report must include: (a) The information submitted to the Administrator by an insurer pursuant to this section during the immediately preceding year; and (b) Any other information concerning those claims required by the Administrator. (Added to NRS by 2001, 828) DETERMINATION AND PAYMENT OF BENEFITS NRS 617.358 Compensation prohibited unless preponderance of evidence establishes that disease arose out of and in course of employment; rebuttable presumption if notice of disease is filed after termination of employment. 1. An employee or his dependents are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or his dependents establish by a preponderance of the evidence that the employee’s occupational disease arose out of and in the course of his employment. 2. If the employee files a notice of an occupational disease pursuant to NRS 617.342 after his employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his employment. (Added to NRS by 1993, 764) NRS 617.362 Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer. 1. An insurer shall not provide compensation to or for an employee or his dependents before the compensation is required to be paid pursuant to the provisions of this chapter. 2. If, within 30 days after a payment is made to an injured employee pursuant to the provisions of this chapter, the insurer determines that it has overpaid the employee as a result of a clerical error in its calculation of the amount of payment or as a result of using improper or incorrect information to determine the employee’s eligibility for compensation or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the employee is entitled, other than medical benefits, if: (a) The insurer notifies the employee in writing of its determination; (b) The insurer informs the employee of his right to contest the deduction; and (c) The employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that an overpayment was made. 3. Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the employee. (Added to NRS by 1993, 761) NRS 617.364 Newly developed injury or disease: Inclusion in original claim for compensation; limitation. If, after a claim for compensation is filed pursuant to NRS 617.344: 1. The employee seeks treatment from a physician or chiropractor for a newly developed injury or disease; and 2. The employee’s medical records for the occupational disease reported do not include a reference to the injury or disease for which treatment is being sought, the injury or disease for which treatment is being sought must not be considered part of the employee’s original claim for compensation unless the physician or chiropractor establishes by medical evidence a causal relationship between the injury and disease for which treatment is being sought and the occupational disease reported pursuant to NRS 617.344. (Added to NRS by 1993, 761) NRS 617.366 Employment-related aggravation of preexisting condition which is not employment related; aggravation of employment-related occupational disease by incident which is not employment related. 1. The resulting condition of an employee who: (a) Has a preexisting condition from a cause or origin that did not arise out of and in the course of his current or past employment; and (b) Subsequently contracts an occupational disease which aggravates, precipitates or accelerates his preexisting condition, shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition. 2. The resulting condition of an employee who: (a) Contracts an occupational disease; and (b) Subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his employment, shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS, unless the insurer can prove by a preponderance of the evidence that the occupational disease is not a substantial contributing cause of the resulting condition. (Added to NRS by 1993, 762; A 1995, 2162; 1999, 1804) NRS 617.370 Medical examination; refusal to submit; testimony of physician. 1. Any employee who is entitled to receive compensation under this chapter shall, if: (a) Requested by the insurer; or (b) Ordered by an appeals officer, or a hearing officer, submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the Division. 2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination. 3. The request or order for an examination must fix a time and place therefor, due regard being had to the nature of the medical examination, the convenience of the employee, his physical condition and ability to attend at the time and place fixed. 4. The employee is entitled to have a physician, provided and paid for by him, present at any such examination. 5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension. 6. Any physician who makes or is present at any such examination may be required to testify as to the result thereof. [36:44:1947; 1943 NCL § 2800.36]—(NRS A 1975, 764; 1977, 316; 1981, 1172, 1504; 1983, 457; 1993, 767, 1879; 1995, 579) NRS 617.380 Autopsy: Order by insurer; findings of physician. 1. On the filing of a claim for compensation for death from an occupational disease where in the opinion of the insurer it is necessary to ascertain accurately and scientifically the cause of death, an autopsy may be ordered by the insurer. The autopsy must be made by a person designated by the insurer. 2. The person requesting an autopsy must pay the charge of the physician making it. 3. Any person interested may designate a duly licensed physician to attend the autopsy. 4. The findings of the physician performing the autopsy must be filed with the insurer and is a public record. 5. All proceedings for compensation must be suspended upon refusal of a claimant or claimants to permit an autopsy when so ordered. 6. When an autopsy has been performed pursuant to an order of the insurer, no cause of action may lie against any person for participating in or requesting such autopsy. [38:44:1947; 1943 NCL § 2800.38]—(NRS A 1981, 1173, 1504) NRS 617.385 Limitation on receipt of modified motor vehicle as medical benefit. 1. An employee is entitled to receive as a medical benefit a motor vehicle that is modified to allow the employee to operate the vehicle safely if: (a) As a result of an occupational disease arising out of and in the course of his employment, he is quadriplegic, paraplegic or has had a p

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