Amendment No. 134

Senate Amendment to Senate Bill No. 95 (BDR 53-386)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 5, by deleting:

"or permanent total disability" and inserting:

", permanent total disability, permanent partial disability or rehabilitation maintenance benefits".

Amend section 1, pages 1 and 2, by deleting lines 9 through 11 on page 1 and lines 1 through 21 on page 2 and inserting:

"By endorsing this check for temporary total disability, temporary partial disability, permanent total disability, permanent partial disability or rehabilitation maintenance benefits, I certify under penalty of imposition of a fine or imprisonment, or both, that I am entitled to the benefits for workers’ compensation represented by this check, that the circumstances which entitled me to benefits for workers’ compensation have not changed since my claim was accepted or since I received the last payment and that no false statements or representations have been made to obtain these benefits.".

Amend section 1, page 2, line 23, by deleting "3." and inserting "2.".

Amend section 1, page 2, line 25, by deleting "or 2 ".

Amend the bill as a whole by renumbering sections 3 through 7 as sections 4 through 8 and adding a new section designated sec. 3, following sec. 2, to read as follows:

"Sec. 3. NRS 616C.230 is hereby amended to read as follows:

616C.230 1. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS for an injury:

(a) Caused by the employee’s willful intention to injure himself.

(b) Caused by the employee’s willful intention to injure another.

(c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

(d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

2. For the purposes of paragraphs (c) and (d) of subsection 1:

(a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.

(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance [:

(1) If] , the laboratory that conducts the testing [is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory] must be [certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and

(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.] licensed pursuant to the provisions of chapter 652 of NRS.

3. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

4. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.

5. An injured employee’s compensation, other than accident benefits, must be suspended if:

(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and

(b) It is within the ability of the employee to correct the nonindustrial condition or injury.

The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.".

Amend sec. 8, page 8, by deleting line 27 and inserting:

"Sec. 9. 1. This section and sections 1 and 2 and 4 to 8, inclusive, of this act become effective on July 1, 1999.

2. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1999.".

Amend the title of the bill, fifth line, after "involved;" by inserting:

"requiring that a test of an injured employee for the presence of alcohol or a controlled substance be performed by a laboratory that is licensed by the health division of the department of human resources;".