of the injury causing his death, his proportionate share of 66 2/3 percent of the average monthly wage. 7. The aggregate compensation payable pursuant to subsection 6 must not exceed 66 2/3 percent of the average monthly wage. 8. In all other cases involving a question of total or partial dependency: (a) The extent of the dependency must be determined in accordance with the facts existing at the time of the injury. (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid must be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to the partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death. (c) The duration of compensation to partial dependents must be fixed in accordance with the facts shown, but may not exceed compensation for 100 months. 9. Compensation payable to a surviving spouse is for the use and benefit of the surviving spouse and the dependent children, and the insurer may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents. 10. In the event of the death of any dependent specified in this section before the expiration of the time during which compensation is payable to him, funeral expenses are payable in an amount not to exceed $5,000. 11. If a dependent is entitled to receive a death benefit pursuant to this section and is less than 18 years of age or incompetent, the legal representative of the dependent shall petition for a guardian to be appointed for that dependent pursuant to NRS 159.044. An insurer shall not pay any compensation in excess of $3,000, other than burial expenses, to the dependent until a guardian is appointed and legally qualified. Upon receipt of a certified letter of guardianship, the insurer shall make all payments required by this section to the guardian of the dependent until the dependent is emancipated, the guardianship terminates or the dependent reaches the age of 18 years, whichever occurs first, unless paragraph (a) of subsection 12 is applicable. The fees and costs related to the guardianship must be paid from the estate of the dependent. A guardianship established pursuant to this subsection must be administered in accordance with chapter 159 of NRS, except that after the first annual review required pursuant to NRS 159.176, a court may elect not to review the guardianship annually. The court shall review the guardianship at least once every 3 years. As used in this subsection, “incompetent” has the meaning ascribed to it in NRS 159.019. 12. Except as otherwise provided in paragraphs (a) and (b), the entitlement of any child to receive his proportionate share of compensation pursuant to this section ceases when he dies, marries or reaches the age of 18 years. A child is entitled to continue to receive compensation pursuant to this section if he is: (a) Over 18 years of age and incapable of supporting himself, until such time as he becomes capable of supporting himself; or (b) Over 18 years of age and enrolled as a full-time student in an accredited vocational or educational institution, until he reaches the age of 22 years. 13. As used in this section, “surviving spouse” means a surviving husband or wife who was married to the employee at the time of the employee’s death. [Part 59:168:1947; A 1949, 659; 1951, 485; 1953, 292; 1955, 901]—(NRS A 1957, 732; 1959, 614; 1963, 1144; 1965, 264; 1966, 46; 1967, 686; 1969, 476; 1973, 533; 1975, 600; 1979, 764, 1059; 1981, 1495; 1989, 333; 1991, 804; 1993, 751; 1999, 1224) NRS 616C.510 Increased death benefits if injury or disablement occurred before July 1, 1973. 1. Any widow, widower, surviving child or surviving dependent parent who resides in this State and who receives death benefits on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 65 percent increase in those benefits without regard to any limitation on wages imposed by chapters 616A to 616D, inclusive, of NRS on the amount of those benefits. 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, 1227; 1985, 723; 1987, 589; 1991, 1802)—(Substituted in revision for NRS 616.628) NRS 616C.515 Additional increase in death benefits if injury or disablement occurred before July 1, 1973. Any widow, widower, surviving child or surviving dependent parent who resides in this State and who receives death benefits pursuant to chapters 616A to 616D, inclusive, of NRS on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in those benefits without regard to any limitation on wages imposed by those chapters on the amount of those benefits. (Added to NRS by 1985, 1460)—(Substituted in revision for NRS 616.6281) NRS 616C.520 Increased death benefits if injury or disablement occurred on or after July 1, 1973. 1. Any widow, widower, surviving child or surviving dependent parent who is receiving death benefits pursuant to chapters 616A to 616D, inclusive, of NRS, but is not entitled to an increase in those death benefits pursuant to NRS 616C.510, is entitled to an increase in those death benefits by the same percentage as the increase in the state average monthly wage from the date of the fatal accident or death caused by occupational 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 616.6282) VOCATIONAL REHABILITATION NRS 616C.530 Priorities for returning injured employee to work. An insurer shall adhere to the following priorities in returning an injured employee to work: 1. Return the injured employee to the job he had before his injury. 2. Return the injured employee to a job with the employer he worked for before his accident that accommodates any limitation imposed by his injury. 3. Return the injured employee to employment with another employer in a job that uses his existing skills. 4. Provide training for the injured employee while he is working in another vocation. 5. Provide formal training or education for the injured employee in another vocation. (Added to NRS by 1991, 2396)—(Substituted in revision for NRS 616.378) NRS 616C.540 Supervision, ratio and review of uncertified counselors; knowledge of labor market required. An insurer, or a private person or public agency providing vocational rehabilitation services to an insurer, shall: 1. Ensure that the work of a vocational rehabilitation counselor who is not certified is supervised and reviewed by a certified vocational rehabilitation counselor. 2. Employ at least one certified vocational rehabilitation counselor for every four vocational rehabilitation counselors that it employs who are not certified. 3. Employ vocational rehabilitation counselors who have knowledge of the labor market within the geographical area where the injured employee resides. (Added to NRS by 1993, 664; A 1993, 797; 2005, 810) NRS 616C.542 Prohibiting vocational rehabilitation counselor employed by entity administering injured employee’s case from providing services to injured employee without provision of certain written disclosures; right of injured employee to be assigned alternate counselor. 1. If the employer of a vocational rehabilitation counselor is also the entity admin

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