closed, including, without limitation, using the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that was applicable on the date the claim was closed. (Added to NRS by 2005, 1491) COMPENSATION FOR INJURIES AND DEATH General Provisions NRS 616C.400 Minimum duration of incapacity. 1. Temporary compensation benefits must not be paid under chapters 616A to 616D, inclusive, of NRS for an injury which does not incapacitate the employee for at least 5 consecutive days, or 5 cumulative days within a 20-day period, from earning full wages, but if the incapacity extends for 5 or more consecutive days, or 5 cumulative days within a 20-day period, compensation must then be computed from the date of the injury. 2. The period prescribed in this section does not apply to: (a) Accident benefits, whether they are furnished pursuant to NRS 616C.255 or 616C.265, if the injured employee is otherwise covered by the provisions of chapters 616A to 616D, inclusive, of NRS and entitled to those benefits. (b) Compensation paid to the injured employee pursuant to subsection 1 of NRS 616C.477. [69:168:1947; 1943 NCL § 2680.69]—(NRS A 1975, 254; 1987, 922; 2005, 101) NRS 616C.405 Limitations on benefits received by employee. Except as otherwise provided in subsection 4 of NRS 616C.440, an employee who is receiving compensation for: 1. A permanent total disability is not entitled to compensation for permanent partial disability during the period when he is receiving compensation for the permanent total disability. 2. A temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability. 3. A temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability. (Added to NRS by 1983, 431; A 1995, 2159)—(Substituted in revision for NRS 616.613) NRS 616C.408 Restrictive endorsements on checks issued by insurers. 1. An insurer shall not issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of permanent total disability benefits that includes a restrictive endorsement. 2. An insurer may issue a check pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for the payment of temporary total disability, temporary partial disability, permanent partial disability, rehabilitation maintenance benefits or compensation paid pursuant to subsection 1 of NRS 616C.477 that includes a restrictive endorsement. 3. If an insurer issues a check that includes a restrictive endorsement pursuant to subsection 2, the restrictive endorsement must: (a) Clearly and accurately state the restrictive conditions; and (b) Not provide for any condition or restriction not authorized under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 2003, 1247; A 2005, 101) NRS 616C.410 Prohibition of settlements paid in lump sum; exceptions. Except as otherwise provided by NRS 616C.380, 616C.495, 616C.505, 616C.580 and 616C.595, the insurer shall not make or allow any lump-sum settlements. [65:168:1947; A 1949, 659; 1943 NCL § 2680.65]—(NRS A 1959, 204; 1966, 48; 1967, 691; 1971, 320; 1973, 535; 1975, 607; 1981, 1172, 1497; 1983, 430, 646; 1987, 1466; 1989, 688; 1991, 2426; 1993, 754)—(Substituted in revision for NRS 616.620) NRS 616C.412 Purchase of annuity by insurer to ensure payment of claim; adoption of regulations by Commissioner. 1. An insurer may purchase an annuity to ensure the payment of a claim filed with the insurer pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. 2. The Commissioner shall adopt such regulations as are necessary to carry out the provisions of this section. (Added to NRS by 1997, 1425) NRS 616C.415 Written explanation of alternative settlements to be given to employee or dependents. 1. Every injured employee, widow, widower or dependent, within the provisions of chapters 616A to 616D, inclusive, of NRS, is entitled to receive from a qualified employee of the insurer an explanation of the various alternatives implicit in lump-sum compensation or other settlement pursuant to those chapters and the long-range effects of a determination made as to one or the other kind of settlement. 2. The insurer shall provide a written explanation of the alternatives pursuant to subsection 1. 3. Upon selecting an alternative, the injured employee, widow, widower or dependent shall provide his selection in writing to the insurer. (Added to NRS by 1971, 770; A 1981, 1497; 1991, 2426)—(Substituted in revision for NRS 616.623) NRS 616C.420 Method of determining average monthly wage. The Administrator shall provide by regulation for a method of determining average monthly wage. (Added to NRS by 1981, 1196; A 1981, 1829; 1983, 1296)—(Substituted in revision for NRS 616.624) NRS 616C.425 Date of determination of amount of compensation and benefits. Except as otherwise provided by a specific statute: 1. The amount of compensation and benefits and the person or persons entitled thereto must be determined as of the date of the accident or injury to the employee, and their rights thereto become fixed as of that date. 2. If the employee incurs a subsequent injury or disability that primarily arises from a previous accident or injury that arose out of and in the course of his employment, the date of the previous accident or injury must be used to determine the amount of compensation and benefits to which the claimant is entitled. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1961, 278; 1963, 1146; 1971, 321; 1981, 1226; 1985, 1461; 1993, 754; 1995, 2160)—(Substituted in revision for NRS 616.625) NRS 616C.430 Reduction of compensation by amount of federal disability insurance benefits received by employee. 1. If an employee who is entitled to compensation under chapters 616A to 616D, inclusive, of NRS for temporary total disability, permanent partial disability or permanent total disability becomes entitled to federal disability insurance benefits under section 202 or 223 of the Social Security Act, as amended (42 U.S.C §§ 402 and 423, respectively), the employee’s compensation under chapters 616A to 616D, inclusive, of NRS must be reduced by the amount of the federal benefits being received by him. 2. This section must not be applied to reduce the employee’s compensation under chapters 616A to 616D, inclusive, of NRS to any greater extent than his federal benefits would have otherwise been reduced by the Social Security Administration under section 224 of the Social Security Act, as amended (42 U.S.C. § 424a). After any reduction pursuant to this section, the combination of his state compensation and federal benefits must be at least as much as the greater of: (a) The benefits payable pursuant to chapters 616A to 616D, inclusive, of NRS (without the reduction); or (b) The benefits payable under the Social Security Act (without any reduction). 3. After a reduced amount of compensation for an employee has been established pursuant to this section, no further reduction in his compensation may be made because he receives an increase in his benefits under the Social Security Act as the result of an adjustment based on an increase in the cost of living. 4. No compensation may be reduced pursuant to this section until the Social Security Administration has determined the amount of benefits payable to the employee under section 202 or 223 of the Social Security Act and he has begun to receive those benefits. 5. If an employee: (a) Fails to report the amount of ben

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