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Nevada Injury Law

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Vegas Law

his section, including, without limitation, regulations which establish: (a) The documentation which an injured employee or employer is required to submit for the payment of compensation to the injured employee pursuant to subsection 1; (b) The method for determining the amount of compensation to be paid to the injured employee pursuant to subsection 1; and (c) A definition of “place of employment” as that term is used in this section. (Added to NRS by 2005, 99) NRS 616C.480 Reduction of benefits for previous injury causing permanent partial disability prohibited. If an employee who has received compensation in a lump sum for a permanent partial disability is subsequently injured by an accident arising out of and in the course of his employment and is thereby entitled to receive compensation for a temporary total disability, the compensation for the subsequent injury may not be reduced because of the receipt of the lump-sum payment if the subsequent injury is distinct from the previous injury. (Added to NRS by 1983, 647)—(Substituted in revision for NRS 616.587) Permanent and Temporary Partial Disabilities NRS 616C.485 Permanent partial disability: Loss of or permanent damage to teeth. The Administrator shall adopt, by regulation, a schedule which, in his judgment, is best calculated to compensate fairly and adequately an injured employee for the loss of, or permanent damage to, a tooth. The Administrator shall review the schedule at least once every 2 years to ensure the fairness and adequateness of the schedule. [Part 64:168:1947; A 1951, 485]—(NRS A 1989, 333)—(Substituted in revision for NRS 616.595) NRS 616C.490 Permanent partial disability: Compensation. 1. Except as otherwise provided in 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 an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, “disability” and “impairment of the whole man” are equivalent terms. 2. Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability. Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor: (a) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110. (b) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer. 3. If an insurer contacts the treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee. 4. At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of: (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section. The notice must be on a form approved by the Administrator and provided to the injured employee by the insurer at the time of the insurer’s request. 5. Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability. 6. The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee: (a) Of the compensation to which he is entitled pursuant to this section; or (b) That he is not entitled to benefits for permanent partial disability. 7. Each 1 percent of impairment of the whole man must be compensated by a monthly payment: (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981; (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993; (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later. 8. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month. 9. Where 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. 10. The Division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section. 11. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973. 12. This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal. [63:168:1947; A 1949, 659; 1953, 292]—(NRS A 1959, 204; 1966, 46; 1967, 691; 1969, 475; 1971, 326; 1973, 531; 1975, 605; 1977, 1006; 1979, 1057; 1981, 1170, 1493, 1653; 1983, 428, 1295; 1985, 308, 374; 1987, 78; 1991, 493, 2423, 2424; 1993, 748, 1871; 1995, 579, 2156; 1999, 1791; 2001, 1898) NRS 616C.495 Permanent partial disability: Payments in lump sum. 1. Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions: (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect t

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