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a permanent total disability shall provide to the injured employee an annual accounting in the form of a letter that sets forth with respect to the payments:
(a) The total amount of the compensation for the permanent total disability that the injured employee is entitled to receive, before any deductions are made;
(b) The net amount of the current payment for the compensation;
(c) The amount of any deduction that is made against the total amount of the compensation, if any; and
(d) If a deduction is being made against the total amount of the compensation to repay any previous awards of compensation for a permanent partial disability:
(1) The amount of the deduction;
(2) The claim number for each of those awards; and
(3) The balance of each of those awards.
2. An injured employee may request in writing from the insurer an accounting described in subsection 1. The accounting must cover the period from the date on which the most recent annual accounting was provided to the injured employee pursuant to subsection 1 to the date on which the written request is made. The insurer shall provide the accounting to the injured employee not later than 30 days after receiving the written request for the accounting from the injured employee. Any accounting provided by an insurer to an injured employee pursuant to this subsection must be provided in addition to, and not in lieu of, the annual accountings required pursuant to subsection 1.
(Added to NRS by 2005, 1490)
NRS 616C.450 Compensation to injured employee or dependents of injured employee for permanent total disability or death benefit if injury or occupational disease occurred before July 1, 1980.
1. An injured employee or the dependents of an injured employee who are entitled to receive compensation for a permanent total disability pursuant to NRS 616C.440 or a death benefit pursuant to NRS 616C.505 for an industrial injury or occupational disease which occurred before July 1, 1980, are entitled to receive compensation of not less than $600 each month. If the compensation is to be received by the dependents of an injured employee, it must be divided amongst them as provided in chapters 616A to 616D, inclusive, of NRS.
2. A self-insured employer or an association of self-insured public or private employers shall provide for the increase in monthly compensation required by subsection 1 for each person who would be entitled to receive the increase if the provisions of this section were applicable to the employer or association.
3. A person who is entitled to receive an increase in his monthly compensation pursuant to subsection 1 is not required to accept that increase.
4. The Administrator shall adopt regulations to carry out the provisions of this section.
(Added to NRS by 1991, 1946; A 1993, 754, 2444, 2454; 1995, 2160)—(Substituted in revision for NRS 616.6283)
NRS 616C.453 Additional annual payment to certain claimants and dependents of claimants who are entitled to receive compensation for permanent total disability; adoption of regulations to determine amount of payment.
1. If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability and the claimant or dependent is not entitled to an annual increase in that compensation pursuant to NRS 616C.473, the claimant or dependent is entitled to an annual payment for that permanent total disability in an amount determined by the Administrator pursuant to subsection 3, but such annual payments may not exceed $1,200 per claimant or dependent. The total payments made pursuant to this section may not exceed $500,000 per year.
2. Each year, the Administrator shall withdraw from the Uninsured Employers’ Claim Account established pursuant to NRS 616A.430 an amount of the income realized from the investment of the assets in the Account that is necessary to fund the payments calculated pursuant to subsection 3.
3. The Administrator shall adopt regulations establishing a method for the equitable distribution of the money withdrawn from the Account pursuant to subsection 2. The regulations must provide for payments that result in the largest proportional share of the money being paid to claimants and dependents who receive the lowest amount of compensation pursuant to chapters 616A to 617, inclusive, of NRS for the permanent total disability. The Administrator may adopt any other regulations that are necessary to carry out the provisions of this section.
4. The Administrator shall make the payment required by this section to each claimant and dependent of the claimant who is entitled to the payment not later than October 1 of each year. Any payment received by the claimant or dependent of the claimant pursuant to this section is in addition to any compensation to which the claimant or dependent of the claimant is otherwise entitled by law.
(Added to NRS by 2005, 1316)
NRS 616C.455 Increase in benefits for permanent total disability incurred before April 9, 1971.
1. Any claimant or dependent of a claimant who resides in this State and receives compensation for a permanent total disability caused by an industrial injury or a disablement from an occupational disease which occurred before April 9, 1971, is entitled to a 65 percent increase in that compensation, without regard to any limitation on wages imposed by chapters 616A to 616D, inclusive, of NRS on the amount of that compensation.
2. The increase must be paid from the account for pensions for silicosis, diseases related to asbestos and other disabilities.
(Added to NRS by 1973, 538; A 1975, 823; 1979, 1520; 1981, 1226; 1985, 723; 1987, 589; 1991, 1802)—(Substituted in revision for NRS 616.626)
NRS 616C.460 Additional increase in benefits for permanent total disability incurred before July 1, 1973. Any claimant or dependent of a claimant who resides in this State and who receives compensation pursuant to chapters 616A to 616D, inclusive, of NRS for a permanent total disability for an injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in that compensation without regard to any limitation on wages imposed by those chapters on the amount of that compensation.
(Added to NRS by 1985, 1460)—(Substituted in revision for NRS 616.6261)
NRS 616C.465 Increase in benefits for permanent total disability incurred on or after April 9, 1971, or for claimant or dependent not entitled to benefits for disability from federal social security system.
1. Any claimant or dependent of a claimant who is receiving compensation pursuant to chapters 616A to 616D, inclusive, of NRS for a permanent total disability but is not entitled:
(a) To an increase in that compensation pursuant to NRS 616C.455; or
(b) To any disability income benefits from the federal social security system,
is entitled to an increase in that compensation by the same percentage as the increase in the state average monthly wage from the date of the claimant’s disabling accident or disease or from July 1, 1973, whichever is later, to July 1, 1980.
2. The increase provided by this section must not be paid for any period before July 1, 1981.
(Added to NRS by 1981, 1224)—(Substituted in revision for NRS 616.6262)
NRS 616C.470 Increase in benefits for permanent total disability if claimant is entitled to benefits for disability from federal social security system.
1. Any claimant who is not entitled to an increase pursuant to NRS 616C.465 and who receives less in disability benefits from the federal social security system and pursuant to chapters 616A to 616D, inclusive, of NRS, combined, than an amount equal to 80 percent of average current earnings established pursuant to section 224 of the Social Security Act, as amended (42 U.S.C. § 424
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