and the

injured employee agree should be administered as a claim for a catastrophic

injury;

      12.  An injury determined to be a

catastrophic injury pursuant to NRS

616C.703; or

      13.  Any other category of injury deemed to

be catastrophic as determined by the Administrator.

      (Added to NRS by 2009, 2778;

A 2011, 717)

      NRS 616A.080  “Certified vocational rehabilitation counselor” defined.  “Certified vocational rehabilitation

counselor” means a person who:

      1.  Has a master’s degree in rehabilitation

counseling;

      2.  Has been certified as a rehabilitation

counselor by the Commission on Rehabilitation Counselor Certification; or

      3.  Has been certified as an insurance

rehabilitation specialist by the Certification of Disability Management

Specialists Commission.

      (Added to NRS by 1993, 659; A 2011, 718)

      NRS 616A.085  “Commissioner” defined.  “Commissioner”

means the Commissioner of Insurance.

      [6:168:1947; 1943 NCL § 2680.6]—(NRS A 1981, 1456)—(Substituted

in revision for NRS 616.040)

      NRS 616A.090  “Compensation” defined.  “Compensation”

means the money which is payable to an employee or to the dependents of the

employee as provided for in chapters 616A to 616D, inclusive, of NRS, and includes benefits

for funerals, accident benefits and money for rehabilitative services.

      [7:168:1947; 1943 NCL § 2680.7]—(NRS A 1983, 1291)—(Substituted

in revision for NRS 616.045)

      NRS 616A.092  “Consolidated insurance program” defined.  “Consolidated insurance program” means a

program of insurance that provides, for a specified period:

      1.  Industrial insurance coverage;

      2.  A comprehensive program of safety; and

      3.  For the administration of claims for

industrial insurance,

Ê for each

employee of a contractor or subcontractor who is engaged in a construction

project when such an employee works at the site of the construction project.

      (Added to NRS by 1999, 3139)

      NRS 616A.093  “Contractor-controlled insurance program” defined.  “Contractor-controlled insurance program”

means a consolidated insurance program that is established and administered by

the principal contractor of the construction project.

      (Added to NRS by 1999, 3139)

      NRS 616A.095  “Damages” defined.  “Damages”

means the recovery allowed in an action at law as contrasted with compensation.

      [20:168:1947; 1943 NCL § 2680.20]—(Substituted in

revision for NRS 616.050)

      NRS 616A.100  “Division” defined.  “Division”

means the Division of Industrial Relations of the Department of Business and

Industry.

      (Added to NRS by 1991, 2389; A 1993, 1856)—(Substituted

in revision for NRS 616.053)

      NRS 616A.105  “Employee” and “worker” defined.  “Employee”

and “worker” are used interchangeably in chapters 616A

to 616D, inclusive, of NRS and mean every

person in the service of an employer under any appointment or contract of hire

or apprenticeship, express or implied, oral or written, whether lawfully or

unlawfully employed, and include, but not exclusively:

      1.  Aliens and minors.

      2.  All elected and appointed paid public

officers.

      3.  Members of boards of directors of

quasi-public or private corporations while rendering actual service for such

corporations for pay.

      4.  Musicians providing music for hire,

including members of local supporting bands and orchestras commonly known as

house bands.

      5.  Volunteer health practitioners, as

defined in NRS 415A.180, who are

providing health or veterinary services pursuant to chapter 415A of NRS and are entitled to the

benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the

provisions of NRS 415A.280.

      [10:168:1947; A 1949, 659; 1943 NCL § 2680.10]—(NRS A

1957, 254; 1967, 1368; 1975, 618, 1018; 1979, 948; 1987, 597; 2011, 948)

      NRS 616A.110  “Employee”: Persons excluded.  “Employee”

excludes:

      1.  Any person whose employment is both

casual and not in the course of the trade, business, profession or occupation

of his or her employer.

      2.  Any person engaged as a theatrical or

stage performer or in an exhibition.

      3.  Musicians when their services are

merely casual in nature and not lasting more than 2 consecutive days, and not

recurring for the same employer, as in wedding receptions, private parties and

similar miscellaneous engagements.

      4.  Any person engaged in household

domestic service, farm, dairy, agricultural or horticultural labor, or in stock

or poultry raising, except as otherwise provided in chapters

616A to 616D, inclusive, of NRS.

      5.  Any person performing services as a

voluntary ski patroller who receives no compensation for his or her services

other than meals, lodging, or use of the ski tow or lift facilities.

      6.  Any person who performs services as a

sports official for a nominal fee at a sporting event that is amateur,

intercollegiate or interscholastic and is sponsored by a public agency, public

entity or private, nonprofit organization. As used in this subsection, “sports

official” includes an umpire, referee, judge, scorekeeper, timekeeper or other

person who is a neutral participant in a sporting event.

      7.  Any member of the clergy, rabbi or lay

reader in the service of a church, or any person occupying a similar position

with respect to any other religion.

      8.  Any real estate broker,

broker-salesperson or salesperson licensed pursuant to chapter 645 of NRS.

      9.  Any person who:

      (a) Directly sells or solicits the sale of

products, in person or by telephone:

             (1) On the basis of a deposit, commission,

purchase for resale or similar arrangement specified by the Administrator by

regulation, if the products are to be resold to another person in his or her

home or place other than a retail store; or

             (2) To another person from his or her home

or place other than a retail store;

      (b) Receives compensation or remuneration based

on sales to customers rather than for the number of hours that the person

works; and

      (c) Performs pursuant to a written agreement with

the person for whom the services are performed which provides that the person

who performs the services is not an employee for the purposes of this chapter.

      [11:168:1947; A 1953, 99; 1955, 915]—(NRS A 1969,

1100; 1975, 1018; 1977,

194; 1979,

949; 1985,

1077; 1995,

2129; 1997,

162; 2003,

1584)

      NRS 616A.115  “Employee”: Lessees engaged in mining or operating a reduction

plant.  Except as provided in

subsection 2 of NRS 616B.653, a

lessee engaged in either mining or operating a reduction plant shall be deemed

to be:

      1.  An employee of the lessor; and

      2.  For the purposes of chapters

616A to 616D, inclusive, of NRS,

employed at the average wage paid to a miner employed regularly in the same

locality.

      (Added to NRS by 1987, 597)—(Substituted

in revision for NRS 616.062)

      NRS 616A.120  “Employee”: Participants in programs of job training

administered by Division of Welfare and Supportive Services of Department of

Health and Human Services.  Except

as otherwise provided in NRS 616A.125, any person

who participates in a program of job training administered by the Division of

Welfare and Supportive Services of the Department of Health and Human Services

shall be deemed for the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of

the Division of Welfare and Supportive Services at the wage of $150 per month

and is entitled to the benefits of those chapters.

      (Added to NRS by 1987, 2321; A 1997, 2346)

      NRS 616A.125  “Employee”: Participants in programs to obtain training for

employment administered by Division of Welfare and Supportive Services of

Department of Health and Human Services.  Any

person who participates in a program to obtain training for employment

administered by the Division of Welfare and Supportive Services of the

Department of Health and Human Services, if the person receives training on the

job and a wage directly from an employer, shall be deemed for the purposes of chapters 616A to 616D,

inclusive, of NRS to be an employee of that employer and is entitled to the

benefits of those chapters.

      (Added to NRS by 1987, 2321)—(Substituted

in revision for NRS 616.066)

      NRS 616A.130  “Employee”: Volunteer workers in program for public service.  Persons who perform volunteer work in any

formal program which is being conducted:

      1.  Within a state or local public

organization;

      2.  By a federally assisted organization;

or

      3.  By a private, incorporated, nonprofit

organization which provides services to the general community,

Ê and who are

not specifically covered by any other provisions of chapters

616A to 616D, inclusive, of NRS, while

engaged in such volunteer work, may be deemed by an insurer, for the purposes

of those chapters, as employees of that organization at a wage of $100 per

month. Such persons are entitled to the benefits of those chapters when the

organization approves coverage and complies with the provisions of those

chapters and regulations adopted pursuant to them.

      (Added to NRS by 1975, 290; A 1981, 1456; 1985, 575; 1993, 693; 1995, 2008)—(Substituted

in revision for NRS 616.067)

      NRS 616A.135  “Employee”: Persons performing volunteer work for private

organizations as part of public programs.  Persons

who, under a written agreement between a public agency and a private

organization, perform volunteer work for a private organization as part of a

public program and who are not specifically covered by any other provisions of chapters 616A to 616D,

inclusive, of NRS, while engaging in that volunteer work, may be deemed by an

insurer, for the purposes of those chapters, as employees of the public agency

at a wage of $100 per month. Such persons are entitled to the benefits of those

chapters when the public agency complies with the provisions of those chapters

and the regulations adopted pursuant to them.

      (Added to NRS by 1981, 1016; A 1981, 1538; 1985, 576; 1993, 694; 1995, 2008; 1997, 2766, 2767)

      NRS 616A.140  “Employee”: Members of Nevada Wing of Civil Air Patrol.  A member of the Nevada Wing of the Civil Air

Patrol who participates:

      1.  In a mission; or

      2.  In training,

Ê which has

been authorized by the Division of Emergency Management of the Department of

Public Safety shall be deemed for the purposes of chapters

616A to 616D, inclusive, of NRS to be

an employee of the Division of Emergency Management at the wage of $600 per

month and, in the event of injury during such a mission or training, is

entitled to the benefits of those chapters.

      (Added to NRS by 1983, 1354; A 1991, 2399; 1993, 1856; 2001, 2632)

      NRS 616A.145  “Employee”: Volunteer firefighters.  Volunteer

firefighters belonging to a regular organized and recognized fire department,

while engaged in their duties in any voluntary community service which they may

undertake, and while acting under the direction of the fire chief or any of the

assistants of the fire chief in the protection of life or property, during

fire, flood, earthquake, windstorm, ambulance service or other rescue work,

shall be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the

city, town, county or district so recognizing them, at the wage of $2,000 per

month, and are entitled to the benefits of those chapters upon such city, town,

county or district’s complying therewith.

      [Part 17:168:1947; A 1951, 485; 1953, 163]—(NRS A

1963, 745; 1965, 336; 1973, 497; 1983, 808; 1991, 168; 2005, 341)

      NRS 616A.150  “Employee”: Paid firefighter performing voluntary off-duty

services as firefighter.  A

firefighter who is employed by a regular organized and recognized fire

department, while engaged off duty in the voluntary performance of services as

a firefighter within the jurisdiction served by the firefighter’s department or

a jurisdiction with which the firefighter’s department has a reciprocal agreement,

is entitled to receive the benefits provided by chapters

616A to 616D, inclusive, of NRS as

though the firefighter were an employee receiving the wage which the

firefighter receives from his or her regular employer.

      (Added to NRS by 1979, 441; A 2005, 341)

      NRS 616A.155  “Employee”: Persons rendering voluntary ambulance service.  A member of a nonprofit service organization

or club, while engaged in rendering volunteer ambulance service in any county,

city or town, shall be deemed for the purpose of chapters

616A to 616D, inclusive, of NRS, an

employee of the organization or club, at a wage of $2,000 per month, and is

entitled to the benefits of those chapters if the organization or club complies

therewith.

      (Added to NRS by 1961, 418; A 1997, 470)

      NRS 616A.157  “Employee”: Volunteer members of search and rescue organization.  Volunteer members of a search and rescue

organization that is under the direct supervision of a county sheriff, while

acting under the direction of the sheriff or a designee of the sheriff:

      1.  In the conduct of any search and rescue

operation; or

      2.  In training for such an operation,

Ê shall be

deemed, for the purposes of chapters 616A to 616D, inclusive, of NRS, to be employees of

the county at the wage of $2,000 per month, and are entitled to the benefits of

those chapters.

      (Added to NRS by 2013, 72)

      NRS 616A.160  “Employee”: Volunteer peace officers and persons authorized to

issue certain citations pursuant to NRS 484B.470.  Volunteer officers attached to the Nevada

Highway Patrol, volunteers appointed pursuant to NRS 484B.470 who qualify pursuant to

subsection 4 of that section, the investigators appointed pursuant to NRS 480.490 or volunteers of a regularly

organized and recognized police department, metropolitan police department or

sheriff’s unit, while engaged in their duties as such in any voluntary

community service and while acting under the direction of the Chief of the

Nevada Highway Patrol, Chief of the Investigation Division of the Department of

Public Safety or a sheriff or chief of police, or their deputies or assistants,

of any county, metropolitan police department, city or town in the protection

of life or property shall be deemed, for the purpose of chapters

616A to 616D, inclusive, of NRS,

employees of the Nevada Highway Patrol, Investigation Division or the city,

town, metropolitan police department or county so recognizing them, at the wage

of $900 per month, and are entitled to the benefits of those chapters upon

compliance therewith by the Nevada Highway Patrol, Investigation Division or

the county, metropolitan police department, city or town.

      (Added to NRS by 1957, 252; A 1973, 926; 1983, 768, 1291; 1995, 319; 1997, 71; 2001, 2632)

      NRS 616A.165  “Employee”: Trustees of school districts.  Trustees of school districts, while engaged in

their designated duty as trustees, shall be deemed, for the purpose of chapters 616A to 616D,

inclusive, of NRS, employees receiving a wage of $250 per month, and, in the

event of injury while performing their designated duty, shall be entitled to

the benefits of those chapters.

      (Added to NRS by 1961, 70)—(Substituted in revision

for NRS 616.074)

      NRS 616A.170  “Employee”: Junior traffic patrols.  Members

of junior traffic patrols are defined as minors attending school and selected

or designated by school officials or by school and city or town officials for

regular duty on school days to patrol street crossings used by school children

while going to or returning from school. They shall be deemed, for the purpose

of chapters 616A to 616D,

inclusive, of NRS, employees receiving a wage of $100 per month from the city,

town or school district in which their designated duty is performed. In the

event of injury while performing their designated duty, they shall be entitled

to the benefits of those chapters.

      [Part 17:168:1947; A 1951, 485; 1953,

163]—(Substituted in revision for NRS 616.075)

      NRS 616A.175  “Employee”: Person vending or delivering newspaper or magazine.  Any person who is:

      1.  Engaged in vending, selling, offering

for sale or delivering directly to the public any newspaper, magazine or

periodical pursuant to an agreement or contract with the publisher or

distributor thereof;

      2.  Acting under the control of the

publisher or distributor; and

      3.  Receiving a wage, commission or other

compensation based upon the person’s sales of the newspaper, magazine or

periodical,

Ê shall be

deemed, for the purposes of chapters 616A to 616D, inclusive, of NRS, to be an employee of

the publisher or distributor and to be receiving a wage of $50 per month or the

person’s actual remuneration, whichever is greater, and is entitled to the

benefits of those chapters.

      (Added to NRS by 1963, 519; A 1983, 1292)—(Substituted

in revision for NRS 616.076)

      NRS 616A.180  “Employee”: Members of county advisory boards to manage

wildlife.  Members of the county

advisory boards to manage wildlife who serve without compensation pursuant to

the provisions of NRS 501.285, while

engaged in their designated duty as members, shall be deemed for the purpose of

chapters 616A to 616D,

inclusive, of NRS, employees receiving a wage of $250 per month, and, in the

event of injury while performing their designated duty, are entitled to receive

the benefits of those chapters upon the boards complying therewith.

      (Added to NRS by 1959, 88; A 1969, 1561; 1985, 1356)—(Substituted

in revision for NRS 616.077)

      NRS 616A.185  “Employee”: Members of Nevada Legislature.  For the purposes of chapters

616A to 616D, inclusive, of NRS:

      1.  A member of the Nevada Legislature

shall be deemed to be an employee of the State during the member’s term of

office at the wage of $2,000 per month and is entitled to the benefits of those

chapters.

      2.  Except as otherwise provided in this

subsection and subsection 1 of NRS 616A.265, any

injury sustained by a member of the Nevada Legislature shall be deemed to have

arisen out of and in the course of the member’s employment as a Legislator if,

at the time of the injury, the member was performing any act or was engaging in

any event that was reasonably related to the member’s legislative office or the

member’s public service as a Legislator, whether or not the member was

receiving remuneration from the State for performing the act or engaging in the

event at the time of the injury. The provisions of this subsection do not apply

to any injury sustained by a member of the Nevada Legislature if, at the time

of the injury, the member was performing any act or was engaging in any event

that was reasonably related to a political campaign for any legislative or

other elective office.

      (Added to NRS by 1987, 2047; A 2003, 2793)

      NRS 616A.190  “Employee”: Certain members of state, county and local

departments, boards, commissions, agencies or bureaus; adjunct professors of

Nevada System of Higher Education; members of Board of Regents.  Members of state, county and local

departments, boards, commissions, agencies or bureaus, whether elected or

appointed, who serve without compensation or who receive less than $250 per

month compensation, the members of the State Board of Education, adjunct

professors of the Nevada System of Higher Education and the members of the

Board of Regents of the University of Nevada, while engaged in their designated

duties as members and adjunct professors, shall be deemed, for the purpose of chapters 616A to 616D,

inclusive, of NRS, employees receiving a wage of $250 per month and, in the

event of injury while performing their designated duties, are entitled to the

benefits of those chapters.

      (Added to NRS by 1959, 168; A 1969, 465; 1961, 56;

1967, 1369; 1975, 619; 1985, 576; 1993, 417; 1995, 2009)—(Substituted

in revision for NRS 616.079)

      NRS 616A.195  “Employee”: Persons ordered by court to perform community

service.  Any person:

      1.  Less than 18 years of age who is

subject to the jurisdiction of the juvenile court and who has been ordered by

the court to perform community service, upon compliance by the supervising

authority; or

      2.  Eighteen years of age or older who has

been ordered by any court to perform community service pursuant to NRS 176.087, upon compliance by the

convicted person or the supervising authority,

Ê while

engaged in that work, shall be deemed, for the purpose of chapters

616A to 616D, inclusive, of NRS, an

employee of the supervising authority at a wage of $50 per month, and is

entitled to the benefits of those chapters.

      (Added to NRS by 1971, 249; A 1973, 1580; 1981, 487; 1985, 576; 2001, 153; 2003, 1159)

      NRS 616A.200  “Employee”: Trainees in facility operated by Rehabilitation

Division of Department of Employment, Training and Rehabilitation.  Trainees in a rehabilitation facility operated

by the Rehabilitation Division of the Department of Employment, Training and

Rehabilitation, while engaged in an evaluation or training program and while

acting under the direction or authorization of the Rehabilitation Division in

any county, city or town, shall be deemed, for the purpose of chapters

616A to 616D, inclusive, of NRS,

employees of the Rehabilitation Division receiving a wage of $200 per month,

and are entitled to the benefits of those chapters upon compliance by the

Rehabilitation Division.

      (Added to NRS by 1965, 92; A 1967, 832; 1973, 1406; 1993, 1856)—(Substituted

in revision for NRS 616.083)

      NRS 616A.205  “Employee”: Volunteer workers at facilities for inpatients of

Division of Public and Behavioral Health of Department of Health and Human

Services.  Volunteer workers at a

facility for inpatients of the Division of Public and Behavioral Health of the

Department of Health and Human Services, while acting under the direction or

authorization of the supervisor of volunteer services of such a facility, shall

be deemed, for the purpose of chapters 616A to 616D, inclusive, of NRS, employees of the

facility, receiving a wage of $350 per month, and are entitled to the benefits

of those chapters upon compliance therewith by the facility.

      (Added to NRS by 1969, 236; A 1973, 118, 1406; 1987, 921; 1999, 115; 2013, 3066)

      NRS 616A.207  “Employee”: Volunteer health practitioners.  A volunteer health practitioner, as defined in

NRS 415A.180, who provides health or

veterinary services pursuant to chapter 415A

of NRS, shall be deemed for the purposes of chapters 616A

to 616D, inclusive, of NRS to be an

employee of the host entity, as defined in NRS

415A.120, or a registration system that qualifies pursuant to NRS 415A.210, at the wage of $100 per

month and, in the event of injury while the provisions of chapter 415A of NRS apply to the volunteer

health practitioner, is entitled to the benefits of those chapters.

      (Added to NRS by 2011, 948)

      NRS 616A.210  “Employee”: Subcontractors and employees.

      1.  Except as otherwise provided in NRS 616B.603, subcontractors,

independent contractors and the employees of either shall be deemed to be

employees of the principal contractor for the purposes of chapters

616A to 616D, inclusive, of NRS.

      2.  If the subcontractor is a sole

proprietor or partnership licensed pursuant to chapter

624 of NRS, the sole proprietor or partner shall be deemed to receive a

wage of $500 per month for the purposes of chapters 616A

to 616D, inclusive, of NRS.

      3.  This section does not affect the

relationship between a principal contractor and a subcontractor or independent

contractor for any purpose outside the scope of chapters

616A to 616D, inclusive, of NRS.

      [22:168:1947; A 1951, 485]—(NRS A 1987, 2047; 1991, 2399)—(Substituted

in revision for NRS 616.085)

      NRS 616A.215  “Employee”: Apprentices and trainees.

      1.  Except as otherwise provided in

subsection 3, any person who is an apprentice or trainee shall be deemed for

the purposes of chapters 616A to 616D, inclusive, of NRS to be an employee of

an apprenticeship committee registered with the State Apprenticeship Council at

a wage of $150 per month while the person is:

      (a) Attending a class for vocational training; or

      (b) Receiving bona fide instruction as an

apprentice or trainee,

Ê under the

direction of the apprenticeship committee. Such an apprentice or trainee is

entitled to the benefits of chapters 616A to 616D, inclusive, of NRS.

      2.  A person who is an apprentice or

trainee shall be deemed for the purposes of chapters 616A

to 616D, inclusive, of NRS to be an

employee of an employer who is participating in a program of training and

instruction as an apprentice or trainee approved pursuant to chapter 610 of NRS while:

      (a) The apprentice or trainee is performing work

for that employer; and

      (b) The employer is paying the apprentice or

trainee a wage for the work performed.

Ê The

apprentice or trainee shall be deemed to be an employee at a wage equal to his

or her average monthly wage as determined pursuant to the regulations adopted

by the Administrator pursuant to NRS

616C.420 and is entitled to the benefits of chapters

616A to 616D, inclusive, of NRS.

      3.  If an apprentice or trainee who is

employed by an employer participating in a program of training and instruction

is injured while the apprentice or trainee, as applicable, is deemed to be an

employee of the apprenticeship committee pursuant to subsection 1 and the

apprentice or trainee is unable to work for an employer participating in the

program solely because of that injury, the apprentice or trainee shall be

deemed to be an employee of the apprenticeship committee at a wage of $150 per

month or at his or her average monthly wage as determined pursuant to the

regulations adopted by the Administrator pursuant to NRS 616C.420, whichever is greater.

      4.  As used in this section, “trainee”

means a person who is under the direction of an apprenticeship committee

specified in subsection 1 and, for that purpose, is described by that

apprenticeship committee as a “journeyworker trainee.”

      (Added to NRS by 1981, 710; A 1983, 1292; 1997, 2766; 2001, 363)

      NRS 616A.220  “Employee”: Real estate licensees.

      1.  Each person licensed pursuant to chapter 645 of NRS as a real estate broker,

broker-salesperson or salesperson who does business in this State and receives

wages, commissions or other compensation based upon activities for which the

license is required may elect coverage pursuant to chapters

616A to 616D, inclusive, of NRS. If

coverage is so elected, the real estate broker, broker-salesperson or

salesperson shall be deemed for the purpose of those chapters to earn wages of

$1,500 per month. Except as otherwise provided in subsection 2, not more than

one premium may be collected from such a licensee for the wages, commission or

other compensation the licensee receives from any activity for which such a license

is required.

      2.  Except as otherwise provided in this

subsection, if a licensee holds both an individual broker license and a

corporate broker license, the licensee shall pay the premium for coverage under

the corporate broker license only and is limited to recovery of benefits in

accordance with the deemed compensation attributed to that license only. If a

licensee holds both an individual broker license and a corporate broker license

and elects to pay premiums for coverage under the individual broker license

also, the licensee may recover benefits in accordance with the deemed

compensation attributed to both licenses.

      (Added to NRS by 1977, 927; A 1991, 1688; 1995, 2130)—(Substituted

in revision for NRS 616.087)

      NRS 616A.225  “Employee”: Persons participating in federally approved training

programs.

      1.  Any person who participates in a

training program approved pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive, is

entitled to the benefits of chapters 616A to 616D, inclusive, of NRS and, except as

provided in subsection 2, shall be deemed an employee of the person receiving

the grant to conduct the program, at a wage:

      (a) Of $150 per month if the person who

participates in the training program is receiving formal instruction in a

classroom;

      (b) Equal to his or her actual remuneration if he

or she is being trained under actual working conditions and is paid a wage by

the recipient of the grant; or

      (c) Of $150 per month or his or her actual

remuneration, whichever is greater, if he or she is being so trained and

instructed and receiving a wage from the recipient of the grant.

      2.  Any person who participates in a

training program approved pursuant to 29 U.S.C. §§ 1501 to 1781, inclusive,

where the person is trained on the job and is paid a wage directly by the

employer shall be deemed an employee of that employer and is entitled to the

benefits of chapters 616A to 616D, inclusive, of NRS.

      (Added to NRS by 1985, 575)—(Substituted

in revision for NRS 616.088)

      NRS 616A.230  “Employer” defined.  “Employer”

means:

      1.  Except as otherwise provided in

subsection 4 of NRS 616B.627, the

State, and each county, city, school district, and all public and quasi-public

corporations therein without regard to the number of persons employed.

      2.  Every person, firm, voluntary

association and private corporation, including any public service corporation,

which has in service any person under a contract of hire.

      3.  The legal representative of any

deceased employer.

      4.  The Nevada Rural Housing Authority.

      5.  An owner or principal contractor who

establishes and administers a consolidated insurance program pursuant to NRS 616B.710, with respect to the

employees covered under that consolidated insurance program.

      [9:168:1947; A 1949, 659; 1943 NCL § 2680.9]—(NRS A 1981, 710; 1995, 819; 1999, 3140; 2001, 608)

      NRS 616A.240  “Foot” defined.  “Foot”

shall be considered as that portion below the junction of the middle and lower

thirds of the leg.

      [Part 62:168:1947; A 1949, 659; 1953,

292]—(Substituted in revision for NRS 616.095)

      NRS 616A.245  “Hand” defined.  “Hand”

shall be considered as that portion below the junction of the middle and lower

thirds of the forearm.

      [Part 62:168:1947; A 1949, 659; 1953,

292]—(Substituted in revision for NRS 616.100)

      NRS 616A.250  “Incarcerated” defined.  “Incarcerated”

means confined in:

      1.  Any local detention facility, county

jail, state prison, reformatory or other correctional facility as a result of a

conviction or a plea of guilty, guilty but mentally ill or nolo contendere in a

criminal proceeding; or

      2.  Any institution or facility for persons

with mental illness as a result of a plea of not guilty by reason of insanity

in a criminal proceeding,

Ê in this

State, another state or a foreign country.

      (Added to NRS by 1993, 659; A 1995, 2476; 2003, 1497; 2007, 1468)

      NRS 616A.255  “Independent contractor” defined.  “Independent

contractor” means any person who renders service for a specified recompense for

a specified result, under the control of the person’s principal as to the

result of the person’s work only and not as to the means by which such result

is accomplished.

      [14:168:1947; 1943 NCL § 2680.14]—(Substituted in

revision for NRS 616.105)

      NRS 616A.257  “Independent review organization” defined.  “Independent review organization” means an

organization which has been issued a certificate pursuant to NRS 616A.469 that authorizes the organization to

conduct external reviews for the purposes of chapters 616A

to 617, inclusive, of NRS.

      (Added to NRS by 2003, 2330; A 2011, 3420)—(Substituted

in revision for NRS 616A.235)

      NRS 616A.260  “Industrial insurance” defined.  “Industrial

insurance” means insurance which provides the compensation required by chapters 616A to 617,

inclusive, of NRS and employer’s liability insurance incidental to and provided

in connection with that insurance.

      (Added to NRS by 1995, 200)

      NRS 616A.265  “Injury” and “personal injury” defined.

      1.  “Injury” or “personal injury” means a

sudden and tangible happening of a traumatic nature, producing an immediate or

prompt result which is established by medical evidence, including injuries to

prosthetic devices. Except as otherwise provided in subsection 3, any injury

sustained by an employee while engaging in an athletic or social event

sponsored by his or her employer shall be deemed not to have arisen out of or

in the course of employment unless the employee received remuneration for

participation in the event.

      2.  For the purposes of chapters

616A to 616D, inclusive, of NRS:

      (a) Coronary thrombosis, coronary occlusion, or

any other ailment or disorder of the heart, and any death or disability ensuing

therefrom, shall be deemed not to be an injury by accident sustained by an

employee arising out of and in the course of his or her employment.

      (b) The exposure of an employee to a contagious

disease while providing medical services, including emergency medical care, in

the course and scope of his or her employment shall be deemed to be an injury

by accident sustained by the employee arising out of and in the course of his

or her employment.

      (c) Except as otherwise provided in paragraph

(d), the exposure to a contagious disease of a police officer or a salaried or

volunteer firefighter who was exposed to the contagious disease:

             (1) Upon battery by an offender; or

             (2) While performing the duties of a

police officer or firefighter,

Ê shall be

deemed to be an injury by accident sustained by the police officer or

firefighter arising out of and in the course of his or her employment if the

exposure is documented by the creation and maintenance of a report concerning

the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph,

the term “battery” includes, without limitation, the intentional propelling or

placing, or the causing to be propelled or placed, of any human excrement or

bodily fluid upon the person of an employee.

      (d) If a police officer or a salaried or

volunteer firefighter tests positive for exposure to tuberculosis or another

contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052, he or she shall be deemed

to have sustained an injury by accident arising out of and in the course of his

or her employment, unless the insurer can prove by a preponderance of the

evidence that the exposure was not related to the employment of the police

officer or firefighter.

      3.  Any injury sustained by an employee of

a school district while engaging in an athletic or social event shall be deemed

to have arisen out of and in the course of his or her employment, whether or

not the employee received remuneration for participation in the event, if:

      (a) The event was sponsored by the school

district, or the event was an extracurricular activity which was sponsored or

organized by a student class, student group or student organization for an

educational, recreational or charitable purpose and which was reasonably

related to the employee’s job with the school district;

      (b) The employee participated in the event at the

request of or with the concurrence of supervisory personnel, whether the

request or concurrence was oral or written; and

      (c) The employee participated in the event to

enable the event to take place or to ensure the safety and well-being of any

students of the school district.

      [19:168:1947; A 1951, 485]—(NRS A 1975, 619; 1981, 1196; 1991, 2400; 1993, 694; 1999, 2446; 2001, 1015, 1872; 2003, 104, 2793; 2005, 341, 2237)

      NRS 616A.270  “Insurer” defined.  “Insurer”

includes:

      1.  A self-insured employer;

      2.  An association of self-insured public

employers;

      3.  An association of self-insured private

employers; and

      4.  A private carrier.

      (Added to NRS by 1981, 1449; A 1993, 694; 1995, 2009; 1999, 1760)

      NRS 616A.273  “Medical facility” defined.  “Medical

facility” means a hospital, clinic or other facility that provides treatment to

an employee who:

      1.  Is injured by an accident; or

      2.  Contracts an occupational disease,

Ê arising out

of and in the course of his or her employment.

      (Added to NRS by 2003, 2303)

      NRS 616A.280  “Organization for managed care” defined.  “Organization for managed care” means any

person who:

      1.  Provides or arranges for the provision

of medical and health care services;

      2.  Establishes objectives, standards and

protocols for such services;

      3.  Organizes providers of health care to

ensure the availability and accessibility of such services; and

      4.  Establishes a system that allows for

the submission of reports to an insurer that are necessary to evaluate the

effectiveness and cost of delivering medical and health care services to

injured employees.

      (Added to NRS by 1993, 660; A 1995, 2009)—(Substituted

in revision for NRS 616.1114)

      NRS 616A.282  “Owner-controlled insurance program” defined.  “Owner-controlled insurance program” means a

consolidated insurance program that is established and administered by the

owner of the construction project.

      (Added to NRS by 1999, 3139)

      NRS 616A.283  “Police officer” defined.  “Police

officer” has the meaning ascribed to it in NRS

617.135.

      (Added to NRS by 1999, 2445)

      NRS 616A.284  “Policy year” defined.  “Policy

year” means the 12-month period during which a policy of industrial insurance

is effective.

      (Added to NRS by 2001, 2447)

      NRS 616A.285  “Principal contractor” defined.  “Principal

contractor” means a person who:

      1.  Coordinates all the work on an entire

project;

      2.  Contracts to complete an entire

project;

      3.  Contracts for the services of any

subcontractor or independent contractor; or

      4.  Is responsible for payment to any

contracted subcontractors or independent contractors.

      (Added to NRS by 1991, 2390)—(Substituted

in revision for NRS 616.1115)

      NRS 616A.290  “Private carrier” defined.  “Private

carrier” means any insurer or the legal representative of an insurer authorized

to provide industrial insurance pursuant to chapters 616A

to 617, inclusive, of NRS. The term does not

include a self-insured employer or an association of self-insured public or

private employers.

      (Added to NRS by 1995, 2000; A 1999, 1760)

      NRS 616A.295  “Private employer” defined.  “Private

employer” means any person, other than a public employer, who has in service

any person under a contract of hire who is not excluded from the term “employee”

pursuant to NRS 616A.110.

      (Added to NRS by 1993, 660)—(Substituted

in revision for NRS 616.1116)

      NRS 616A.300  “Public employer” defined.  “Public

employer” means the State and a county, city, school district and public or

quasi-public corporation within this State.

      (Added to NRS by 1993, 660)—(Substituted

in revision for NRS 616.1117)

      NRS 616A.305  “Self-insured employer” defined.  “Self-insured

employer” means any employer who possesses a certification from the Commissioner

of Insurance that the employer has the capability to assume the responsibility

for the payment of compensation pursuant to chapters 616A

to 617, inclusive, of NRS.

      (Added to NRS by 1979, 1035; A 1995, 2009)—(Substituted

in revision for NRS 616.112)

      NRS 616A.310  “Sole proprietor” defined.  “Sole

proprietor” means a self-employed owner of an unincorporated business and

includes working partners and members of working associations. Coverage remains

in effect only if the sole proprietor remains a domiciliary of Nevada.

      (Added to NRS by 1975, 1017; A 1987, 598)—(Substituted

in revision for NRS 616.114)

      NRS 616A.315  “Solicitor” defined.  “Solicitor”

means a person who:

      1.  Forms or proposes to form; or

      2.  Proposes to secure funds for forming or

financing or recruiting members for,

Ê an

association of public or private self-insured employers.

      (Added to NRS by 1995, 1974)

      NRS 616A.317  “State Industrial Insurance System” defined.  “State Industrial Insurance System” means that

entity established by section 79 of chapter 642, Statutes of Nevada 1981, at

page 1449.

      (Added to NRS by 1999, 1758)

      NRS 616A.320  “Subcontractors” defined.  “Subcontractors”

shall include independent contractors.

      [21:168:1947; 1943 NCL § 2680.21]—(Substituted in

revision for NRS 616.115)

      NRS 616A.330  “Tangible net worth” defined.  “Tangible

net worth” means the value of all the assets, minus the value of all the

liabilities, of an association of self-insured private employers or of a member

of such an association except:

      1.  Goodwill or excess cost over the fair

market value of assets.

      2.  Any other items listed in the assets

that are deemed unacceptable by the Commissioner because they cannot be

justified or because they do not directly support the ability of the

association or the member to pay a claim.

      (Added to NRS by 1995, 1974; A 2007, 3333)

      NRS 616A.335  “Third-party administrator” defined.  “Third-party

administrator” means a person who is hired by an insurer to provide

administrative services for the insurer and manage claims. The term does not

include an insurance company.

      (Added to NRS by 1991, 2390)—(Substituted

in revision for NRS 616.1165)

      NRS 616A.340  “Total disability” defined.  “Total

disability” means incapacity resulting from an accident arising out of and in

the course of employment which prevents the covered worker from engaging, for

remuneration or profit, in any occupation for which the worker is or becomes

reasonably fitted by education, training or experience.

      (Added to NRS by 1973, 367)—(Substituted in revision

for NRS 616.117)

      NRS 616A.345  “Trade association” defined.  “Trade

association” means an association of firms concerned with:

      1.  A single product or service;

      2.  A number of closely related products or

services; or

      3.  Contractors, manufacturers,

distributors or retailers of a product or service or a number of closely

related products or services,

Ê as

determined by the Commissioner.

      (Added to NRS by 1995, 1975)

      NRS 616A.350  “Trade, business, profession or occupation of his or her

employer” defined.  “Trade,

business, profession or occupation of his or her employer” includes all

services tending toward the preservation, maintenance or operation of the

business, business premises, or business property of the employer.

      [13:168:1947; 1943 NCL § 2680.13]—(Substituted in

revision for NRS 616.120)

      NRS 616A.355  “Utilization review” defined.  “Utilization

review” has the meaning ascribed to it in NRS

683A.376.

      (Added to NRS by 1993, 660)—(Substituted

in revision for NRS 616.122)

      NRS 616A.360  “Vocational rehabilitation services” defined.  “Vocational rehabilitation services” has the

meaning ascribed to it in NRS 615.140.

      (Added to NRS by 1991, 2390)—(Substituted

in revision for NRS 616.123)

DIVISION OF INDUSTRIAL RELATIONS OF THE DEPARTMENT OF

BUSINESS AND INDUSTRY

      NRS 616A.400  Duties of Administrator: Regulations.  The

Administrator shall:

      1.  Prescribe by regulation the time within

which adjudications and awards must be made.

      2.  Regulate forms of notices, claims and

other blank forms deemed proper and advisable.

      3.  Prescribe by regulation the methods by

which an insurer may approve or reject claims, and may determine the amount and

nature of benefits payable in connection therewith.

      4.  Prescribe by regulation the method for

reimbursing an injured employee for expenses necessarily incurred for travel

more than 20 miles one way from the employee’s residence or place of employment

to his or her destination as a result of an industrial injury.

      5.  Determine whether an insurer or

third-party administrator has provided adequate facilities in this State to

administer claims and for the retention of a file on each claim.

      6.  Evaluate the services of private

carriers provided to employers in:

      (a) Controlling losses; and

      (b) Providing information on the prevention of

industrial accidents or occupational diseases.

      7.  Conduct such investigations and

examinations of insurers or third-party administrators as the Administrator

deems reasonable to determine whether any person has violated the provisions of

chapters 616A to 616D,

inclusive, or chapter 617 of NRS or to obtain

information useful to enforce or administer these chapters.

      8.  Prescribe by regulation the

qualifications for final approval by the Division of an applicant for a

certificate of registration as an administrator pursuant to subsection 3 of NRS 683A.08524. The regulations must

set forth qualifications which provide for the final approval of those

applicants whose approval is in the best interests of the people of this State.

      9.  Except with respect to any matter committed

by specific statute to the regulatory authority of another person or agency,

adopt such other regulations as the Administrator deems necessary to carry out

the provisions of chapters 616A to 617, inclusive, of NRS.

      [Part 44:168:1947; 1943 NCL § 2680.44]—(NRS A 1969,

1101; 1973, 599, 1597; 1977, 83; 1979, 1042; 1981, 1459; 1985, 863; 1991, 2401; 1993, 703; 1995, 2013; 1999, 1760; 2009, 3031;

2011, 3584)

      NRS 616A.401  Duties of Administrator: Adoption of regulations concerning

determination of categories of injuries to be deemed catastrophic injuries.  The Administrator shall adopt regulations for

the determination of categories of injury, other than those described in NRS 616A.077, to be deemed catastrophic injuries.

      (Added to NRS by 2009, 2778)

      NRS 616A.402  Duties of Administrator: Program concerning rights and

responsibilities of employers and employees.

      1.  The Administrator shall make available

a program, using a videotape cassette or other means of presentation,

concerning the rights and responsibilities of employers and employees pursuant

to chapters 616A to 617,

inclusive, of NRS. The Administrator shall provide written notification

concerning the availability of the program to each chamber of commerce in

Nevada and to each statewide association for a business or industry. The

program must be available to community organizations, businesses, employers and

employees upon request.

      2.  The Administrator shall provide each:

      (a) Employer who attends a program, a certificate

which certifies that the employer has completed the program described in

subsection 1. The employer shall post the certificate in his or her business in

a place that is readily accessible and visible to his or her employees.

      (b) Employee who attends a program, a card which

certifies that the employee has completed the program described in subsection

1.

      (Added to NRS by 1991, 2395; A 1993, 697; 1997, 1430)—(Substituted

in revision for NRS 616B.203)

      NRS 616A.403  Duties of Administrator: Preparation of annual report of

enforcement of Nevada Industrial Insurance Act and Nevada Occupational Diseases

Act.

      1.  The Administrator shall prepare an

annual report concerning the enforcement of the provisions of chapters

616A to 617, inclusive, of NRS through

the imposition of fines and benefit penalties against insurers, organizations

for managed care, health care providers, third-party administrators and

employers.

      2.  The annual report must include, without

limitation:

      (a) The total number of complaints filed with the

Administrator involving alleged conduct that is sanctionable by a fine or

benefit penalty;

      (b) The total number of investigations conducted

by the Administrator involving alleged conduct that is sanctionable by a fine

or benefit penalty;

      (c) The disposition of each such complaint and

investigation, including, without limitation, whether the Administrator imposed

or refused to impose a fine or benefit penalty and, if the Administrator

imposed a fine or benefit penalty, the amount of the fine or benefit penalty;

and

      (d) The disposition of any administrative appeal

or action for judicial review involving the decision of the Administrator to

impose or refuse to impose a fine or benefit penalty.

      (Added to NRS by 2005, 99)

      NRS 616A.404  Duties of Administrator: Provision of information for Office for

Consumer Health Assistance.  The

Administrator shall include on any notice or form that is provided to injured

employees and is on the Internet website of the Division, contact information

for the Office for Consumer Health Assistance of the Department of Health and

Human Services created pursuant to NRS

223.550.

      (Added to NRS by 2005, 1074)

      NRS 616A.405  Powers of Administrator: Adoption of regulations concerning

affidavit required of businesses by local governments to affirm compliance with

chapters

616A to 616D, inclusive, of NRS.  The Administrator may adopt regulations

relating to NRS 244.33505 and 268.0955, including regulations

specifying the form of the affidavit required by those sections.

      (Added to NRS by 1991, 2390)—(Substituted

in revision for NRS 616.2205)

      NRS 616A.410  Administrator to prosecute and defend actions; extraordinary

writs; verifications; undertakings.

      1.  The Administrator may prosecute, defend

and maintain actions in the name of the Administrator for the enforcement of

the provisions of chapters 616A to 616D, inclusive, or 617 of NRS and is entitled to all extraordinary

writs provided by the Constitution of the State of Nevada, the statutes of this

State and the Nevada Rules of Civil Procedure in connection therewith for the

enforcement thereof.

      2.  Verification of any pleading, affidavit

or other paper required may be made by the Administrator.

      3.  In any action or proceeding or in the

prosecution of any appeal by the Administrator, no bond or undertaking need be

furnished by the Administrator.

      [82:168:1947; 1943 NCL § 2680.82]—(NRS A 1969, 1101; 1981, 1459; 1999, 207)

      NRS 616A.417  Filing or delivering documentation by electronic transmission;

regulations by Administrator.

      1.  Except as otherwise provided in chapters 616A to 617,

inclusive, of NRS, a form, notice, claim, bill or other document required to be

filed, mailed or delivered pursuant to the provisions of those chapters, or any

regulations adopted pursuant thereto, may, in the alternative, be filed or

delivered by electronic transmission.

      2.  For the purposes of the provisions of chapters 616A to 617,

inclusive, of NRS, and any regulations adopted pursuant thereto, a signature on

a form, notice, claim, bill or other document that is filed or delivered by

electronic transmission has the same legal effect as the original signature.

      3.  The Administrator may adopt such

regulations as are necessary to provide for the filing or delivery of such

documents by electronic transmission.

      (Added to NRS by 1997, 1423)

      NRS 616A.420  Agreements or compacts with other states; insurance coverage

against double liability of employers.

      1.  The Administrator may enter into

agreements or compacts with appropriate agencies, bureaus, boards or

commissions of other states concerning matters of mutual interest,

extraterritorial problems in the administration of chapters

616A to 616D, inclusive, or chapter 617 of NRS, and to eliminate duplicate claims or

benefits.

      2.  The insurer may provide liability

insurance coverage against any risks of double liability on the part of

employers subject to chapters 616A to 616D, inclusive, or chapter 617 of NRS, for the same accident or injury.

      (Added to NRS by 1973, 368; A 1981, 1461; 1999, 208)

      NRS 616A.425  Fund for Workers’ Compensation and Safety.

      1.  There is hereby established in the

State Treasury the Fund for Workers’ Compensation and Safety as an enterprise

fund. All money received from assessments levied on insurers and employers by

the Administrator pursuant to NRS 232.680

must be deposited in this Fund.

      2.  All assessments, penalties, bonds,

securities and all other properties received, collected or acquired by the

Division for functions supported in whole or in part from the Fund must be

delivered to the custody of the State Treasurer for deposit to the credit of

the Fund.

      3.  All money and securities in the Fund

must be used to defray all costs and expenses of administering the program of

workers’ compensation, including the payment of:

      (a) All salaries and other expenses in administering

the Division of Industrial Relations, including the costs of the office and

staff of the Administrator.

      (b) All salaries and other expenses of

administering NRS 616A.435 to 616A.460, inclusive, the offices of the Hearings

Division of the Department of Administration and the programs of self-insurance

and review of premium rates by the Commissioner.

      (c) The salary and other expenses of a full-time

employee of the Legislative Counsel Bureau whose principal duties are limited

to conducting research and reviewing and evaluating data related to industrial

insurance.

      (d) All salaries and other expenses of the Fraud Control

Unit for Industrial Insurance established pursuant to NRS 228.420.

      (e) Claims against uninsured employers arising

from compliance with NRS 616C.220 and

617.401.

      (f) That portion of the salaries and other

expenses of the Office for Consumer Health Assistance of the Department of

Health and Human Services established pursuant to NRS 223.550 that is related to providing

assistance to consumers and injured employees concerning workers’ compensation.

      4.  The State Treasurer may disburse money

from the Fund only upon written order of the Controller.

      5.  The State Treasurer shall invest money

of the Fund in the same manner and in the same securities in which the State

Treasurer is authorized to invest state general funds which are in his or her

custody. Income realized from the investment of the assets of the Fund must be

credited to the Fund.

      6.  The Commissioner shall assign an

actuary to review the establishment of assessment rates. The rates must be

filed with the Commissioner 30 days before their effective date. Any insurer or

employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      7.  If the Division refunds any part of an

assessment, the Division shall include in that refund any interest earned by

the Division from the refunded part of the assessment.

      (Added to NRS by 1981, 1454; A 1991, 207, 2414, 2440; 1993, 1867, 2803; 1995, 625; 1999, 1760; 2001, 959, 2755; 2003, 2808)

      NRS 616A.430  Uninsured Employers’ Claim Account.

      1.  There is hereby established in the

State Treasury the Uninsured Employers’ Claim Account in the Fund for Workers’

Compensation and Safety, which may be used only for the purpose of making

payments in accordance with the provisions of NRS 616C.220, 616C.453 and 617.401. The Administrator shall

administer the Account and shall credit any excess money toward the assessments

of the insurers for the succeeding years.

      2.  All assessments, penalties, bonds,

securities and all other properties received, collected or acquired by the

Administrator for the Uninsured Employers’ Claim Account must be delivered to

the custody of the State Treasurer.

      3.  All money and securities in the Account

must be held by the State Treasurer as custodian thereof to be used solely for

workers’ compensation.

      4.  The State Treasurer may disburse money

from the Account only upon written order of the State Controller.

      5.  The State Treasurer shall invest money

of the Account in the same manner and in the same securities in which the State

Treasurer is authorized to invest money of the State General Fund. Income

realized from the investment of the assets of the Account must be credited to

the Account.

      6.  The Administrator shall assess each

insurer, including each employer who provides accident benefits for injured

employees pursuant to NRS 616C.265,

an amount to be deposited in the Uninsured Employers’ Claim Account. To

establish the amount of the assessment, the Administrator shall determine the

amount of money necessary to maintain an appropriate balance in the Account for

each fiscal year and shall allocate a portion of that amount to be payable by

private carriers, a portion to be payable by self-insured employers, a portion

to be payable by associations of self-insured public or private employers and a

portion to be payable by the employers who provide accident benefits pursuant

to NRS 616C.265, based upon the

expected annual expenditures for claims of each group of insurers. After

allocating the amounts payable, the Administrator shall apply an assessment

rate to the:

      (a) Private carriers that reflects the relative

hazard of the employments covered by the private carriers, results in an

equitable distribution of costs among the private carriers and is based upon

expected annual premiums to be received;

      (b) Self-insured employers that results in an

equitable distribution of costs among the self-insured employers and is based

upon expected annual expenditures for claims;

      (c) Associations of self-insured public or

private employers that results in an equitable distribution of costs among the

associations of self-insured public or private employers and is based upon

expected annual expenditures for claims; and

      (d) Employers who provide accident benefits

pursuant to NRS 616C.265 that

reflects the relative hazard of the employments covered by those employers,

results in an equitable distribution of costs among the employers and is based

upon expected annual expenditures for claims.

Ê The

Administrator shall adopt regulations for the establishment and administration

of the assessment rates, payments and any penalties that the Administrator

determines are necessary to carry out the provisions of this subsection. As

used in this subsection, the term “group of insurers” includes the group of

employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

      7.  The Commissioner shall assign an

actuary to review the establishment of assessment rates. The rates must be

filed with the Commissioner 30 days before their effective date. Any insurer

who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      (Added to NRS by 1981, 1455; A 1991, 208; 1993, 1869, 2804; 1995, 625; 1997, 127; 2001, 2447, 2755; 2005, 1315)

NEVADA ATTORNEY FOR INJURED WORKERS

      NRS 616A.435  Office created; appointment; term; qualifications; duties

limited.

      1.  The Office of the Nevada Attorney for

Injured Workers is hereby created within the Department of Business and

Industry. The Governor shall appoint the Nevada Attorney for Injured Workers

for a term of 4 years.

      2.  The Nevada Attorney for Injured

Workers:

      (a) Must be an attorney licensed to practice law

in this State.

      (b) Is in the unclassified service of the State.

      (c) Except as otherwise provided in NRS 7.065, shall not engage in the private

practice of law.

      3.  The duties of the Nevada Attorney for

Injured Workers are limited to those prescribed by NRS

616A.455 and 616A.460.

      (Added to NRS by 1977, 886; A 1979, 310; 1981, 1285; 1985, 667; 1989, 204; 1991, 833; 1993, 1861)—(Substituted

in revision for NRS 616.253)

      NRS 616A.440  Employment of Deputy and staff; qualifications of Deputy.

      1.  The Nevada Attorney for Injured Workers

may employ:

      (a) A Deputy Nevada Attorney for Injured Workers

who is in the unclassified service of the State.

      (b) Clerical and other necessary staff who are in

the classified service of the State.

      2.  The Deputy must be an attorney licensed

to practice law in this State and, except as otherwise provided in NRS 7.065, shall not engage in the private

practice of law.

      (Added to NRS by 1977, 886; A 1985, 443, 667; 1989, 204; 1991, 833)—(Substituted

in revision for NRS 616.2531)

      NRS 616A.445  Offices; budget.

      1.  The Nevada Attorney for Injured Workers

shall establish an office in Carson City or Reno, Nevada, and an office in Las

Vegas, Nevada.

      2.  The Nevada Attorney for Injured Workers

shall prepare and submit a budget for the maintenance and operation of his or

her office in the same manner as other state agencies.

      (Added to NRS by 1977, 886; A 1979, 1044; 1981, 1463; 1983, 1294; 1985, 667; 1991, 59, 833, 1934, 1935)—(Substituted

in revision for NRS 616.2533)

      NRS 616A.450  Request for appointment; consideration of and action upon

request; representation upon appointment.

      1.  Any claimant may request the

appointment of the Nevada Attorney for Injured Workers to represent him or her.

The request must be made in writing.

      2.  The appeals officer or Administrator,

as the case may be, shall consider each request within a reasonable time and

shall make any inquiry as he or she deems necessary. If the appeals officer or

Administrator, as applicable, finds that the claimant would be better served by

legal representation in the case, he or she shall appoint the Nevada Attorney

for Injured Workers to represent the claimant. Once the Nevada Attorney for

Injured Workers has been appointed to represent a claimant, the Nevada Attorney

for Injured Workers is authorized to represent the claimant at any level of

proceedings if, in the opinion of the Nevada Attorney for Injured Workers, the

representation is necessary.

      (Added to NRS by 1977, 886; A 1983, 478; 1985, 667; 1989, 818; 1991, 833)—(Substituted

in revision for NRS 616.2535)

      NRS 616A.455  Powers and duties.

      1.  Except as otherwise provided in

subsection 3, the Nevada Attorney for Injured Workers shall, when appointed by

an appeals officer or the Administrator, represent without charge a claimant

before the appeals officer, Administrator, district court, Court of Appeals or

Supreme Court. In addition, the Nevada Attorney for Injured Workers may give

advice regarding a claimant’s rights before a hearing officer and the procedure

for enforcing those rights.

      2.  When representing a claimant, the

Nevada Attorney for Injured Workers shall:

      (a) Advise the claimant and present the

claimant’s case to the appeals officer or Administrator; and

      (b) Present in the district court or the appellate

court of competent jurisdiction an appeal from the decision of the appeals

officer or Administrator if, in the opinion of the Nevada Attorney for Injured

Workers, the appeal is merited.

      3.  If the Nevada Attorney for Injured

Workers determines, in accordance with the guidelines adopted pursuant to

subsection 4, that a claim is frivolous or lacks merit, he or she may refuse to

represent a claimant.

      4.  The Nevada Attorney for Injured Workers

shall establish the policies to be followed in determining whether a claim is

frivolous or lacks merit.

      (Added to NRS by 1977, 886; A 1985, 668; 1989, 818; 1991, 834, 2403; 2013, 1793)

      NRS 616A.460  Employment of private counsel by claimant; reimbursement of

Division; report to Governor.

      1.  The provisions of NRS 616A.435 to 616A.460,

inclusive, do not prevent any claimant from engaging private counsel at any

time, but the employment of private counsel relieves the Nevada Attorney for

Injured Workers from further presentation of the claimant’s case. Any claimant

who uses the services of the Nevada Attorney for Injured Workers and who also

retains private counsel shall reimburse the Division for the reasonable cost of

the services of the Nevada Attorney for Injured Workers.

      2.  The Nevada Attorney for Injured Workers

shall submit a report to the Governor containing a statement of the number of

claimants represented, the status of each case and the amount and nature of the

expenditures made by his or her office.

      (Added to NRS by 1977, 887; A 1981, 1463; 1985, 668; 1991, 834; 1993, 1861)—(Substituted

in revision for NRS 616.2539)

ADDITIONAL DUTIES OF PUBLIC AGENCIES

      NRS 616A.465  Responsibilities of Division, Commissioner of Insurance,

Department of Administration and Nevada Attorney for Injured Workers.

      1.  Except as otherwise provided in this

section, the Division shall:

      (a) Regulate insurers pursuant to chapters 616A to 617,

inclusive, of NRS;

      (b) Investigate insurers regarding compliance

with statutes and the Division’s regulations;

      (c) Determine whether an employee leasing company

is entitled to a certificate of registration pursuant to NRS 616B.673; and

      (d) Regulate employee leasing companies pursuant

to the provisions of NRS 616B.670 to 616B.697, inclusive.

      2.  The Commissioner is responsible for

reviewing rates, investigating the solvency of insurers, authorizing private

carriers pursuant to chapter 680A of NRS

and certifying:

      (a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;

      (b) Associations of self-insured public or

private employers pursuant to NRS

616B.350 to 616B.446, inclusive;

and

      (c) Third-party administrators pursuant to chapter 683A of NRS.

      3.  The Department of Administration is

responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The Administrator

is responsible for administrative appeals pursuant to NRS 616B.215.

      4.  The Nevada Attorney for Injured Workers

is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460,

inclusive, and 616D.120.

      5.  The Division is responsible for the

investigation of complaints. If a complaint is filed with the Division, the

Administrator shall cause to be conducted an investigation which includes a

review of relevant records and interviews of affected persons. If the

Administrator determines that a violation may have occurred, the Administrator

shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.

      6.  As used in this section, “employee

leasing company” has the meaning ascribed to it in NRS 616B.670.

      (Added to NRS by 1981, 1453; A 1983, 355; 1985, 666; 1991, 831, 2400; 1993, 699, 700, 1856; 1995, 531, 542, 1638, 2010, 2130; 1997, 285, 532, 535; 1999, 400, 1714, 2412; 2001, 170; 2009, 1122)

      NRS 616A.466  Recognition of certain provisions of collective bargaining

agreements.

      1.  Except as otherwise provided in

subsection 2, notwithstanding any provisions of chapters

616A to 617, inclusive, of NRS to the

contrary, the Division and the courts of this State shall recognize as valid

and binding, in a collective bargaining agreement between a private employer or

a group of private employers and a labor organization that represents the

employees of such employers, any provision which establishes:

      (a) A process for alternative dispute resolution,

including, without limitation, mediation and arbitration, which governs

disputes between employees and employers or their insurers and which

supplements or replaces all or part of the dispute resolution processes

contained in chapters 616A to 617, inclusive, of NRS. Any such process for

alternative dispute resolution must provide that a finding of fact, award,

order or decision of an arbitrator or board of arbitration:

             (1) Has the same force and effect as a

finding of fact, award, order or decision of a hearing officer or the

Administrator, as applicable; and

             (2) Is subject to review by an appeals

officer in the same manner, and using the same procedures, as provided for

review of a finding of fact, award, order or decision made by a hearing officer

or the Administrator, as applicable;

      (b) The use of a specified list of providers of

medical treatment who may be the exclusive source of all medical treatment

provided under chapters 616A to 617, inclusive, of NRS;

      (c) The use of a specified list of medical

evaluators who may be the exclusive source of all medical evaluations under chapters 616A to 617,

inclusive, of NRS;

      (d) A joint committee for safety involving both

the employer and the labor organization;

      (e) A program for light-duty employment or

employment that is modified according to limitations or restrictions imposed by

a physician or chiropractor; or

      (f) A program for vocational rehabilitation

utilizing a specified list of providers of vocational rehabilitation services

who may be the exclusive source of all vocational rehabilitation services under

chapters 616A to 617,

inclusive, of NRS.

      2.  Nothing in this section:

      (a) Authorizes any provision of a collective

bargaining agreement to reduce the entitlement of an employee to compensation

for temporary total disability, temporary partial disability, permanent total

disability, permanent partial disability, vocational rehabilitation services or

medical treatment fully paid for by the employer, as otherwise provided in chapters 616A to 617,

inclusive, of NRS. Any provision of a collective bargaining agreement which

purports to so reduce the entitlement of an employee to any such compensation

is void.

      (b) Prohibits an employer and a labor

organization from negotiating any aspect of the delivery of medical benefits or

the delivery of compensation for disability to employees of the employer or

group of employers who are eligible for group health benefits and disability

benefits through their employer other than those provided in chapters

616A to 617, inclusive, of NRS.

      3.  As used in this section, “labor

organization” means any organization of any kind, or any agency or employee

representation committee or plan, in which employees participate and which

exists for the purpose, in whole or in part, of dealing with employers

concerning grievances, labor disputes, wages, rates of pay, hours of employment

or conditions of work.

      (Added to NRS by 2009, 2064)

      NRS 616A.467  Power of Commissioner and Administrator to delegate authority to

collect fines and deposit in Fund for Workers’ Compensation and Safety; claims

for attorney’s fees and costs of investigation if authority to collect fines

not delegated.

      1.  The Commissioner or the Administrator

may delegate to a hearing officer or panel the authority of the Commissioner or

the Administrator, as applicable, to take any disciplinary action pursuant to NRS 616B.318, 616B.321, 616B.350 to 616B.446, inclusive, 616B.463, 616B.472 or 616D.120, impose and collect

administrative fines pursuant to those sections and deposit the money in the

Fund for Workers’ Compensation and Safety.

      2.  If a hearing officer or panel is not

authorized to take disciplinary action pursuant to subsection 1 and the

Commissioner or the Administrator deposits the money collected from the

imposition of administrative fines with the State Treasurer for credit to the State

General Fund, he or she may present a claim to the State Board of Examiners for

recommendation to the Interim Finance Committee if money is needed to pay

attorney’s fees or the costs of an investigation, or both.

      [84:168:1947; 1943 NCL § 2680.84]—(NRS A 1965, 1344;

1973, 602; 1981,

1477; 1983,

1532; 1985,

584; 1989,

893; 1993,

724; 1995,

2028; 1999,

1715, 1766)—(Substituted

in revision for NRS 616B.086)

      NRS 616A.469  Certificate to operate as independent review organization:

Authority of Commissioner to issue certificate; application; fee; prerequisites

to issuance; ineligible parties.

      1.  The Commissioner may issue certificates

authorizing qualified independent review organizations to conduct external

reviews for the purposes of chapters 616A to 617, inclusive, of NRS. If the Commissioner

issues such certificates and the Commissioner determines that an independent

review organization is qualified to conduct external reviews for the purposes

of chapters 616A to 617,

inclusive, of NRS, the Commissioner shall issue a certificate to the

independent review organization that authorizes the organization to conduct

such external reviews in accordance with the provisions of NRS 616C.363 and the regulations adopted

by the Commissioner.

      2.  The Commissioner may adopt regulations

setting forth the procedures that an independent review organization must

follow to be issued a certificate to conduct external reviews. Any regulations

adopted pursuant to this section must include, without limitation, provisions

setting forth:

      (a) The manner in which an independent review

organization may apply for a certificate and the requirements for the issuance

and renewal of the certificate pursuant to this section;

      (b) The grounds for which the Commissioner may

refuse to issue, suspend, revoke or refuse to renew a certificate issued

pursuant to this section;

      (c) The manner and circumstances under which an

independent review organization is required to conduct its business; and

      (d) Any applicable fees for issuing or renewing a

certificate of an independent review organization pursuant to this section.

      3.  A certificate issued pursuant to this

section expires 1 year after it is issued and may be renewed in accordance with

regulations adopted by the Commissioner.

      4.  Before the Commissioner may issue a

certificate to an independent review organization, the independent review

organization must:

      (a) Demonstrate to the satisfaction of the

Commissioner that it is able to carry out, in a timely manner, the duties of an

independent review organization as set forth in NRS 616C.363 and the regulations adopted

by the Commissioner. The demonstration must include, without limitation, proof

that the independent review organization employs, contracts with or otherwise

retains only persons who are qualified because of their education, training,

professional licensing and experience to perform the duties assigned to those

persons; and

      (b) Provide assurances satisfactory to the

Commissioner that the independent review organization will:

             (1) Conduct external reviews in accordance

with the provisions of NRS 616C.363

and the regulations adopted by the Commissioner;

             (2) Render its decisions in a clear,

consistent, thorough and timely manner; and

             (3) Avoid conflicts of interest.

      5.  For the purposes of this section, an

independent review organization has a conflict of interest if the independent

review organization or any employee, agent or contractor of the independent

review organization who conducts an external review has a professional,

familial or financial interest of a material nature with respect to any person

who has a substantial interest in the outcome of the external review,

including, without limitation:

      (a) The claimant;

      (b) The employer; or

      (c) The insurer or any officer, director or management

employee of the insurer.

      6.  The Commissioner shall not issue a

certificate to an independent review organization that is affiliated with:

      (a) An organization for managed care which

provides comprehensive medical and health care services to employees for

injuries or diseases pursuant to chapters 616A to 617, inclusive, of NRS;

      (b) An insurer;

      (c) A third-party administrator; or

      (d) A national, state or local trade association.

      7.  An independent review organization

which is certified or accredited by an accrediting body that is nationally

recognized shall be deemed to have satisfied all the conditions and

qualifications required for the independent review organization to be issued a

certificate pursuant to this section.

      (Added to NRS by 2003, 2330; A 2009, 1827;

2011, 3420)

ADMINISTRATIVE DUTIES OF EMPLOYERS

      NRS 616A.470  Self-insured employers and private carriers to compensate Nevada

Attorney for Injured Workers or Hearings Division of Department of

Administration for services provided.

      1.  Except as otherwise provided in

subsection 2, each self-insured employer, association of self-insured public or

private employers and private carrier shall compensate the office of the Nevada

Attorney for Injured Workers or the Hearings Division of the Department of

Administration, as appropriate, for all services which the Occupational Safety

and Health Review Board, the Nevada Attorney for Injured Workers, the mediators

and the appeals officers provide to those employers. The cost of any service

must be negotiated by the employer, association or private carrier, and the

Nevada Attorney for Injured Workers or the Division, as appropriate, before the

employer, association or private carrier is charged for the service.

      2.  All compensation must be on the basis

of actual cost and not on a basis which includes any subsidy for the Office of

the Nevada Attorney for Injured Workers, the Division or other employers.

      (Added to NRS by 1979, 1039; A 1981, 1461; 1985, 667; 1991, 832; 1993, 707, 708; 1995, 2014; 1997, 1423; 1999, 444, 1761)

      NRS 616A.475  Self-insured employers, associations of self-insured employers

and private carriers to furnish information to Administrator; insured employer

to keep sufficient supply of blank forms.

      1.  Every self-insured employer,

association of self-insured public or private employers or private carrier

shall furnish to the Administrator, upon request, all information required to

carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator or any person

employed by the Administrator for that purpose, may examine, under oath, any

employer or officer, agent or employee thereof.

      2.  Every insured employer shall keep on

hand constantly a sufficient supply of blank forms furnished by the insurer.

      [Part 44:168:1947; 1943 NCL § 2680.44] +

[45:168:1947; 1943 NCL § 2680.45]—(NRS A 1981, 1165, 1468; 1995, 2021; 1999, 208, 1762)

      NRS 616A.480  Required execution of blank forms by employer; penalty for

noncompliance.

      1.  Every employer receiving from the

insurer or Administrator any blank form with directions to fill it out shall:

      (a) Cause it to be filled out properly.

      (b) Answer fully and correctly all questions

therein propounded, and if unable to do so, shall give sufficient reasons for

his or her failure. Answers to questions must be verified and returned to the

insurer or Administrator, as appropriate, within 6 working days.

      2.  If an employer fails to comply with the

provisions of subsection 1, the Administrator shall impose a fine of not more

than $1,000 for each failure to comply.

      [46:168:1947; 1943 NCL § 2680.46]—(NRS A 1981, 1469; 1991, 2404; 1993, 712; 1995, 2022)—(Substituted

in revision for NRS 616.330)

      NRS 616A.485  Employer’s records open to inspection.

      1.  The books, records and payroll of an

employer who is self-insured, a member of an association of self-insured public

or private employers or insured by a private carrier must be open to inspection

by the Administrator or an auditor or agent of the Administrator to determine:

      (a) The accuracy of the payroll;

      (b) The number of persons employed; and

      (c) Any other information necessary for the

administration of chapters 616A to 617, inclusive, of NRS.

      2.  The books, records and payroll of an

employer who is insured by a private carrier must be open to inspection by that

private carrier or its auditor or agent in the manner prescribed in subsection

1.

      [Part 80:168:1947; 1943 NCL § 2680.80]—(NRS A 1981, 1469; 1993, 1862; 1995, 2022; 1999, 1762, 2413; 2001, 115)

      NRS 616A.490  Employer to post notice identifying industrial insurer; contents

of notice.  Every employer shall

post a notice upon his or her premises in a conspicuous place identifying the

employer’s industrial insurer. The notice must include the insurer’s name,

business address and telephone number and the name, business address and

telephone number of its nearest adjuster in this State. The employer shall at

all times maintain the notice provided for the information of his or her

employees.

      (Added to NRS by 1995, 2000)

      NRS 616A.495  Employer to make available evidence of coverage; penalty for

noncompliance.

      1.  Each employer shall ensure that a copy

of the employer’s:

      (a) Policy of industrial insurance, including the

declaration page, if the employer is insured by a private carrier;

      (b) Certificate issued by the Commissioner

pursuant to NRS 616B.312, if the

employer is self-insured; or

      (c) Certificate issued by the Commissioner

pursuant to NRS 616B.359 and of a

certificate or letter issued by the association of self-insured public or

private employers verifying that the employer is a member in good standing of

the association, if the employer is a member of an association of self-insured

public or private employers,

Ê is available

at all times for inspection by the Administrator or the auditor or agent of the

Administrator or an investigator of the Attorney General at each of the

employer’s places of business, except that if such a place of business is

situated in a temporary location and is intended to remain in the temporary

location for not more than 1 year, the copy must be made available at that

place of business within 24 hours after being requested by the Administrator,

auditor, agent or investigator.

      2.  An employer insured by a private

carrier, self-insured employer or employer who is a member of an association of

self-insured public or private employers who violates the provisions of

subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 1997, 3216; A 1997, 3224; 2001, 800)