Title 53

NRS 616A.240 “Foot” defined. “Foot” shall be considered as that portion below the junction of the middle and lower thirds of the leg. [Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision for NRS 616.095)

NRS 616A.245 “Hand” defined. “Hand” shall be considered as that portion below the junction of the middle and lower thirds of the forearm. [Part 62:168:1947; A 1949, 659; 1953, 292]—(Substituted in revision for NRS 616.100)

NRS 616A.250 “Incarcerated” defined. “Incarcerated” means confined in: 1. Any local detention facility, county jail, state prison, reformatory or other correctional facility as a result of a conviction or a plea of guilty, guilty but mentally ill or nolo contendere in a criminal …

NRS 616A.255 “Independent contractor” defined. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s work only and not as to the means by which …

NRS 616A.257 “Independent review organization” defined. “Independent review organization” means an organization which has been issued a certificate pursuant to NRS 616A.469 that authorizes the organization to conduct external reviews for the purposes of chapters 616A to 617, incl…

NRS 616A.260 “Industrial insurance” defined. “Industrial insurance” means insurance which provides the compensation required by chapters 616A to 617, inclusive, of NRS and employer’s liability insurance incidental to and provided in connection with that insurance. (Added to NRS b…

NRS 616A.265 “Injury” and “personal injury” defined. 1. “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Except as…

NRS 616A.270 “Insurer” defined. “Insurer” includes: 1. A self-insured employer; 2. An association of self-insured public employers; 3. An association of self-insured private employers; and 4. A private carrier. (Added to NRS by 1981, 1449; A 1993, 694; 1995, 2009; 1999, 1760)

NRS 616A.273 “Medical facility” defined. “Medical facility” means a hospital, clinic or other facility that provides treatment to an employee who: 1. Is injured by an accident; or 2. Contracts an occupational disease, Ê arising out of and in the course of his or her employment. (…

NRS 616A.280 “Organization for managed care” defined. “Organization for managed care” means any person who: 1. Provides or arranges for the provision of medical and health care services; 2. Establishes objectives, standards and protocols for such services; 3. Organizes providers …

NRS 616A.282 “Owner-controlled insurance program” defined. “Owner-controlled insurance program” means a consolidated insurance program that is established and administered by the owner of the construction project. (Added to NRS by 1999, 3139)

NRS 616A.283 “Police officer” defined. “Police officer” has the meaning ascribed to it in NRS 617.135. (Added to NRS by 1999, 2445)

NRS 616A.284 “Policy year” defined. “Policy year” means the 12-month period during which a policy of industrial insurance is effective. (Added to NRS by 2001, 2447)

NRS 616A.285 “Principal contractor” defined. “Principal contractor” means a person who: 1. Coordinates all the work on an entire project; 2. Contracts to complete an entire project; 3. Contracts for the services of any subcontractor or independent contractor; or 4. Is responsible…

NRS 616A.290 “Private carrier” defined. “Private carrier” means any insurer or the legal representative of an insurer authorized to provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS. The term does not include a self-insured employer or an associatio…

NRS 616A.295 “Private employer” defined. “Private employer” means any person, other than a public employer, who has in service any person under a contract of hire who is not excluded from the term “employee” pursuant to NRS 616A.110. (Added to NRS by 1993, 660)—(Substituted in re…

NRS 616A.300 “Public employer” defined. “Public employer” means the State and a county, city, school district and public or quasi-public corporation within this State. (Added to NRS by 1993, 660)—(Substituted in revision for NRS 616.1117)

NRS 616A.305 “Self-insured employer” defined. “Self-insured employer” means any employer who possesses a certification from the Commissioner of Insurance that the employer has the capability to assume the responsibility for the payment of compensation pursuant to chapters 616A to…

NRS 616A.310 “Sole proprietor” defined. “Sole proprietor” means a self-employed owner of an unincorporated business and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a domiciliary of Nevada. (Added to…

NRS 616A.315 “Solicitor” defined. “Solicitor” means a person who: 1. Forms or proposes to form; or 2. Proposes to secure funds for forming or financing or recruiting members for, Ê an association of public or private self-insured employers. (Added to NRS by 1995, 1974)

NRS 616A.317 “State Industrial Insurance System” defined. “State Industrial Insurance System” means that entity established by section 79 of chapter 642, Statutes of Nevada 1981, at page 1449. (Added to NRS by 1999, 1758)

NRS 616A.320 “Subcontractors” defined. “Subcontractors” shall include independent contractors. [21:168:1947; 1943 NCL § 2680.21]—(Substituted in revision for NRS 616.115)

NRS 616A.330 “Tangible net worth” defined. “Tangible net worth” means the value of all the assets, minus the value of all the liabilities, of a self-insured employer or an association of self-insured private employers except: 1. Goodwill or excess cost over the fair market value …

NRS 616A.335 “Third-party administrator” defined. “Third-party administrator” means a person who is hired by an insurer to provide administrative services for the insurer and manage claims. The term does not include an insurance company. (Added to NRS by 1991, 2390)—(Substituted …

NRS 616A.340 “Total disability” defined. “Total disability” means incapacity resulting from an accident arising out of and in the course of employment which prevents the covered worker from engaging, for remuneration or profit, in any occupation for which the worker is or becomes…

NRS 616A.345 “Trade association” defined. “Trade association” means an association of firms concerned with: 1. A single product or service; 2. A number of closely related products or services; or 3. Contractors, manufacturers, distributors or retailers of a product or service or …

NRS 616A.350 “Trade, business, profession or occupation of his or her employer” defined. “Trade, business, profession or occupation of his or her employer” includes all services tending toward the preservation, maintenance or operation of the business, business premises, or busin…

NRS 616A.355 “Utilization review” defined. “Utilization review” has the meaning ascribed to it in NRS 683A.376. (Added to NRS by 1993, 660)—(Substituted in revision for NRS 616.122)

NRS 616A.360 “Vocational rehabilitation services” defined. “Vocational rehabilitation services” means any goods or services necessary to prepare an individual with a disability to engage in competitive integrated employment, as defined in 29 U.S.C. § 705, or to determine the reha…

NRS 616A.400 Duties of Administrator: Regulations. The Administrator shall: 1. Prescribe by regulation the time within which adjudications and awards must be made. 2. Regulate forms of notices, claims and other blank forms deemed proper and advisable. 3. Prescribe by regulation t…

NRS 616A.401 Duties of Administrator: Adoption of regulations concerning determination of categories of injuries to be deemed catastrophic injuries. The Administrator shall adopt regulations for the determination of categories of injury, other than those described in NRS 616A.077…

NRS 616A.402 Duties of Administrator: Program concerning rights and responsibilities of employers and employees. 1. The Administrator shall make available a program, using a videotape cassette or other means of presentation, concerning the rights and responsibilities of employers…

NRS 616A.403 Duties of Administrator: Preparation of annual report of enforcement of Nevada Industrial Insurance Act and Nevada Occupational Diseases Act. 1. The Administrator shall prepare an annual report concerning the enforcement of the provisions of chapters 616A to 617, inc…

NRS 616A.404 Duties of Administrator: Provision of information for Office for Consumer Health Assistance. The Administrator shall include on any notice or form that is provided to injured employees and is on the Internet website of the Division, contact information for the Office…

NRS 616A.405 Powers of Administrator: Adoption of regulations concerning affidavit required of businesses by local governments to affirm compliance with chapters 616A to 616D, inclusive, of NRS. The Administrator may adopt regulations relating to NRS 244.33505 and 268.0955, inclu…

NRS 616A.410 Administrator to prosecute and defend actions; extraordinary writs; verifications; undertakings. 1. The Administrator may prosecute, defend and maintain actions in the name of the Administrator for the enforcement of the provisions of chapters 616A to 616D, inclusive…

NRS 616A.417 Filing or delivering documentation by electronic transmission; regulations by Administrator. 1. Except as otherwise provided in chapters 616A to 617, inclusive, of NRS, a form, notice, claim, bill or other document required to be filed, mailed or delivered pursuant t…

NRS 616A.420 Agreements or compacts with other states; insurance coverage against double liability of employers. 1. The Administrator may enter into agreements or compacts with appropriate agencies, bureaus, boards or commissions of other states concerning matters of mutual inter…

NRS 616A.425 Fund for Workers’ Compensation and Safety. 1. There is hereby established in the State Treasury the Fund for Workers’ Compensation and Safety as an enterprise fund. All money received from assessments levied on insurers and employers by the Administrator pursuant to …

NRS 616A.430 Uninsured Employers’ Claim Account. 1. There is hereby established in the State Treasury the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety, which may be used only for the purpose of making payments in accordance with the provisio…

NRS 616A.435 Office created; appointment; term; qualifications; duties limited. 1. The Office of the Nevada Attorney for Injured Workers is hereby created within the Department of Business and Industry. The Governor shall appoint the Nevada Attorney for Injured Workers for a term…

NRS 616A.440 Employment of Deputy and staff; qualifications of Deputy. 1. The Nevada Attorney for Injured Workers may employ: (a) A Deputy Nevada Attorney for Injured Workers who is in the unclassified service of the State. (b) Clerical and other necessary staff who are in the cl…

NRS 616A.445 Offices; budget. 1. The Nevada Attorney for Injured Workers shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada. 2. The Nevada Attorney for Injured Workers shall prepare and submit a budget for the maintenance and operation of…

NRS 616A.450 Request for appointment; consideration of and action upon request; representation upon appointment. 1. Any claimant may request the appointment of the Nevada Attorney for Injured Workers to represent him or her. The request must be made in writing. 2. The appeals off…

NRS 616A.455 Powers and duties. 1. Except as otherwise provided in subsection 3, the Nevada Attorney for Injured Workers shall, when appointed by an appeals officer or the Administrator, represent without charge a claimant before the appeals officer, Administrator, district court…

NRS 616A.460 Employment of private counsel by claimant; reimbursement of Division; report to Governor. 1. The provisions of NRS 616A.435 to 616A.460, inclusive, do not prevent any claimant from engaging private counsel at any time, but the employment of private counsel relieves t…