e effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit or declaration, mails or delivers to the proponent a request to cross-examine the affiant or declarant, his right to cross-examine the affiant or declarant is waived and the affidavit or declaration, if introduced into evidence, will have the same effect as if the affiant or declarant had given sworn testimony before the appeals officer, the Administrator or the Administrator’s designee. (Added to NRS by 1975, 761; A 1977, 84; 1981, 1490; 1983, 358; 1993, 740; 1997, 1422; 1999, 1728) NRS 616C.360 Record of hearing before appeals officer; rules of evidence; evaluation of injured employee; submission to external review organization; powers and duties of appeals officer; transcripts; issuance of decision. 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing. 2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter. 3. If there is a medical question or dispute concerning an injured employee’s condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may: (a) Refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer. (b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner. 4. If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less. 5. The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied. 6. Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders. 7. The appeals officer shall render his decision: (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or (b) If a transcript has not been ordered, within 30 days after the date of the hearing. 8. The appeals officer may affirm, modify or reverse any decision made by the hearing officer and issue any necessary and proper order to give effect to his decision. (Added to NRS by 1979, 1040; A 1987, 92; 1991, 2419; 1993, 740; 1999, 1786, 2219; 2001, 115, 1896; 2003, 2336; 2005, 239, 1269) NRS 616C.363 External review: Duties of external review organization; contents and submission of decision by organization; costs; regulations. 1. Not later than 5 business days after the date that an external review organization receives a request for an external review, the external review organization shall: (a) Review the documents and materials submitted for the external review; and (b) Notify the injured employee, his employer and the insurer whether the external review organization needs any additional information to conduct the external review. 2. The external review organization shall render a decision on the matter not later than 15 business days after the date that it receives all information that is necessary to conduct the external review. 3. In conducting the external review, the external review organization shall consider, without limitation: (a) The medical records of the insured; (b) Any recommendations of the physician of the insured; and (c) Any other information approved by the Commissioner for consideration by an external review organization. 4. In its decision, the external review organization shall specify the reasons for its decision. The external review organization shall submit a copy of its decision to: (a) The injured employee; (b) The employer; (c) The insurer; and (d) The appeals officer, if any. 5. The insurer shall pay the costs of the services provided by the external review organization. 6. The Commissioner may adopt regulations to govern the process of external review and to carry out the provisions of this section. Any regulations adopted pursuant to this section must provide that: (a) All parties must agree to the submission of a matter to an external review organization before a request for external review may be submitted; (b) A party may not be ordered to submit a matter to an external review organization; and (c) The findings and decisions of an external review organization are not binding. (Added to NRS by 2003, 2332) NRS 616C.365 Reimbursement of employee’s expenses incurred and wages lost as result of hearing requested by employer or insurer; regulations. 1. If an employer or insurer requests a hearing before a hearing officer or appeals officer relating to a claim for compensation, and the hearing results in a decision favorable to the employee, the employee is entitled to receive reimbursement from the insurer for: (a) His actual expenses necessarily incurred for travel to and from the hearing, if he is required to travel more than 20 miles one way from his residence or place of employment to the hearing; and (b) Any regular wages lost as a result of his attending the hearing. 2. The Division shall adopt regulations governing the procedure and forms to be used for the reimbursement provided by subsection 1. (Added to NRS by 1985, 1575; A 1993, 1870)—(Substituted in revision for NRS 616.5428) NRS 616C.370 Judicial review. 1. No judicial proceedings may be instituted for compensation for an injury or death under chapters 616A to 616D, inclusive, of NRS unless: (a) A claim for compensation is filed as provided in NRS 616C.020; and (b) A final decision of an appeals officer has been rendered on such claim. 2. Judicial proceedings instituted for compensation for an injury or death, under chapters 616A to 616D, inclusive, of NRS are limited to judicial review of the decision of an appeals officer. (Added to NRS by 1973, 1596; A 1977, 84, 315, 317; 1993, 740)—(Substituted in revision for NRS 616.543) NRS 616C.375 Stay of decision of appeals officer. If an insurer, employer or claimant, or the representative of an insurer, employer or claimant, appeals the decisio

Vegas Law