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Nevada Injury Law

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a), is entitled to an increase in his compensation for a permanent total disability of: (a) The increase provided pursuant to NRS 616C.465; or (b) The difference between the amount of benefits he is receiving and 80 percent of the average current earnings, whichever is less. 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 616.6264) NRS 616C.473 Annual increase in benefits for permanent total disability incurred on or after January 1, 2004. 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 caused by an industrial injury or a disablement from an occupational disease that occurs on or after January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this section: (a) On January 1 of the year immediately after the year in which the claimant or dependent becomes entitled to receive that compensation; and (b) On January 1 of each successive year after the year specified in paragraph (a) in which the claimant or dependent is entitled to receive that compensation. 2. Any increase in compensation provided pursuant to this section is in addition to any increase in compensation to which a claimant or a dependent of a claimant is otherwise entitled by law. (Added to NRS by 2003, 490) Temporary Total Disability NRS 616C.475 Amount and duration of compensation; limitations; requirements for certification of disability; offer of light-duty employment. 1. Except as otherwise provided in this section, NRS 616C.175 and 616C.390, 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, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage. 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 temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor. 3. If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter. 4. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive. 5. Payments for a temporary total disability must cease when: (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience; (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated. 6. Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability. 7. A certification of disability issued by a physician or chiropractor must: (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee; (b) Specify whether the limitations or restrictions are permanent or temporary; and (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection 3 of NRS 616C.090. 8. If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify a position that: (a) Is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment and the hours he is required to work; (b) Provides a gross wage that is: (1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury; and (c) Has the same employment benefits as the position of the employee at the time of his injury. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1957, 72; 1959, 201; 1963, 837; 1965, 226; 1966, 43; 1969, 472; 1971, 322; 1973, 531; 1975, 253; 1983, 1295; 1985, 1548; 1991, 2422; 1993, 747, 1870, 2442; 1995, 579, 2155; 1997, 3348; 1999, 1789, 1790; 2001, 1897; 2003, 1673) NRS 616C.477 Compensation for lost wages incurred by employee who receives medical treatment after returning to work; prohibition against employer requiring employee to use personal leave for such treatment. 1. Except as otherwise provided in subsection 2, in addition to any other benefits an injured employee is entitled to receive pursuant to chapters 616A to 617, inclusive, of NRS, an injured employee who, as a result of his injury, qualified for benefits for a temporary total disability pursuant to NRS 616C.475 and who receives medical treatment for his injury after he returns to work is entitled to compensation pursuant to this subsection for each hour he is absent from the place of employment of the responsible employer to receive such medical treatment if he is required to travel more than 50 miles one way from the place of employment to receive such medical treatment. An injured employee must be paid compensation pursuant to this subsection at a rate equal to the compensation paid pursuant to NRS 616C.475 for a temporary total disability. Such compensation must be calculated based on increments of 4 hours or 8 hours. 2. The provisions of subsection 1 do not apply to an injured employee who is paid his regular hourly rate of pay by his employer for each hour he is absent from the place of employment to receive such medical treatment. 3. An employer may not require an injured employee to use sick leave, annual leave, compensatory leave or any other personal leave for his absence from the place of employment to receive medical treatment for his injury after he returns to work. The provisions of this subsection apply whether the injured employee is being paid compensation pursuant to subsection 1 or his regular hourly rate of pay pursuant to subsection 2. 4. The Administrator shall adopt regulations to carry out the provisions of t

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