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Nevada Injury Law

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Las Vegas Inury Lawyer
Las Vegas Injury Lawyer





Vegas Law

efits which he is receiving under section 202 or 223 of the Social Security Act, within 30 days after he is requested in writing by the insurer to make that report; or (b) Fails to provide the insurer with a written authorization for the Social Security Administration to release information on the employee’s average current earnings and the amount of benefits to which he is entitled, within 30 days after he is requested to provide that authorization, the insurer may reduce by 50 percent the compensation which the employee would otherwise receive pursuant to chapters 616A to 616D, inclusive, of NRS. Any compensation which is withheld pursuant to this subsection must be paid to the employee when he has furnished the report or authorization as requested. 6. If the provisions of section 224 of the Social Security Act are amended: (a) To allow an employee to receive more compensation under chapters 616A to 616D, inclusive, of NRS without any reduction in benefits payable under section 202 or 223 of the Social Security Act; or (b) To lower the maximum sum of compensation payable under chapters 616A to 616D, inclusive, of NRS and benefits payable under section 202 or 223 of the Social Security Act, the reduction imposed by this section must be increased or decreased correspondingly. 7. No reduction in compensation may be made under this section for any period of entitlement which: (a) Occurs before January 1, 1982; (b) Occurs before the employee has been given a written notice by mail of the intended reduction; or (c) Includes any week after the week in which the employee becomes 62 years of age. (Added to NRS by 1981, 1224; A 1981, 1538)—(Substituted in revision for NRS 616.6285) Permanent Total Disability NRS 616C.435 Injuries deemed total and permanent. 1. In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent: (a) The total and permanent loss of sight of both eyes. (b) The loss by separation of both legs at or above the knee. (c) The loss by separation of both arms at or above the elbow. (d) An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm. (e) An injury to the skull resulting in incurable imbecility or insanity. (f) The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee. 2. The enumeration in subsection 1 is not exclusive, and in all other cases permanent total disability must be determined by the insurer in accordance with the facts presented. [60:168:1947; 1943 NCL § 2680.60]—(NRS A 1981, 1492)—(Substituted in revision for NRS 616.575) NRS 616C.440 Amount and duration of compensation; limitations; effect of previous award of compensation. 1. Except as otherwise provided in this section and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents as defined in chapters 616A to 616D, inclusive, of NRS, is entitled to receive the following compensation for permanent total disability: (a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage. (b) If there is a previous disability, as the loss of one eye, one hand, one foot or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury, but such a deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability. The total amount of the allowable deduction includes, without limitation, compensation for a permanent partial disability that was deducted from: (1) Any compensation the employee received for a temporary total disability; or (2) Any other compensation received by the employee. (c) If the character of the injury is such as to render the employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616C.265. 2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a permanent total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive those benefits when the injured employee is released from incarceration if he is certified as permanently totally disabled by a physician or chiropractor. 3. An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists. 4. If an employee who has received compensation in a lump sum for a permanent partial disability pursuant to NRS 616C.495 is subsequently determined to be permanently and totally disabled, the insurer of the employee’s employer shall recover pursuant to this subsection the actual amount of the lump sum paid to the employee for the permanent partial disability. The insurer shall not recover from the employee, whether by deductions or single payment, or a combination of both, more than the actual amount of the lump sum paid to the employee. To recover the actual amount of the lump sum, the insurer shall: (a) Unless the employee submits a request described in paragraph (b), deduct from the compensation for the permanent total disability an amount that is not more than 10 percent of the rate of compensation for a permanent total disability until the actual amount of the lump sum paid to the employee for the permanent partial disability is recovered; or (b) Upon the request of the employee, accept in a single payment from the employee an amount that is equal to the actual amount of the lump sum paid to the employee for the permanent partial disability, less the actual amount of all deductions made to date by the insurer from the employee for repayment of the lump sum. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1959, 614; 1961, 278; 1965, 319; 1966, 42; 1969, 472; 1971, 322; 1973, 530; 1985, 1765; 1993, 746; 1995, 2154; 1997, 3347; 1999, 1788; 2003, 481) NRS 616C.445 Recipient of compensation to report annual earnings; payments suspended if report not made. Each former employee receiving benefits for a permanent total disability shall report annually on the anniversary date of the award to the insurer all of his employment for the prior 12-month period. In the event the former employee fails to make the report to the insurer within 30 days following the anniversary date, the insurer shall notify the employer and the employee that the report has not been received and the insurer may then order any further payments suspended until the report of employment is filed with the insurer. (Added to NRS by 1973, 598; A 1979, 1057; 1981, 1170, 1493)—(Substituted in revision for NRS 616.583) NRS 616C.447 Insurer required to make certain accountings to injured employee who is entitled to compensation for permanent total disability; additional accountings may be requested by injured employee. 1. An insurer that makes payments of compensation to an injured employee for

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