Assembly Bill No. 345–Assemblymen Goldwater, Parks, Oceguera, Buckley, Manendo, Gibbons, Giunchigliani and Leslie

 

March 13, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing claims for compensation under industrial insurance for certain occupational diseases. (BDR 53‑1267)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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

 

AN ACT relating to industrial insurance; requiring a county or city that is a self-insured employer to submit a written report concerning certain claims for compensation to the administrator of the division of industrial relations of the department of business and industry; authorizing certain hearing officers or appeals officers to award treble damages to a claimant under certain circumstances; 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. Chapter 617 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  Each county or city that is a self-insured employer shall

1-4  submit to the administrator a written report concerning each claim for

1-5  compensation that is filed with the county or city for an occupational

1-6  disease of the heart or lungs or any occupational disease that is

1-7  infectious or relates to cancer. The written report must be submitted to

1-8  the administrator within 30 days after the county or city accepts or denies

1-9  the claim pursuant to NRS 617.356 and must include:

1-10    (a) A statement specifying the nature of the claim;

1-11    (b) A statement indicating whether the county or city accepted or

1-12  denied the claim and the reasons for the acceptance or denial;

1-13    (c) A statement indicating the estimated medical costs for the claim;

1-14  and

1-15    (d) Any other information required by the administrator.

1-16    2.  If a claim specified in subsection 1 is appealed or affirmed,

1-17  modified or reversed on appeal, or is closed or reopened, the county or

1-18  city shall notify the administrator of that fact in writing within 30 days

2-1  after the claim is appealed, affirmed, modified, reversed, closed or

2-2  reopened.

2-3    3.  On or before February 1 of each year, the administrator shall

2-4  prepare and make available to the general public a written report

2-5  concerning claims specified in subsection 1. The written report must

2-6  include:

2-7    (a) The information submitted to the administrator by a county or city

2-8  pursuant to this section during the immediately preceding year; and

2-9    (b) Any other information concerning those claims required by the

2-10  administrator.

2-11    Sec. 3.  A hearing officer of the hearings division of the department

2-12  of administration or an appeals officer appointed pursuant to NRS

2-13  616C.340 who conducts a hearing or appeal of a contested claim for

2-14  compensation specified in section 2 of this act may, in addition to any

2-15  other authority conferred upon him pursuant to the provisions of

2-16  chapters 616A to 617, inclusive, of NRS, award treble damages to the

2-17  claimant if the hearing officer or appeals officer finds that the county or

2-18  city denied the claim in violation of any provision of chapters 616A to

2-19  617, inclusive, of NRS or any regulation adopted by the administrator

2-20  pursuant to those provisions.

2-21    Sec. 4.  The provisions of section 2 of this act do not apply to a claim

2-22  for compensation specified in that section that is filed with a county or city

2-23  before January 1, 2001.

2-24    Sec. 5.  This act becomes effective on July 1, 2001.

 

2-25  H