Assembly Bill No. 217–Committee on Commerce and Labor

 

February 22, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Repeals certain provisions that prohibit payment of death benefit under industrial insurance to surviving spouse who remarries. (BDR 53‑1251)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to industrial insurance; repealing certain provisions that prohibit the payment of a death benefit under industrial insurance to a surviving spouse who remarries; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 616C.070 is hereby amended to read as follows:

1-2    616C.070  1.  A person is conclusively presumed to be totally

1-3  dependent upon an injured or deceased employee if the person is a natural,

1-4  posthumous or adopted child, whether legitimate or illegitimate, under the

1-5  age of 18 years, or over that age if physically or mentally incapacitated

1-6  from wage earning, and there is no surviving parent. Stepparents may be

1-7  regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as

1-8  parents if the fact of dependency is shown, and a stepchild or stepchildren

1-9  may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of

1-10  NRS as a natural child or children if the existence and fact of dependency

1-11  are shown.

1-12    2.  Except as otherwise provided in [subsection 13 of] NRS 616C.505,

1-13  questions as to who constitute dependents and the extent of their

1-14  dependency must be determined as of the date of the accident or injury to

1-15  the employee, and their right to any benefit becomes fixed at that time,

1-16  irrespective of any subsequent change in conditions, and the benefits are

1-17  directly recoverable by and payable to the dependent or dependents entitled

1-18  thereto or to their legal guardians or trustees.

1-19    3.  The presumptions of this section do not apply in favor of aliens who

1-20  are nonresidents of the United States at the time of the accident, injury to,

1-21  or death of the employee.

 

 

2-1    Sec. 2.  NRS 616C.410 is hereby amended to read as follows:

2-2    616C.410  Except as otherwise provided [by] in NRS 616C.380,

2-3  616C.495, [616C.505,] 616C.580 and 616C.595, the insurer shall not make

2-4  or allow any lump-sum settlements.

2-5    Sec. 3.  NRS 616C.505 is hereby amended to read as follows:

2-6    616C.505  If an injury by accident arising out of and in the course of

2-7  employment causes the death of an employee in the employ of an

2-8  employer, within the provisions of chapters 616A to 616D, inclusive, of

2-9  NRS, the compensation is known as a death benefit, and is payable as

2-10  follows:

2-11    1.  In addition to any other compensation payable pursuant to chapters

2-12  616A to 616D, inclusive, of NRS, burial expenses are payable in an

2-13  amount not to exceed $5,000. [When] If the remains of the deceased

2-14  employee and the person accompanying the remains are to be transported

2-15  to a mortuary , [or mortuaries,] the charge of transportation must be borne

2-16  by the insurer.

2-17    2.  To the surviving spouse of the deceased employee, 66 2/3 percent of

2-18  the average monthly wage is payable until his death . [or remarriage, with 2

2-19  years’ compensation payable in one lump sum upon remarriage.]

2-20    3.  In the event of the subsequent death of the surviving spouse:

2-21    (a) Each surviving child of the deceased employee must share equally

2-22  the compensation theretofore paid to the surviving spouse but not in excess

2-23  thereof, and it is payable until the youngest child reaches the age of 18

2-24  years.

2-25    (b) Except as otherwise provided in subsection [11,] 10, if the children

2-26  have a guardian, the compensation they are entitled to receive may be paid

2-27  to the guardian.

2-28    4.  [Upon the remarriage of a surviving spouse with children:

2-29    (a) The surviving spouse must be paid 2 years’ compensation in one

2-30  lump sum and further benefits must cease; and

2-31    (b) Each child must be paid 15 percent of the average monthly wage, up

2-32  to a maximum family benefit of 66 2/3 percent of the average monthly

2-33  wage.

2-34    5.] If there are any surviving children of the deceased employee under

2-35  the age of 18 years, but no surviving spouse, then each such child is

2-36  entitled to his proportionate share of 66 2/3 percent of the average monthly

2-37  wage for his support.

2-38    [6.] 5.  Except as otherwise provided in subsection [7,] 6, if there is no

2-39  surviving spouse or child under the age of 18 years, there must be paid:

2-40    (a) To a parent, if wholly dependent for support upon the deceased

2-41  employee at the time of the injury causing his death, 33 1/3 percent of the

2-42  average monthly wage.

2-43    (b) To both parents, if wholly dependent for support upon the deceased

2-44  employee at the time of the injury causing his death, 66 2/3 percent of the

2-45  average monthly wage.

2-46    (c) To each brother or sister until he or she reaches the age of 18 years,

2-47  if wholly dependent for support upon the deceased employee at the time of

2-48  the injury causing his death, his proportionate share of 66 2/3 percent of the

2-49  average monthly wage.

3-1    [7.] 6.  The aggregate compensation payable pursuant to subsection [6]

3-2  5 must not exceed 66 2/3 percent of the average monthly wage.

3-3    [8.] 7.  In all other cases involving a question of total or partial

3-4  dependency:

3-5    (a) The extent of the dependency must be determined in accordance

3-6  with the facts existing at the time of the injury.

3-7    (b) If the deceased employee leaves dependents only partially

3-8  dependent upon his earnings for support at the time of the injury causing

3-9  his death, the monthly compensation to be paid must be equal to the same

3-10  proportion of the monthly payments for the benefit of persons totally

3-11  dependent as the amount contributed by the deceased employee to the

3-12  partial dependents bears to the average monthly wage of the deceased

3-13  employee at the time of the injury resulting in his death.

3-14    (c) The duration of compensation to partial dependents must be fixed in

3-15  accordance with the facts shown, but may not exceed compensation for 100

3-16  months.

3-17    [9.] 8.  Compensation payable to a surviving spouse is for the use and

3-18  benefit of the surviving spouse and the dependent children, and the insurer

3-19  may, from time to time, apportion such compensation between them in

3-20  such a way as it deems best for the interest of all dependents.

3-21    [10.] 9.  In the event of the death of any dependent specified in this

3-22  section before the expiration of the time during which compensation is

3-23  payable to him, funeral expenses are payable in an amount not to exceed

3-24  $5,000.

3-25    [11.] 10.  If a dependent is entitled to receive a death benefit pursuant

3-26  to this section and is less than 18 years of age or incompetent, the legal

3-27  representative of the dependent shall petition for a guardian to be appointed

3-28  for that dependent pursuant to NRS 159.044. An insurer shall not pay any

3-29  compensation in excess of $3,000, other than burial expenses, to the

3-30  dependent until a guardian is appointed and legally qualified. Upon receipt

3-31  of a certified letter of guardianship, the insurer shall make all payments

3-32  required by this section to the guardian of the dependent until the

3-33  dependent is emancipated, the guardianship terminates or the dependent

3-34  reaches the age of 18 years, whichever occurs first, unless paragraph (a) of

3-35  subsection [12 is applicable.] 11 applies. The fees and costs related to the

3-36  guardianship must be paid from the estate of the dependent. A guardianship

3-37  established pursuant to this subsection must be administered in accordance

3-38  with chapter 159 of NRS, except that after the first annual review required

3-39  pursuant to NRS 159.176, a court may elect not to review the guardianship

3-40  annually. The court shall review the guardianship at least once every 3

3-41  years. As used in this subsection, “incompetent” has the meaning ascribed

3-42  to it in NRS 159.019.

3-43    [12.] 11.  Except as otherwise provided in paragraphs (a) and (b), the

3-44  entitlement of any child to receive his proportionate share of compensation

3-45  pursuant to this section ceases when he dies, marries or reaches the age of

3-46  18 years. A child is entitled to continue to receive compensation pursuant

3-47  to this section if he is:

3-48    (a) Over 18 years of age and incapable of supporting himself, until such

3-49  time as he becomes capable of supporting himself; or

4-1    (b) Over 18 years of age and enrolled as a full-time student in an

4-2  accredited vocational or educational institution, until he reaches the age of

4-3  22 years.

4-4    [13.] 12.  As used in this section, “surviving spouse” means a

4-5  surviving husband or wife who was married to the employee at the time of

4-6  the employee’s death.

4-7    Sec. 4.  NRS 617.460 is hereby amended to read as follows:

4-8    617.460  1.  Except as otherwise provided in NRS 617.366, silicosis

4-9  and diseases related to asbestos are occupational diseases and are

4-10  compensable as such when contracted by an employee and when arising

4-11  out of and in the course of the employment.

4-12    2.  Claims for compensation on account of silicosis or a disease related

4-13  to asbestos are forever barred unless application is made to the insurer

4-14  within 1 year after the date of disability or death and within 1 year after the

4-15  claimant knew or should have known of the relationship between the

4-16  disease and the employment.

4-17    3.  [Nothing in] The provisions of this chapter [entitles] do not entitle

4-18  an employee or his dependents to compensation, medical, hospital and

4-19  nursing expenses or payment of funeral expenses for disability or death

4-20  because of silicosis or a disease related to asbestos in the event of the

4-21  failure or omission on the part of the employee truthfully to state, when

4-22  seeking employment, the place, duration and nature of previous

4-23  employment in answer to an inquiry made by the employer.

4-24    4.  No compensation may be paid in case of silicosis or a disease

4-25  related to asbestos unless the injured employee has been exposed to

4-26  harmful quantities of silicon dioxide dust or fibers of asbestos for not less

4-27  than 1 year in employment in this state covered by this chapter and

4-28  chapters 616A to 616D, inclusive, of NRS.

4-29    5.  Compensation on account of silicosis or a disease related to asbestos

4-30  is payable only in the event of a temporary or permanent disability, or

4-31  death, in accordance with the provisions of chapters 616A to 616D,

4-32  inclusive, of NRS. [Except as otherwise provided in NRS 616C.505, the]

4-33  The insurer shall not allow the conversion of the compensation benefits

4-34  provided for in this section into the payment of a lump sum. Payment of

4-35  benefits and compensation is limited to the claimant and his dependents.

4-36    6.  Any claimant who has been disabled by silicosis or a disease related

4-37  to asbestos before July 1, 1973, or his dependents, upon receiving the

4-38  maximum sum payable, $14,250, to which they are entitled, are not entitled

4-39  to compensation from the insurer, but are entitled to continue to receive the

4-40  same amount of compensation from the account for pensions for silicosis,

4-41  diseases related to asbestos and other disabilities.

4-42    Sec. 5.  This act becomes effective on July 1, 2001.

 

4-43  H