this subsection. 10. Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS 616C.305 and 616C.315. 11. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities. 12. An uninsured employer is liable for the interest on any amount paid on his claims from the Uninsured Employers’ Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the Account until payment is received by the Division from the employer. 13. Attorney’s fees recoverable by the Division pursuant to this section must be: (a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney. (b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division. Any money collected must be deposited to the Uninsured Employers’ Claim Account. 14. In addition to any other liabilities provided for in this section, the Administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter. (Added to NRS by 1975, 599; A 1981, 1501; 1983, 456; 1991, 2430; 1993, 765, 1877; 1995, 579; 1997, 1447; 1999, 1732; 2001, 2740, 2771; 2003, 2311) NRS 617.402 Misrepresentation or concealment of fact to obtain benefits: Insurer entitled to reimbursement or deduction from benefits; appeal of determination; alternative remedies. 1. If an insurer determines that an employee has knowingly misrepresented or concealed a material fact to obtain any benefit or payment under the provisions of this chapter, the insurer may deduct from any benefits or payments due to the employee, the amount obtained by the employee because of the misrepresentation or concealment of a material fact. The employee shall reimburse the insurer for all benefits or payments received because of the knowing misrepresentation or concealment of a material fact. 2. An employee who is aggrieved by a determination of an insurer made pursuant to subsection 1 may appeal that determination pursuant to NRS 616C.315 to 616C.385, inclusive. If the final decision by an appeals officer is favorable to the employee, the Administrator shall order the insurer to pay $2,000 to that employee, in addition to any benefits or payments the employee is entitled to receive, if: (a) The final decision is favorable to the employee; and (b) The Administrator determines that the insurer had no reasonable basis for believing that the employee knowingly misrepresented or concealed a material fact to obtain any benefit or payment. 3. This section does not preclude an insurer from making an investigation pursuant to, or pursuing the remedies provided by, NRS 616D.300. (Added to NRS by 1989, 1993; A 1993, 768) NRS 617.405 Judicial review of contested claims. 1. No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless: (a) A claim is filed within the time limits prescribed in NRS 617.344; and (b) A final decision by an appeals officer has been rendered on the claim. 2. Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision. (Added to NRS by 1973, 1596; A 1977, 85; 1981, 1140; 1993, 768) COMPENSATION FOR DISABILITY AND DEATH NRS 617.410 Compensation paid by insurer. Compensation for disability sustained on account of occupational disease by an employee, or the dependents of an employee as defined in this chapter, must be paid by the insurer. [31:44:1947; 1943 NCL § 2800.31]—(NRS A 1979, 1063; 1993, 768; 1995, 2036) NRS 617.420 Minimum duration of incapacity; payment of medical benefits. No compensation may be paid under this chapter for disability which does not incapacitate the employee for at least 5 cumulative days within a 20-day period from earning full wages, but if the incapacity extends for 5 or more days within a 20-day period, the compensation must then be computed from the date of disability. The limitations in this section do not apply to medical benefits, which must be paid from the date of application for payment of medical benefits. [37:44:1947; 1943 NCL § 2800.37]—(NRS A 1959, 205; 1987, 923) NRS 617.430 Eligibility; limitations. 1. Every employee who is disabled or dies because of an occupational disease, as defined in this chapter, arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in chapters 616A to 616D, inclusive, of NRS, of an employee whose death is caused by an occupational disease, are entitled to the compensation provided by those chapters for temporary disability, permanent disability or death, as the facts may warrant, subject to the modifications mentioned in this chapter. 2. In cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person is entitled to such compensation unless for 90 days next preceding the contraction of the occupational disease the employee has been: (a) A resident of the State of Nevada; or (b) Employed by a self-insured employer, a member of an association of self-insured public or private employers, or an employer insured by a private carrier that provides coverage for occupational diseases. [25:44:1947; A 1951, 372]—(NRS A 1967, 692; 1979, 1063; 1995, 2036; 1999, 1804) NRS 617.440 Requirements for occupational disease to be deemed to arise out of and in course of employment. 1. An occupational disease defined in this chapter shall be deemed to arise out of and in the course of the employment if: (a) There is a direct causal connection between the conditions under which the work is performed and the occupational disease; (b) It can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment; (c) It can be fairly traced to the employment as the proximate cause; and (d) It does not come from a hazard to which workmen would have been equally exposed outside of the employment. 2. The disease must be incidental to the character of the business and not independent of the relation of the employer and employee. 3. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence. 4. In cases of disability resulting from radium poisoning or exposure to radioactive properties or substances, or to roentgen rays (X rays) or ionizing radiation, the poisoning or illness resulting in disability must have been contracted in the State of Nevada. [Part 26:44:1947; A 1949, 365; 1953, 297]—(NRS A 1961, 589; 1963, 874; 1967, 685; 1983, 458) NRS 617.445 Determination of date of disablement. In all cases under this chapter, the date of disablement is such date as the insurer determines on hearing of the employee’s claim. [Part 27:44:1947; 1943 NCL § 2800.27]—(NRS A 1971, 1131; 1981, 1503; 1991, 363)—(Subs

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