t of employers insured by a private carrier must be handled in the manner provided in this chapter, and the employer and the private carrier are subject to the regulations of the Division with respect thereto. (Added to NRS by 1995, 2034) NRS 617.346 Recovery of compensation barred if notice of occupational disease or claim for compensation is not filed; exceptions. 1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, his dependent, is barred from recovering compensation pursuant to the provisions of this chapter if he fails to file a notice of an occupational disease pursuant to NRS 617.342 or a claim for compensation pursuant to NRS 617.344. 2. An insurer may excuse the failure to file a notice of an occupational disease or claim for compensation pursuant to the provisions of this section if: (a) The employee’s disease or another cause beyond his control prevented him from providing the notice or the claim; (b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law; (c) The failure was caused by the physical or mental inability of the employee or the dependent; or (d) The failure was caused by fraud, misrepresentation or deceit. (Added to NRS by 1993, 763) NRS 617.348 Dependent of employee barred from filing claim for compensation if untimely or previously denied. A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if: 1. The time for filing the claim has expired pursuant to NRS 617.346; or 2. The employee or another dependent filed a claim for compensation for that occupational disease, the claim was denied and the denial has become final pursuant to the regulations adopted pursuant to NRS 617.165 or in an action for judicial review filed pursuant to NRS 617.405. (Added to NRS by 1993, 762) NRS 617.352 Claim for compensation: Duty of treating physician or chiropractor to file or delegate duty to medical facility; electronic filing; form and contents; maintenance of forms; penalty. 1. Except as otherwise provided in this section, a treating physician or chiropractor shall, within 3 working days after first providing treatment to an employee who has incurred an occupational disease, complete and file a claim for compensation with the employer of the employee and the employer’s insurer. If the employer is a self-insured employer, the treating physician or chiropractor shall file the claim for compensation with the employer’s third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, the physician or chiropractor shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request. 2. A physician or chiropractor who has a duty to file a claim for compensation pursuant to subsection 1 may delegate the duty to a medical facility. If the physician or chiropractor delegates the duty to a medical facility: (a) The medical facility must comply with the filing requirements set forth in this section; and (b) The delegation must be in writing and signed by: (1) The physician or chiropractor; and (2) An authorized representative of the medical facility. 3. A claim for compensation required by subsection 1 must be filed on a form prescribed by the Administrator. 4. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the employee’s ability to work. 5. Each physician, chiropractor and medical facility that treats employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the Division shall maintain at their offices a sufficient supply of the forms prescribed by the Administrator for filing a claim for compensation. 6. The Administrator may impose an administrative fine of not more than $1,000 for each violation of subsection 1 on: (a) A physician or chiropractor; or (b) A medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to this section. (Added to NRS by 1993, 764; A 1995, 649; 1997, 1446; 2003, 2309) NRS 617.354 Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty. 1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, an employer shall complete and file with his insurer or third-party administrator an employer’s report of industrial injury or occupational disease. 2. The report must: (a) Be filed on a form prescribed by the Administrator; (b) Be signed by the employer or his designee; (c) Contain specific answers to all questions required by the regulations of the Administrator; and (d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 617.352, indicates that the employee is expected to be off work for 5 days or more. 3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request. 4. The Administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section. (Added to NRS by 1993, 764; A 1997, 1447; 1999, 3147; 2003, 2310) NRS 617.356 Duty of insurer to accept or deny responsibility upon receipt of both claims for compensation. An insurer shall accept or deny responsibility for compensation under this chapter within 30 working days after claims for compensation are received pursuant to both NRS 617.344 and 617.352. (Added to NRS by 1993, 764) NRS 617.357 Claims regarding diseases of heart or lungs, infectious diseases or cancer: Reports by insurers to Administrator; public reports by Administrator. 1. Each insurer shall submit to the Administrator a written report concerning each claim for compensation that is filed with the insurer for an occupational disease of the heart or lungs or any occupational disease that is infectious or relates to cancer. The written report must be submitted to the Administrator within 30 days after the insurer accepts or denies the claim pursuant to NRS 617.356 and must include: (a) A statement specifying the nature of the claim; (b) A statement indicating whether the insurer accepted or denied the claim and the reasons for the acceptance or denial; (c) A statement indicating the estimated medical costs for the claim; and (d) Any other information required by the Administrator. 2. If a claim specified in subsection 1 is appealed or affirmed, modified or reversed on appeal, or is closed or reopened, the insurer shall notify the Administrator of that fact in writing within 30 days after the claim is appealed, affirmed, modified, reversed, closed or reopened. 3. On or before February 1 of each year, the Administrator shall prepare and make available to the general public a written report concerning claims specified in subsection 1. The written

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