EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 616C.215 is hereby amended to read as follows:

1-2 616C.215 1. If an injured employee or, in the event of his death, his

1-14 lien upon the total amount paid by the employer if the injured employee or

2-1 his dependents receive compensation pursuant to the provisions of chapters

2-2 616A to 616D, inclusive, of NRS.

2-3 This subsection is applicable whether the money paid to the employee or

2-4 his dependents by the employer is classified as a gift, a settlement or

2-5 otherwise. The provisions of this subsection do not grant to an injured

2-6 employee any right of action in tort to recover damages from his employer

2-7 2. When an employee receives an injury for which compensation is

2-8 NRS and which was caused under circumstances creating a legal liability in

2-9 some person, other than the employer or a person in the same employ, to

2-10 (a) The injured employee, or in case of death his dependents, may take

2-11 compensation the injured employee or his dependents are entitled to

2-12 receive pursuant to the provisions of chapters 616A to 616D, inclusive, of

2-13 the damages recovered, notwithstanding any act or omission of the

2-14 cause of the employee’s injury.

2-15 (b) If the injured employee, or in case of death his dependents, receive

2-16 inclusive, of NRS, the insurer, or in case of claims involving the uninsured

2-17 right of action against the person so liable to pay damages and is

2-18 subrogated to the rights of the injured employee or of his dependents to

2-19 3. When an injured employee incurs an injury for which compensation

2-20 of NRS and which was caused under circumstances entitling him, or in the

2-21 case of death his dependents, to receive proceeds under his employer’s

2-22 (a) The injured employee, or in the case of death his dependents, may

2-23 compensation the injured employee or his dependents are entitled to

2-24 receive pursuant to the provisions of chapters 616A to 616D, inclusive, of

2-25 proceeds received.

2-26 receive compensation pursuant to the provisions of chapters 616A to 616D,

2-27 inclusive, of NRS, the insurer, or in the case of claims involving the uninsured employers’ claim fund or a subsequent injury fund the

2-28 administrator, is subrogated to the rights of the injured employee or his

2-29 dependents to recover proceeds under the employer’s policy of uninsured

2-30 or underinsured vehicle coverage. The insurer and the administrator are not

2-31 policy of uninsured or underinsured vehicle coverage purchased by the

2-32 4. In any action or proceedings taken by the insurer or the

2-33 administrator pursuant to this section, evidence of the amount of

2-34 the uninsured employers’ claim fund or a subsequent injury fund have paid

2-35 is admissible. If in such action or proceedings the insurer or the

2-36 administrator recovers more than those amounts, the excess must be paid to

2-37 5. In any case where the insurer or the administrator is subrogated to

2-38 subsection 2 or 3, the insurer or the administrator has a lien upon the total

2-39 proceeds of any recovery from some person other than the employer,

2-40 or otherwise. The injured employee, or in the case of his death his

2-41 notwithstanding any act or omission of the employer or a person in the

2-42 same employ which was a direct or proximate cause of the employee’s

2-43 6. The lien provided for [under] pursuant to subsection 1 or 5 includes

2-44 employers’ claim fund or a subsequent injury fund for the injured employee

2-45 and his dependents.

7. Unless the parties have agreed otherwise, if an injured employee,

2-46 or in the case of his death his dependents, have initiated a proceeding or

2-47 claims involving the uninsured employer’s claim fund or a subsequent

2-48 injury fund the administrator, has not intervened in such proceeding or

2-49 (a) The injured employee is entitled to at least one-third, regardless of

2-50 (1) The insurer; or

2-51 (2) In the case of claims involving the uninsured employer’s claim

2-52 (b) The remainder after allocating the amount set forth in paragraph

(a) or the amount of the lien of the insurer or the administrator, whichever is less, must be paid to 2-53 the insurer or the administrator, as

2-54 applicable.

2-55 (c) If the lien of the insurer or administrator is for an amount that

2-56 received, the injured employee is also entitled to the difference between

2-57 that amount and the amount of the lien.

2-58 inconsistent with the provisions of this subsection.

8. An injured employee, or in the case of death his dependents, shall

2-59 notify the insurer, or in the case of claims involving the uninsured

2-60 employers’ claim fund or a subsequent injury fund the administrator, in

2-61 [8.] 9. Within 15 days after the date of recovery by way of actual

2-62 (a) The injured employee or his dependents, or the attorney or

2-63 representative of the injured employee or his dependents; and

2-64 shall notify the insurer, or in the case of claims involving the uninsured

2-65 recovery and pay to the insurer or the administrator, respectively, the

2-66 amount due [under] pursuant to this section together with an itemized

2-67 representative of the injured employee or his dependents and the third-party

2-68 entitled pursuant to this section if the attorney, representative or third-party

2-69 insurer has knowledge of the lien provided for in this section.

[9.] 10. An insurer shall not sell its lien to a third-party insurer unless

2-70 the injured employee or his dependents, or the attorney or representative of

2-71 information concerning the action against the third party.

2-72 [10.] 11. In any trial of an action by the injured employee, or in the

2-73 employer or a person in the same employ, the jury must receive proof of the

2-74 administrator. The court shall instruct the jury substantially as follows:

2-75 in the case of claims involving the uninsured employers’ claim fund

2-76 that a compensable industrial accident occurred, and does not

2-77 depend upon blame or fault. If the plaintiff does not obtain a

judgment in his favor in this case, he is not required to repay his employer, the insurer or the 2-78 administrator any amount paid to him or

3-1 If you decide that the plaintiff is entitled to judgment against the

3-2 instructions on damages and return your verdict in the plaintiff’s

3-3 compensation benefits paid to or for the plaintiff. The law provides

3-4 a means by which any compensation benefits will be repaid from

[11.] 12. For the purposes of calculating [an employer’s premium,] the

3-5 premium of an employer who is insured by the system, the employer’s

3-6 account with the system must be credited with an amount equal to that

3-7 system’s share of the expenses of litigation incurred in obtaining the

3-8 compensation actually paid or reserved by the system on the injured

3-9 employee’s claim.

[12.] 13. As used in this section [, "third-party insurer"] :

3-10 (a) "Damages recovered" means the amount of money actually

3-11 employ against whom a proceeding or action is initiated pursuant to

3-12 subsection 2, less the costs and any attorney’s fees incurred in obtaining

3-13 (b) "Proceeds received" means the amount of money actually received

3-14 coverage, less the costs and any attorney’s fees incurred in obtaining

3-15 such money.

(c) "Third-party insurer" means an insurer that issued to a third party

3-16 who is liable for damages pursuant to subsection 2, a policy of liability

3-17 The term includes an insurer that issued to an employer a policy of

3-18 uninsured or underinsured vehicle coverage.