art of his body amputated; and (b) He cannot be fitted with a prosthetic device which allows him to operate a motor vehicle safely. 2. If an employee is entitled to receive a motor vehicle pursuant to subsection 1, a motor vehicle must be modified to allow the employee to operate it safely in the following order of preference: (a) A motor vehicle owned by the employee must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so. (b) A used motor vehicle must be so modified if the insurer or employer providing medical benefits determines that it is reasonably feasible to do so. (c) A new motor vehicle must be so modified. (Added to NRS by 1993, 761) NRS 617.390 Compensation for both injury and disease. 1. Compensation may be awarded for both injury and disease. 2. If an employee claims to be suffering from both an occupational disease and an injury, the insurer shall determine whether the disease or the injury or both, are related to the disability and shall order payment of compensation from the proper funds. 3. Compensation awarded for both injury and disease must not exceed the amount payable for the total percentage of disability. [30:44:1947; 1943 NCL § 2800.30]—(NRS A 1979, 1063; 1981, 850, 1504) NRS 617.392 Compensation for combination of injuries, illnesses and disabilities. A person described in this chapter may be determined to be totally disabled and eligible to receive compensation for disability as a result of a combination of injuries, illnesses and disabilities arising out of and in the course of his employment. (Added to NRS by 1981, 850) NRS 617.395 Compensation for mastectomy and reconstructive surgery. 1. If compensation is paid to an employee under this chapter for the surgical procedure known as a mastectomy, the employee is also entitled to receive commensurate compensation for at least two prosthetic devices and for reconstructive surgery incident to the mastectomy. Except as otherwise provided in subsection 2, this compensation is subject to the same requirements and conditions that apply to the compensation for the mastectomy. 2. If reconstructive surgery is begun within 3 years after a mastectomy, the amount of the compensation provided for that surgery must equal those amounts provided for at the time of the mastectomy. If the surgery is begun more than 3 years after the mastectomy, the compensation provided is subject to the requirements and conditions that apply at the time of the reconstructive surgery. 3. For the purposes of this section, “reconstructive surgery” means a surgical procedure performed following a mastectomy on one breast or both breasts to reestablish symmetry between the two breasts. The term includes, but is not limited to, augmentation mammoplasty, reduction mammoplasty and mastopexy. (Added to NRS by 1983, 617; A 1989, 1892) NRS 617.400 Compensation: Effect of false representation, willful misconduct and self-exposure. 1. No compensation may be awarded on account of disability or death from a disease suffered by an employee who, at the time of entering into the employment from which the disease is claimed to have resulted, knowingly and falsely represented himself as not having previously suffered from the disease. 2. No compensation is payable under this chapter when disability or death is wholly or in part caused by the willful misconduct or willful self-exposure of the employee. [29:44:1947; 1943 NCL § 2800.29]—(NRS A 1993, 767) NRS 617.401 Compensation from uninsured employers’ claim account: Administration and payment of claims; eligibility of employee; liability of employer; powers and duties of Division; appeals; penalty. 1. The Division shall designate one: (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or (b) Insurer, other than a self-insured employer or association of self-insured public or private employers, to administer claims against the Uninsured Employers’ Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator. 2. Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers’ Claim Account if: (a) He was hired in this State or he is regularly employed in this State; (b) He contracts an occupational disease that arose out of and in the course of employment: (1) In this State; or (2) While on temporary assignment outside the State for not more than 12 months; (c) He files a claim for compensation with the Division; and (d) He makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215. An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the State is not entitled to receive compensation from the Uninsured Employers’ Claim Account unless he has been denied workers’ compensation in the state in which the disease was contracted. 3. If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim. 4. For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee. 5. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division. 6. The Division: (a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action in a court of competent jurisdiction. (b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease. (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer. (d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer. 7. The Division shall: (a) Determine whether the employer was insured within 30 days after receiving the claim from the employee. (b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation. Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination. 8. Upon demonstration of the: (a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim, the Division shall authorize payment from the Uninsured Employers’ Claim Account. 9. Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to

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