A.B. 200
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ASSEMBLY BILL NO. 200–ASSEMBLYMEMBER KARRIS
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to industrial insurance.
(BDR 53-862)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to industrial insurance; establishing certain
methods which must be used by the Administrator of the
Division of Industrial Relations of the Department of
Business and Industry to calculate an average monthly
prevailing wage; revising provisions to provide for the
recalculation of the average monthly prevailing wage of
an injured construction worker; requiring the
compensation of a construction worker who is injured or
disabled or who dies to be based on the greater of the
worker’s average monthly wage or average monthly
prevailing wage; revising provisions governing the
payment in a lump sum for a construction worker with a
permanent partial disability; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the Nevada Industrial Insurance Act and the Nevada 1
Occupational Diseases Act, which provide for the payment of compensation to 2
employees who are injured or disabled or who die as a result of an occupational 3
injury or occupational disease. (Chapters 616A-616D and 617 of NRS) 4
Existing law provides that compensation for permanent total disability, 5
temporary total disability, permanent partial disability and death is based on a 6
calculation of the average monthly wage of the injured employee. (NRS 616C.440, 7
616C.475, 616C.490, 616C.505) The Administrator of the Division of Industrial 8
Relations of the Department of Business and Industry is required to provide by 9
regulation for a method of determining average monthly wage, to include, if 10
possible, historical wages earned by the injured employee. (NRS 616C.420) 11
Sections 7-9 and 11 of this bill instead require that, in the case of an injured 12
employee who is a construction worker, compensation be based on the greater of 13
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the employee’s average monthly wage or average monthly prevailing wage. 14
Section 5 of this bill requires the Administrator to provide by regulation for a 15
method of determining average monthly prevailing wage based, if possible, on the 16
historical number of hours worked as a construction worker by an injured 17
construction worker who is a skilled mechanic, skilled worker, semiskilled 18
mechanic, semiskilled worker or unskilled worker and the prevailing wage that is 19
applicable to public works for the region and trade in which the construction 20
worker was employed on the date of the accident or injury, regardless of whether 21
the construction worker was actually employed on a public work. 22
Existing law provides for the recalculation of the average monthly wage of an 23
injured employee under certain circumstances. (NRS 616C.427) Section 6 of this 24
bill provides for the recalculation of the average monthly prevailing wage under 25
those same circumstances. 26
Existing law: (1) provides that a claimant under the Nevada Industrial 27
Insurance Act may elect to receive payment for a permanent partial disability in a 28
lump sum under certain circumstances; and (2) with certain exceptions, provides 29
that the total lump-sum payment must not be less than one-half the product of the 30
average monthly wage multiplied by the percentage of disability. (NRS 616C.495) 31
Section 10 of this bill provides that, in the case of an injured construction worker, 32
the total lump-sum payment must not be less than one-half the product of the 33
greater of the average monthly wage or average monthly prevailing wage 34
multiplied by the percentage of disability. 35
Sections 2 and 3 of this bill define the terms “average monthly prevailing 36
wage” and “construction worker” for the purposes of the Nevada Industrial 37
Insurance Act. Section 4 of this bill makes a conforming change to indicate the 38
applicability of the definitions in sections 2 and 3. 39
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. “Average monthly prevailing wage” means the 3
prevailing wage as determined in the manner provided in NRS 4
338.030, that is applicable to the region and trade in which a 5
construction worker who is a skilled mechanic, skilled worker, 6
semiskilled mechanic, semiskilled worker or unskilled worker was 7
employed on the date of the accident or injury to that construction 8
worker for an average number of hours in a month worked by that 9
construction worker, as determined pursuant to the method 10
established pursuant to section 5 of this act. 11
Sec. 3. “Construction worker” has the meaning ascribed to it 12
in NRS 618.957. 13
Sec. 4. NRS 616A.025 is hereby amended to read as follows: 14
616A.025 As used in chapters 616A to 616D, inclusive, of 15
NRS, unless the context otherwise requires, the words and terms 16
defined in NRS 616A.030 to 616A.360, inclusive, and sections 2 17
and 3 of this act have the meanings ascribed to them in those 18
sections. 19
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Sec. 5. Chapter 616C of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Administrator shall provide by regulation for a method 3
of determining average monthly prevailing wage. 4
2. The method established pursuant to subsection 1 must 5
provide that: 6
(a) The hourly rate applied to the average number of hours 7
worked as a construction worker in a month by an injured 8
construction worker who is a skilled mechanic, skilled worker, 9
semiskilled mechanic, semiskilled worker or unskilled worker 10
must be the prevailing wage, as determined in the manner 11
provided in NRS 338.030, that is applicable to the region and trade 12
in which that construction worker was employed on the date of the 13
accident or injury, regardless of whether the construction worker 14
was employed on a public work that is subject to chapter 338 of 15
NRS. 16
(b) Except as otherwise provided in this subsection, a history 17
of hours worked as a construction worker for a period of 12 weeks 18
must be used to calculate an average monthly prevailing wage. 19
(c) If a 12-week period of hours worked as a construction 20
worker is not representative of the average number of hours 21
worked as a construction worker in a month by the injured 22
employee, hours worked as a construction worker over a period of 23
1 year or the full period of employment, if it is less than 1 year, 24
may be used. Hours worked as a construction worker over 1 year 25
or the full period of employment, if it is less than 1 year, must be 26
used if the average monthly prevailing wage would be increased. 27
(d) If a construction worker who is injured is a member of a 28
labor organization and is regularly employed by referrals from the 29
office of that organization, hours worked as a construction worker 30
for all employers for a period of 1 year may be used. A period of 1 31
year using all the hours worked as a construction worker by the 32
injured employee from all his or her employers must be used if the 33
average monthly prevailing wage would be increased. 34
(e) If information concerning hours worked as a construction 35
worker is not available for a period of 12 weeks, hours worked as a 36
construction worker may be averaged for the available period, but 37
not for a period of less than 4 weeks. 38
(f) If information concerning hours worked as a construction 39
worker is unavailable for a period of at least 4 weeks, average 40
monthly prevailing wage must be projected using the working 41
schedule which the injured construction worker was projected to 42
work as a construction worker. 43
(g) If the methods of determining an average number of hours 44
worked as a construction worker pursuant to paragraphs (b) to (f), 45
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inclusive, cannot be applied reasonably and fairly, an average 1
monthly prevailing wage must be calculated by the insurer at 100 2
percent of: 3
(1) The sum which reasonably represents the average 4
monthly prevailing wage of the injured construction worker, as 5
defined in regulations adopted pursuant to this section, at the time 6
the injury or illness occurs; or 7
(2) The amount determined using the prevailing wage, as 8
determined in the manner provided in NRS 338.030, that is 9
applicable to the region and trade in which the construction 10
worker was employed on the date the injury or illness occurs, 11
regardless of whether the construction worker was employed on a 12
public work that is subject to chapter 338 of NRS, and the 13
projected working schedule which the injured construction worker 14
was projected to work as a construction worker. 15
3. In determining average monthly prevailing wage pursuant 16
to subsection 1, the method must include hours worked in 17
concurrent employment of the injured construction worker only if 18
the concurrent employment is employment by one or more 19
employers who are insured for workers’ compensation or 20
government disability benefits by: 21
(a) A private carrier; 22
(b) A plan of self-insurance; 23
(c) A workers’ compensation insurance system operating 24
under the laws of any other state or territory of the United States; 25
or 26
(d) A workers’ compensation or disability benefit plan 27
provided and administered by the Federal Government or any 28
agency thereof. 29
4. Except as otherwise provided by subsection 3, concurrent 30
employment includes, without limitation, hours worked in: 31
(a) Active or reserve duty with or in: 32
(1) The Army, Navy, Air Force, Marine Corps or Coast 33
Guard of the United States; 34
(2) The Merchant Marine; or 35
(3) The National Guard; or 36
(b) Employment by: 37
(1) The Federal Government or any branch or agency 38
thereof; 39
(2) A state, territorial, county, municipal or local 40
government of any state or territory of the United States; or 41
(3) A private employer, whether the employment is full-42
time, part-time, temporary, periodic, seasonal or otherwise limited 43
in term, or pursuant to contract. 44
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5. As used in this section, “concurrent employment” means 1
work as a construction worker performed by an employee for two 2
or more employers during the 1-year period immediately preceding 3
the date of injury or the onset of occupational disease. 4
Sec. 6. NRS 616C.427 is hereby amended to read as follows: 5
616C.427 1. Notwithstanding the provisions of subsection 3 6
of NRS 616C.315 and except as otherwise provided in this section, 7
if an injured employee is receiving compensation based on a 8
calculation of the average monthly wage or average monthly 9
prevailing wage of the injured employee as determined pursuant to 10
the regulations adopted by the Administrator pursuant to NRS 11
616C.420 [,] or section 5 of this act, as applicable, the injured 12
employee or the employer may request a hearing before a hearing 13
officer pursuant to the provisions of NRS 616C.315 to 616C.385, 14
inclusive, asking for a recalculation of the average monthly wage or, 15
if applicable, the average monthly prevailing wage of the injured 16
employee. 17
2. The injured employee is entitled to have his or her average 18
monthly wage or, if applicable, average monthly prevailing wage 19
recalculated if the injured employee proves by a preponderance of 20
the evidence that the insurer calculated the average monthly wage or 21
average monthly prevailing wage improperly or incorrectly as a 22
result of: 23
(a) The use of any improper or incorrect information or 24
methodology; 25
(b) The failure to use any proper or correct information or 26
methodology; 27
(c) Any error of law or fact; or 28
(d) Any other error, omission, neglect or wrongful act. 29
3. If the injured employee proves that the insurer calculated his 30
or her average monthly wage or, if applicable, average monthly 31
prevailing wage improperly or incorrectly, resulting in an 32
underpayment of compensation: 33
(a) The insurer shall: 34
(1) Increase the injured employee’s future compensation 35
based on the correct average monthly wage [;] or average monthly 36
prevailing wage, as applicable; and 37
(2) Pay the injured employee a lump sum in an amount equal 38
to the underpayment of compensation for the period during which 39
the insurer was using the incorrect average monthly wage [;] or 40
average monthly prevailing wage, as applicable; and 41
(b) The remedy provided in paragraph (a) is the sole remedy for 42
the underpayment and the insurer is not subject to the imposition of 43
any fine or benefit penalty therefor. 44
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4. If the hearing officer determines that the calculation of the 1
average monthly wage or, if applicable, average monthly 2
prevailing wage resulted in an overpayment of compensation, the 3
insurer may require the injured employee to repay to the insurer an 4
amount equal to the overpayment received by the injured employee 5
during any one 30-day period. 6
5. The average monthly wage or average monthly prevailing 7
wage, as applicable, of an injured employee may not be challenged 8
by the insurer, the employer or the injured employee after the date 9
on which any portion of an award for permanent partial disability is 10
paid or the claim closes, whichever occurs first. 11
6. The provisions of this section do not apply if the issue of the 12
average monthly wage or, if applicable, average monthly 13
prevailing wage of the injured employee was previously adjudicated 14
to a final decision in: 15
(a) A hearing before a hearing officer or appeals officer pursuant 16
to the provisions of NRS 616C.315 to 616C.385, inclusive; or 17
(b) Any proceedings for judicial review. 18
Sec. 7. NRS 616C.440 is hereby amended to read as follows: 19
616C.440 1. Except as otherwise provided in this section and 20
NRS 616C.175, every employee in the employ of an employer, 21
within the provisions of chapters 616A to 616D, inclusive, of NRS, 22
who is injured by accident arising out of and in the course of 23
employment, or his or her dependents as defined in chapters 616A 24
to 616D, inclusive, of NRS, is entitled to receive the following 25
compensation for permanent total disability: 26
(a) In cases of total disability adjudged to be permanent, 27
compensation per month of 66 2/3 percent of : 28
(1) Except as otherwise provided in subparagraph (2), the 29
average monthly wage [.] ; or 30
(2) For an injured employee who is a construction worker, 31
the greater of the average monthly wage or the average monthly 32
prevailing wage. 33
(b) If there is a previous disability, as the loss of one eye, one 34
hand, one foot or any other previous permanent disability, the 35
percentage of disability for a subsequent injury must be determined 36
by computing the percentage of the entire disability and deducting 37
therefrom the percentage of the previous disability as it existed at 38
the time of the subsequent injury, but such a deduction for a 39
previous award for permanent partial disability must be made in a 40
reasonable manner and must not be more than the total amount 41
which was paid for the previous award for permanent partial 42
disability. The total amount of the allowable deduction includes, 43
without limitation, compensation for a permanent partial disability 44
that was deducted from: 45
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(1) Any compensation the employee received for a 1
temporary total disability; or 2
(2) Any other compensation received by the employee. 3
(c) If the character of the injury is such as to render the 4
employee so physically helpless as to require the service of a 5
constant attendant, an additional allowance may be made so long as 6
such requirements continue, but the allowance may not be made 7
while the employee is receiving benefits for care in a hospital or 8
facility for intermediate care pursuant to the provisions of 9
NRS 616C.265. 10
2. Except as otherwise provided in NRS 616B.028 and 11
616B.029, an injured employee or his or her dependents are not 12
entitled to accrue or be paid any benefits for a permanent total 13
disability during the time the injured employee is incarcerated. The 14
injured employee or his or her dependents are entitled to receive 15
those benefits when the injured employee is released from 16
incarceration if the injured employee is certified as permanently 17
totally disabled by a physician or chiropractic physician. 18
3. An employee is entitled to receive compensation for a 19
permanent total disability only so long as the permanent total 20
disability continues to exist. The insurer has the burden of proving 21
that the permanent total disability no longer exists. 22
4. If an injured employee has filed a claim with an insurer 23
pursuant to NRS 617.455, 617.457, 617.485 or 617.487, the insurer 24
may not terminate, suspend, withhold, offset, reduce or otherwise 25
halt, restrict or limit the payment of compensation for a permanent 26
total disability to the injured employee or his or her dependents on 27
the basis that the injured employee earns income. 28
5. If an employee who has received compensation in a lump 29
sum for a permanent partial disability pursuant to NRS 616C.495 is 30
subsequently determined to be permanently and totally disabled, the 31
insurer of the employee’s employer shall recover pursuant to this 32
subsection the actual amount of the lump sum paid to the employee 33
for the permanent partial disability. The insurer shall not recover 34
from the employee, whether by deductions or single payment, or a 35
combination of both, more than the actual amount of the lump sum 36
paid to the employee. To recover the actual amount of the lump 37
sum, the insurer shall: 38
(a) Unless the employee submits a request described in 39
paragraph (b), deduct from the compensation for the permanent total 40
disability an amount that is not more than 10 percent of the rate of 41
compensation for a permanent total disability until the actual 42
amount of the lump sum paid to the employee for the permanent 43
partial disability is recovered; or 44
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(b) Upon the request of the employee, accept in a single 1
payment from the employee an amount that is equal to the actual 2
amount of the lump sum paid to the employee for the permanent 3
partial disability, less the actual amount of all deductions made to 4
date by the insurer from the employee for repayment of the lump 5
sum. 6
Sec. 8. NRS 616C.475 is hereby amended to read as follows: 7
616C.475 1. Except as otherwise provided in this section, 8
NRS 616C.175 and 616C.390, every employee in the employ of an 9
employer, within the provisions of chapters 616A to 616D, 10
inclusive, of NRS, who is injured by accident arising out of and in 11
the course of employment, or his or her dependents, is entitled to 12
receive for the period of temporary total disability, 66 2/3 percent 13
of : 14
(a) Except as otherwise provided in paragraph (b), the average 15
monthly wage [.] ; or 16
(b) For an injured employee who is a construction worker, the 17
greater of the average monthly wage or the average monthly 18
prevailing wage. 19
2. Except as otherwise provided in NRS 616B.028 and 20
616B.029, an injured employee or his or her dependents are not 21
entitled to accrue or be paid any benefits for a temporary total 22
disability during the time the injured employee is incarcerated. The 23
injured employee or his or her dependents are entitled to receive 24
such benefits when the injured employee is released from 25
incarceration if the injured employee is certified as temporarily 26
totally disabled by a physician or chiropractic physician. 27
3. If a claim for the period of temporary total disability is 28
allowed, the first payment pursuant to this section must be issued by 29
the insurer within 14 working days after receipt of the initial 30
certification of disability and regularly thereafter. 31
4. Any increase in compensation and benefits effected by the 32
amendment of subsection 1 is not retroactive. 33
5. Payments for a temporary total disability must cease when: 34
(a) A physician or chiropractic physician determines that the 35
employee is physically capable of any gainful employment for 36
which the employee is suited, after giving consideration to the 37
employee’s education, training and experience; 38
(b) The employer offers the employee light-duty employment or 39
employment that is modified according to the limitations or 40
restrictions imposed by a physician or chiropractic physician 41
pursuant to subsection 7; or 42
(c) Except as otherwise provided in NRS 616B.028 and 43
616B.029, the employee is incarcerated. 44
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6. Each insurer may, with each check that it issues to an injured 1
employee for a temporary total disability, include a form approved 2
by the Division for the injured employee to request continued 3
compensation for the temporary total disability. 4
7. A certification of disability issued by a physician or 5
chiropractic physician must: 6
(a) Include the period of disability and a description of any 7
physical limitations or restrictions imposed upon the work of the 8
employee; 9
(b) Specify whether the limitations or restrictions are permanent 10
or temporary; and 11
(c) Be signed by the treating physician or chiropractic physician 12
authorized pursuant to NRS 616B.527 or appropriately chosen 13
pursuant to subsection 4 or 5 of NRS 616C.090. 14
8. If the certification of disability specifies that the physical 15
limitations or restrictions are temporary, the employer of the 16
employee at the time of the employee’s accident may offer 17
temporary, light-duty employment to the employee. If the employer 18
makes such an offer, the employer shall confirm the offer in writing 19
within 10 days after making the offer. The making, acceptance or 20
rejection of an offer of temporary, light-duty employment pursuant 21
to this subsection does not affect the eligibility of the employee to 22
receive vocational rehabilitation services, including compensation, 23
and does not exempt the employer from complying with NRS 24
616C.545 to 616C.575, inclusive, and 616C.590 or the regulations 25
adopted by the Division governing vocational rehabilitation 26
services. Any offer of temporary, light-duty employment made by 27
the employer must specify a position that: 28
(a) Is substantially similar to the employee’s position at the time 29
of his or her injury in relation to the location of the employment and 30
the hours the employee is required to work; 31
(b) Provides a gross wage that is: 32
(1) If the position is in the same classification of 33
employment, equal to the gross wage the employee was earning at 34
the time of his or her injury; or 35
(2) If the position is not in the same classification of 36
employment, substantially similar to the gross wage the employee 37
was earning at the time of his or her injury; and 38
(c) Has the same employment benefits as the position of the 39
employee at the time of his or her injury. 40
Sec. 9. NRS 616C.490 is hereby amended to read as follows: 41
616C.490 1. Except as otherwise provided in NRS 616C.175, 42
every employee, in the employ of an employer within the provisions 43
of chapters 616A to 616D, inclusive, of NRS, who is injured by an 44
accident arising out of and in the course of employment is entitled to 45
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receive the compensation provided for permanent partial disability. 1
As used in this section, “disability” and “impairment of the whole 2
person” are equivalent terms. 3
2. Except as otherwise provided in subsection 3: 4
(a) Within 30 days after receiving from a physician or 5
chiropractic physician a report indicating that the injured employee 6
may have suffered a permanent disability and is stable and ratable, 7
the insurer shall schedule an appointment with the rating physician 8
or chiropractic physician selected pursuant to this subsection to 9
determine the extent of the employee’s disability. 10
(b) Unless the insurer and the injured employee otherwise agree 11
to a rating physician or chiropractic physician: 12
(1) The insurer shall select the rating physician or 13
chiropractic physician from the list of qualified rating physicians 14
and chiropractic physicians designated by the Administrator, to 15
determine the percentage of disability in accordance with the 16
American Medical Association’s Guides to the Evaluation of 17
Permanent Impairment as adopted and supplemented by the 18
Division pursuant to NRS 616C.110. 19
(2) Rating physicians and chiropractic physicians must be 20
selected at random from the list of qualified physicians and 21
chiropractic physicians designated by the Administrator unless the 22
physician or chiropractic physician who is selected is currently an 23
employee of the insurer making the selection, in which case another 24
random selection must be made until a physician or chiropractic 25
physician who is not currently an employee of the insurer is 26
selected. 27
(3) A rating physician or chiropractic physician selected 28
pursuant to subparagraph (1) or (2) may decline the selection if he 29
or she believes he or she does not have the ability to rate the 30
disability at issue. 31
3. Notwithstanding any other provision of law, an injured 32
employee or the legal representative of an injured employee may, at 33
any time, without limitation, request that the Administrator select a 34
rating physician or chiropractic physician from the list of qualified 35
physicians and chiropractic physicians designated by the 36
Administrator. The Administrator, upon receipt of the request, shall 37
immediately select for the injured employee the rating physician or 38
chiropractic physician at random from the list. 39
4. If an insurer contacts a treating physician or chiropractic 40
physician to determine whether an injured employee has suffered a 41
permanent disability, the insurer shall deliver to the treating 42
physician or chiropractic physician that portion or a summary of that 43
portion of the American Medical Association’s Guides to the 44
Evaluation of Permanent Impairment as adopted by the Division 45
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pursuant to NRS 616C.110 that is relevant to the type of injury 1
incurred by the employee. 2
5. At the request of the insurer, the injured employee shall, 3
before an evaluation by a rating physician or chiropractic physician 4
is performed, notify the insurer of: 5
(a) Any previous evaluations performed to determine the extent 6
of any of the employee’s disabilities; and 7
(b) Any previous injury, disease or condition sustained by the 8
employee which is relevant to the evaluation performed pursuant to 9
this section. 10
The notice must be on a form approved by the Administrator and 11
provided to the injured employee by the insurer at the time of the 12
insurer’s request. 13
6. Unless the regulations adopted pursuant to NRS 616C.110 14
provide otherwise, a rating evaluation must include an evaluation of 15
the loss of motion, sensation and strength of an injured employee 16
if the injury is of a type that might have caused such a loss. Except 17
in the case of claims accepted pursuant to NRS 616C.180, no factors 18
other than the degree of physical impairment of the whole person 19
may be considered in calculating the entitlement to compensation 20
for a permanent partial disability. 21
7. The rating physician or chiropractic physician shall provide 22
the insurer with his or her evaluation of the injured employee. After 23
receiving the evaluation, the insurer shall, within 14 days, provide 24
the employee with a copy of the evaluation and notify the employee: 25
(a) Of the compensation to which the employee is entitled 26
pursuant to this section; or 27
(b) That the employee is not entitled to benefits for permanent 28
partial disability. 29
8. Each 1 percent of impairment of the whole person must be 30
compensated by a monthly payment: 31
(a) Of 0.5 percent of the claimant’s average monthly wage for 32
injuries sustained before July 1, 1981; 33
(b) Of 0.6 percent of the claimant’s average monthly wage for 34
injuries sustained on or after July 1, 1981, and before June 18, 1993; 35
(c) Of 0.54 percent of the claimant’s average monthly wage for 36
injuries sustained on or after June 18, 1993, and before January 1, 37
2000; [and] 38
(d) [Of] Except as otherwise provided in paragraph (e), of 0.6 39
percent of the claimant’s average monthly wage for injuries 40
sustained on or after January 1, 2000 [.] ; and 41
(e) For a claimant who is a construction worker, of 0.6 percent 42
of the greater of the claimant’s average monthly wage or average 43
monthly prevailing wage for injuries sustained on or after 44
October 1, 2025. 45
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Compensation must commence on the date of the injury or the 1
day following the termination of temporary disability compensation, 2
if any, whichever is later, and must continue on a monthly basis for 3
5 years or until the claimant is 70 years of age, whichever is later. 4
9. Compensation benefits may be paid annually to claimants 5
who will be receiving less than $100 a month. 6
10. If there is a previous disability, the percentage of disability 7
for a subsequent injury must be determined pursuant to 8
NRS 616C.099. 9
11. In the event of a dispute over an award of compensation for 10
permanent partial disability, the insurer shall commence making 11
installment payments to the injured employee for that portion of the 12
award that is not in dispute: 13
(a) Not later than the date by which such payment is required 14
pursuant to subsection 8 or 9, as applicable; and 15
(b) Without requiring the injured employee to make an election 16
whether to receive his or her compensation in installment payments 17
or in a lump sum. 18
12. The Division may adopt schedules for rating permanent 19
disabilities resulting from injuries sustained before July 1, 1973, and 20
reasonable regulations to carry out the provisions of this section. 21
13. The increase in compensation and benefits effected by the 22
amendment of this section is not retroactive for accidents which 23
occurred before July 1, 1973. 24
14. This section does not entitle any person to double payments 25
for the death of an employee and a continuation of payments for a 26
permanent partial disability, or to a greater sum in the aggregate 27
than if the injury had been fatal. 28
15. The Administrator shall prepare and publish on the Internet 29
website of the Division an annual report which contains: 30
(a) The name of each rating physician or chiropractic physician 31
who was selected in the immediately preceding year to conduct an 32
evaluation to determine the extent of an employee’s disability 33
pursuant to this section; and 34
(b) For each rating physician or chiropractic physician identified 35
pursuant to paragraph (a): 36
(1) The number of times the rating physician or chiropractic 37
physician was selected to conduct an evaluation to determine the 38
extent of an employee’s disability; and 39
(2) The number of evaluations that the rating physician or 40
chiropractic physician completed. 41
Sec. 10. NRS 616C.495 is hereby amended to read as follows: 42
616C.495 1. Except as otherwise provided in NRS 616C.380, 43
an award for a permanent partial disability may be paid in a lump 44
sum under the following conditions: 45
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(a) A claimant injured on or after July 1, 1973, and before 1
July 1, 1981, who incurs a disability that does not exceed 12 percent 2
may elect to receive his or her compensation in a lump sum. A 3
claimant injured on or after July 1, 1981, and before July 1, 1995, 4
who incurs a disability that does not exceed 30 percent may elect to 5
receive his or her compensation in a lump sum. 6
(b) The spouse, or in the absence of a spouse, any dependent 7
child of a deceased claimant injured on or after July 1, 1973, who is 8
not entitled to compensation in accordance with NRS 616C.505, is 9
entitled to a lump sum equal to the present value of the deceased 10
claimant’s undisbursed award for a permanent partial disability. 11
(c) Any claimant injured on or after July 1, 1981, and before 12
July 1, 1995, who incurs a disability that exceeds 30 percent may 13
elect to receive his or her compensation in a lump sum equal to the 14
present value of an award for a disability of 30 percent. If the 15
claimant elects to receive compensation pursuant to this paragraph, 16
the insurer shall pay in installments to the claimant that portion of 17
the claimant’s disability in excess of 30 percent. 18
(d) Any claimant injured on or after July 1, 1995, and before 19
January 1, 2016, who incurs a disability that: 20
(1) Does not exceed 25 percent may elect to receive his or 21
her compensation in a lump sum. 22
(2) Exceeds 25 percent may: 23
(I) Elect to receive his or her compensation in a lump sum 24
equal to the present value of an award for a disability of 25 percent. 25
If the claimant elects to receive compensation pursuant to this sub-26
subparagraph, the insurer shall pay in installments to the claimant 27
that portion of the claimant’s disability in excess of 25 percent. 28
(II) To the extent that the insurer has offered to provide 29
compensation in a lump sum up to the present value of an award for 30
disability of 30 percent, elect to receive his or her compensation in a 31
lump sum up to the present value of an award for a disability of 30 32
percent. If the claimant elects to receive compensation pursuant to 33
this sub-subparagraph, the insurer shall pay in installments to the 34
claimant that portion of the claimant’s disability in excess of 30 35
percent. 36
(e) Any claimant injured on or after January 1, 2016, and before 37
July 1, 2017, who incurs a disability that: 38
(1) Does not exceed 30 percent may elect to receive his or 39
her compensation in a lump sum. 40
(2) Exceeds 30 percent may elect to receive his or her 41
compensation in a lump sum equal to the present value of an award 42
for a disability of 30 percent. If the claimant elects to receive 43
compensation pursuant to this subparagraph, the insurer shall pay in 44
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- *AB200*
installments to the claimant that portion of the claimant’s disability 1
in excess of 30 percent. 2
(f) Any claimant injured on or after July 1, 2017, who incurs a 3
disability that: 4
(1) Does not exceed 30 percent may elect to receive his or 5
her compensation in a lump sum. 6
(2) Exceeds 30 percent may elect to receive his or her 7
compensation in a lump sum equal to the present value of an award 8
for a disability of up to 30 percent. If the claimant elects to receive 9
compensation pursuant to this subparagraph, the insurer shall pay in 10
installments to the claimant that portion of the claimant’s disability 11
in excess of 30 percent. 12
(g) If the permanent partial disability rating of a claimant 13
seeking compensation pursuant to this section would, when 14
combined with any previous permanent partial disability rating of 15
the claimant that resulted in an award of benefits to the claimant, 16
result in the claimant having a total permanent partial disability 17
rating in excess of 100 percent, the claimant’s disability rating upon 18
which compensation is calculated must be reduced by such 19
percentage as required to limit the total permanent partial disability 20
rating of the claimant for all injuries to not more than 100 percent. 21
2. If the claimant elects to receive his or her payment for a 22
permanent partial disability in a lump sum pursuant to subsection 1, 23
all of the claimant’s benefits for compensation terminate. Except as 24
otherwise provided in paragraph (d), the claimant’s acceptance of 25
that payment constitutes a final settlement of all factual and legal 26
issues in the case. By so accepting the claimant waives all of his or 27
her rights regarding the claim, including the right to appeal from the 28
closure of the case or the percentage of his or her disability, except: 29
(a) The right of the claimant to: 30
(1) Reopen his or her claim in accordance with the 31
provisions of NRS 616C.390; or 32
(2) Have his or her claim considered by his or her insurer 33
pursuant to NRS 616C.392; 34
(b) Any counseling, training or other rehabilitative services 35
provided by the insurer; 36
(c) The right of the claimant to receive a benefit penalty in 37
accordance with NRS 616D.120; and 38
(d) The right of the claimant to conclude or resolve any 39
contested matter which is pending at the time that the claimant 40
executes his or her election to receive his or her payment for a 41
permanent partial disability in a lump sum. The provisions of this 42
paragraph do not apply to: 43
(1) The scope of the claim; 44
(2) The claimant’s stable and ratable status; and 45
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(3) The claimant’s average monthly wage [.] or, if 1
applicable, average monthly prevailing wage. 2
3. The claimant, when he or she demands payment in a lump 3
sum pursuant to subsection 2, must be provided with a written 4
notice which prominently displays a statement describing the effects 5
of accepting payment in a lump sum of an entire permanent partial 6
disability award, any portion of such an award or any uncontested 7
portion of such an award, and that the claimant has 20 days after the 8
mailing or personal delivery of the notice within which to retract or 9
reaffirm the demand, before payment may be made and the 10
claimant’s election becomes final. 11
4. Any lump-sum payment which has been paid on a claim 12
incurred on or after July 1, 1973, must be supplemented if necessary 13
to conform to the provisions of this section. 14
5. Except as otherwise provided in this subsection, the total 15
lump-sum payment for disablement must not be less than one-half 16
the product of the average monthly wage multiplied by the 17
percentage of disability. In the case of a claimant who is a 18
construction worker, the total lump-sum payment for disablement 19
must not be less than one-half the product of the greater of the 20
average monthly wage or average monthly prevailing wage 21
multiplied by the percentage of disability. If the claimant received 22
compensation in installment payments for his or her permanent 23
partial disability before electing to receive payment for that 24
disability in a lump sum, the lump-sum payment must be calculated 25
for the remaining payment of compensation. 26
6. The lump sum payable must be equal to the present value of 27
the compensation awarded, less any advance payment or lump sum 28
previously paid. The present value must be calculated using monthly 29
payments in the amounts prescribed in subsection 8 of NRS 30
616C.490 and actuarial annuity tables adopted by the Division. The 31
tables must be reviewed annually by a consulting actuary and must 32
be adjusted accordingly on July 1 of each year by the Division 33
using: 34
(a) The most recent unisex “Static Mortality Tables for Defined 35
Benefit Pension Plans” published by the Internal Revenue Service; 36
and 37
(b) The average 30-Year Treasury Constant Maturity Rate for 38
March of the current year as reported by the Board of Governors of 39
the Federal Reserve System. 40
7. To calculate the present value of a lump sum payable to a 41
claimant, the insurer shall use the actuarial annuity tables adopted 42
by the Division that are in effect on the date on which the claimant 43
elects payment in a lump sum. 44
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8. If a claimant would receive more money by electing to 1
receive compensation in a lump sum than the claimant would if he 2
or she receives installment payments, the claimant may elect to 3
receive the lump-sum payment. 4
Sec. 11. NRS 616C.505 is hereby amended to read as follows: 5
616C.505 If an injury by accident arising out of and in the 6
course of employment causes the death of an employee in the 7
employ of an employer, within the provisions of chapters 616A to 8
616D, inclusive, of NRS, the compensation is known as a death 9
benefit and is payable as follows: 10
1. In addition to any other compensation payable pursuant to 11
chapters 616A to 616D, inclusive, of NRS, burial expenses are 12
payable in an amount not to exceed $10,000, plus the cost of 13
transporting the remains of the deceased employee. When the 14
remains of the deceased employee and the person accompanying the 15
remains are to be transported to a mortuary or mortuaries, the charge 16
of transportation must be borne by the insurer. 17
2. Except as otherwise provided in subsection 3, to the 18
surviving spouse of the deceased employee, 66 2/3 percent of : 19
(a) Except as otherwise provided in paragraph (b), the average 20
monthly wage ; or 21
(b) If the deceased employee was a construction worker, the 22
greater of the average monthly wage or average monthly 23
prevailing wage, 24
is payable until the death of the surviving spouse. 25
3. If there is a surviving spouse and any surviving children of 26
the deceased employee who are not the children of the surviving 27
spouse, the compensation otherwise payable pursuant to subsection 28
2 must be paid as follows until the entitlement of all children of the 29
deceased employee to receive compensation pursuant to this 30
subsection ceases: 31
(a) To the surviving spouse, 50 percent of the death benefit is 32
payable until the death of the surviving spouse; and 33
(b) To each child of the deceased employee, regardless of 34
whether the child is the child of the surviving spouse, the child’s 35
proportionate share of 50 percent of the death benefit and, except as 36
otherwise provided in subsection 11, if the child has a guardian, the 37
compensation the child is entitled to receive may be paid to the 38
guardian. 39
4. In the event of the subsequent death of the surviving spouse: 40
(a) Each surviving child of the deceased employee, in addition 41
to any amount the child may be entitled to pursuant to subsection 3, 42
must share equally the compensation theretofore paid to the 43
surviving spouse but not in excess thereof, and it is payable until the 44
youngest child reaches the age of 18 years. 45
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- *AB200*
(b) Except as otherwise provided in subsection 11, if the 1
children have a guardian, the compensation they are entitled to 2
receive may be paid to the guardian. 3
5. If there are any surviving children of the deceased employee 4
under the age of 18 years, but no surviving spouse, then each such 5
child is entitled to his or her proportionate share of 66 2/3 percent 6
of : 7
(a) Except as otherwise provided in paragraph (b), the average 8
monthly wage ; or 9
(b) If the deceased employee was a construction worker, the 10
greater of the average monthly wage or average monthly 11
prevailing wage, 12
for the support of the child. 13
6. Except as otherwise provided in subsection 7, if there is no 14
surviving spouse or child under the age of 18 years, there must be 15
paid: 16
(a) To a parent, if wholly dependent for support upon the 17
deceased employee at the time of the injury causing the death of the 18
deceased employee, 33 1/3 percent of : 19
(1) Except as otherwise provided in subparagraph (2), the 20
average monthly wage [.] ; or 21
(2) If the deceased employee was a construction worker, the 22
greater of the average monthly wage or average monthly 23
prevailing wage. 24
(b) To both parents, if wholly dependent for support upon the 25
deceased employee at the time of the injury causing the death of the 26
deceased employee, 66 2/3 percent of : 27
(1) Except as otherwise provided in subparagraph (2), the 28
average monthly wage [.] ; or 29
(2) If the deceased employee was a construction worker, the 30
greater of the average monthly wage or average monthly 31
prevailing wage. 32
(c) To each brother or sister until he or she reaches the age of 18 33
years, if wholly dependent for support upon the deceased employee 34
at the time of the injury causing the death of the deceased employee, 35
his or her proportionate share of 66 2/3 percent of : 36
(1) Except as otherwise provided in subparagraph (2), the 37
average monthly wage [.] ; or 38
(2) If the deceased employee was a construction worker, the 39
greater of the average monthly wage or average monthly 40
prevailing wage. 41
7. The aggregate compensation payable pursuant to subsection 42
6 must not exceed 66 2/3 percent of : 43
(a) Except as otherwise provided in paragraph (b), the average 44
monthly wage [.] ; or 45
– 18 –
- *AB200*
(b) If the deceased employee was a construction worker, the 1
greater of the average monthly wage or average monthly 2
prevailing wage. 3
8. In all other cases involving a question of total or partial 4
dependency: 5
(a) The extent of the dependency must be determined in 6
accordance with the facts existing at the time of the injury. 7
(b) If the deceased employee leaves dependents only partially 8
dependent upon the earnings of the deceased employee for support 9
at the time of the injury causing his or her death, the monthly 10
compensation to be paid must be equal to the same proportion of the 11
monthly payments for the benefit of persons totally dependent as the 12
amount contributed by the deceased employee to the partial 13
dependents bears to the average monthly wage or, in the case of a 14
deceased employee who was a construction worker, the average 15
monthly prevailing wage, of the deceased employee at the time of 16
the injury resulting in his or her death. 17
(c) The duration of compensation to partial dependents must be 18
fixed in accordance with the facts shown, but may not exceed 19
compensation for 100 months. 20
9. Compensation payable to a surviving spouse is for the use 21
and benefit of the surviving spouse and the dependent children, and 22
the insurer may, from time to time, apportion such compensation 23
between them in such a way as it deems best for the interest of all 24
dependents. 25
10. In the event of the death of any dependent specified in this 26
section before the expiration of the time during which compensation 27
is payable to the dependent, funeral expenses are payable in an 28
amount not to exceed $10,000. 29
11. If a dependent is entitled to receive a death benefit pursuant 30
to this section and is less than 18 years of age or incapacitated, the 31
legal representative of the dependent shall petition for a guardian to 32
be appointed for that dependent pursuant to NRS 159.044 or 33
159A.044, as applicable. An insurer shall not pay any compensation 34
in excess of $3,000, other than burial expenses, to the dependent 35
until a guardian is appointed and legally qualified. Upon receipt of a 36
certified letter of guardianship, the insurer shall make all payments 37
required by this section to the guardian of the dependent until the 38
dependent is emancipated, the guardianship terminates or the 39
dependent reaches the age of 18 years, whichever occurs first, 40
unless paragraph (a) of subsection 12 is applicable. The fees and 41
costs related to the guardianship must be paid from the estate of the 42
dependent. A guardianship established pursuant to this subsection 43
must be administered in accordance with chapter 159 or 159A of 44
NRS, as applicable, except that after the first annual review required 45
– 19 –
- *AB200*
pursuant to NRS 159.176 or 159A.176, as applicable, a court may 1
elect not to review the guardianship annually. The court shall review 2
the guardianship at least once every 3 years. As used in this 3
subsection, “incapacitated” has the meaning ascribed to it in 4
NRS 159.019. 5
12. Except as otherwise provided in paragraphs (a) and (b), the 6
entitlement of any child to receive his or her proportionate share of 7
compensation pursuant to this section ceases when the child dies, 8
marries or reaches the age of 18 years. A child is entitled to continue 9
to receive compensation pursuant to this section if the child is: 10
(a) Over 18 years of age and incapable of supporting himself or 11
herself, until such time as the child becomes capable of supporting 12
himself or herself; or 13
(b) Over 18 years of age and enrolled as a full-time student in an 14
accredited vocational or educational institution, until the child 15
reaches the age of 22 years. 16
13. As used in this section, “surviving spouse” means a 17
surviving person who was married to the employee at the time of the 18
employee’s death. 19
Sec. 12. The amendatory provisions of this act apply 20
prospectively only with respect to claims which are open or filed on 21
or after October 1, 2025. 22
Sec. 13. 1. This section and section 12 of this act become 23
effective upon passage and approval. 24
2. Sections 1 to 11, inclusive, of this act become effective: 25
(a) Upon passage and approval for the purpose of adopting any 26
regulations and performing any other preparatory administrative 27
tasks that are necessary to carry out the provisions of this act; and 28
(b) On October 1, 2025, for all other purposes. 29
H