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d by the training employer to the injured employee pursuant to this section if:
(a) After the successful completion of the training, the training employer continues to employ the injured employee for at least 90 days in a position which requires the training so obtained; or
(b) The injured employee:
(1) Within 30 days after his successful completion of the training, obtains employment which requires the skills obtained by him as a direct result of the training provided by the training employer; and
(2) Retains that or similar employment for at least 6 months after the completion of the training.
(Added to NRS by 1993, 667; A 1993, 2449)—(Substituted in revision for NRS 616.51745)
NRS 616C.575 Payment of vocational rehabilitation maintenance.
1. The Division shall, by regulation, prescribe when:
(a) Vocational rehabilitation maintenance must be paid to an injured employee; and
(b) Vocational rehabilitation maintenance must cease to be paid to an injured employee.
An injured employee must not receive vocational rehabilitation maintenance after his program of vocational rehabilitation ends pursuant to NRS 616C.555.
2. As used in this section, “vocational rehabilitation maintenance” means the amount of compensation paid to an injured employee while he is participating in a program of vocational rehabilitation developed pursuant to NRS 616C.555.
(Added to NRS by 1993, 668)—(Substituted in revision for NRS 616.5175)
NRS 616C.580 Provision of services outside of State; limited lump-sum payment in lieu of services.
1. Except as otherwise provided in this section, vocational rehabilitation services must not be provided outside of this State.
2. An injured employee who:
(a) Resides outside of this State, within 50 miles from any border of this State, on the date of injury; or
(b) Was injured while temporarily employed in this State by an employer subject to the provisions of chapters 616A to 617, inclusive, of NRS who can demonstrate that, on the date of injury, his permanent residence was outside of this State,
may receive vocational rehabilitation services at a location within 50 miles from his residence if such services are available at such a location.
3. An injured employee who:
(a) Is eligible for vocational rehabilitation services pursuant to NRS 616C.590; and
(b) Resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection 2,
may execute a written agreement with the insurer which provides for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services pursuant to NRS 616C.595. The amount of the lump sum must not exceed $20,000.
4. An injured employee who resides outside of this State but does not qualify to receive vocational rehabilitation services outside of this State pursuant to subsection 2 may receive the vocational rehabilitation services to which he is entitled pursuant to NRS 616C.545 to 616C.575, inclusive, and 616C.590 if he relocates to:
(a) This State; or
(b) A location within 50 miles from any border of this State,
at his own expense, if such services are available at such a location.
5. An injured employee who resides in this State may receive vocational rehabilitation services outside of this State at a location within 50 miles from his residence if such services are available at such a location. An insurer may not unreasonably deny a request made by an injured employee pursuant to this subsection to receive vocational rehabilitation services outside of this State.
(Added to NRS by 1993, 668; A 1999, 1795; 2001, 1902; 2005, 209)
NRS 616C.585 Limit on goods and services which may be provided; exceptions.
1. Except as otherwise provided in subsection 2, vocational rehabilitation services ordered by an insurer, a hearing officer or an appeals officer must not include the following goods and services:
(a) A motor vehicle.
(b) Repairs to an injured employee’s motor vehicle.
(c) Tools and equipment normally provided to the injured employee by his employer during the course of his employment.
(d) Care for the injured employee’s children.
2. An injured employee is entitled to receive the goods and services set forth in subsection 1 only if his insurer determines that such goods and services are reasonably necessary.
3. Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if:
(a) The priorities set forth in NRS 616C.530 for returning an injured employee to work are followed;
(b) The education is recommended by a plan for a program of vocational rehabilitation developed pursuant to NRS 616C.555; and
(c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer.
(Added to NRS by 1993, 668; A 1997, 1441)
NRS 616C.590 Eligibility for services; effect of incarceration; effect of refusing services offered by insurer; effect of inability of insurer to locate injured employee.
1. Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless:
(a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that he held at the time of his injury;
(b) The injured employee’s employer does not offer employment that:
(1) The employee is eligible for considering the restrictions imposed pursuant to paragraph (a);
(2) Provides a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his injury; and
(3) Has the same employment benefits as the position of the employee at the time of his injury; and
(c) The injured employee is unable to return to gainful employment with any other employer at a gross wage that is equal to or greater than 80 percent of the gross wage that the employee was earning at the time of his injury.
2. If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:
(a) The medically objective findings upon which his determination is based; and
(b) A detailed description of the restrictions.
The treating physician or chiropractor shall deliver a copy of the findings and the description of the restrictions to the insurer.
3. If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.
4. Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.
5. An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.
6. An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.
7. Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.
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