Assembly Bill No. 206–Assemblymen Pierce, Manendo, Giunchigliani, Chowning, Leslie, Arberry, Atkinson, Buckley, Claborn, Conklin, Goldwater, Hardy, Horne, Koivisto, Mabey, McClain, McCleary, Oceguera, Ohrenschall, Parks, Sherer and Weber

 

February 27, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions relating to repayment of compensation received in lump sum for permanent partial disability. (BDR 53‑1103)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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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; authorizing the repayment of compensation received in a lump sum for a permanent partial disability in a single payment 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. NRS 616C.440 is hereby amended to read as

1-2  follows:

1-3  616C.440  1.  Except as otherwise provided in this section and

1-4  NRS 616C.175, every employee in the employ of an employer,

1-5  within the provisions of chapters 616A to 616D, inclusive, of NRS,

1-6  who is injured by accident arising out of and in the course of

1-7  employment, or his dependents as defined in chapters 616A to

1-8  616D, inclusive, of NRS, is entitled to receive the following

1-9  compensation for permanent total disability:

2-1  (a) In cases of total disability adjudged to be permanent,

2-2  compensation per month of 66 2/3 percent of the average monthly

2-3  wage.

2-4  (b) If there is a previous disability, as the loss of one eye, one

2-5  hand, one foot or any other previous permanent disability, the

2-6  percentage of disability for a subsequent injury must be determined

2-7  by computing the percentage of the entire disability and deducting

2-8  therefrom the percentage of the previous disability as it existed at

2-9  the time of the subsequent injury, but such a deduction for a

2-10  previous award for permanent partial disability must be made in a

2-11  reasonable manner and must not be more than the total amount

2-12  which was paid for the previous award for permanent partial

2-13  disability.

2-14      (c) If the character of the injury is such as to render the

2-15  employee so physically helpless as to require the service of a

2-16  constant attendant, an additional allowance may be made so long as

2-17  such requirements continue, but the allowance may not be made

2-18  while the employee is receiving benefits for care in a hospital or

2-19  facility for intermediate care pursuant to the provisions of

2-20  NRS 616C.265.

2-21      2.  Except as otherwise provided in NRS 616B.028 and

2-22  616B.029, an injured employee or his dependents are not entitled to

2-23  accrue or be paid any benefits for a permanent total disability during

2-24  the time the injured employee is incarcerated. The injured employee

2-25  or his dependents are entitled to receive [such] those benefits when

2-26  the injured employee is released from incarceration if he is certified

2-27  as permanently totally disabled by a physician or chiropractor.

2-28      3.  An employee is entitled to receive compensation for a

2-29  permanent total disability only so long as the permanent total

2-30  disability continues to exist. The insurer has the burden of proving

2-31  that the permanent total disability no longer exists.

2-32      4.  If an employee who has received compensation in a lump

2-33  sum for a permanent partial disability pursuant to NRS 616C.495 is

2-34  subsequently determined to be permanently and totally disabled, the

2-35  amount of the lump sum must be recovered from the employee in a

2-36  single payment or by a reduction of the compensation for the

2-37  permanent total disability [must be reduced] as follows:

2-38      (a) If the employee has not received a minimum lump sum,

2-39  the insurer of the employee’s employer shall deduct from the

2-40  compensation for the permanent total disability an amount equal to

2-41  the monthly installment rate for awards for permanent partial

2-42  disability until the insurer has deducted an amount that equals the

2-43  amount it has already paid out as a lump sum; or

2-44      (b) If the employee received a minimum lump sum, the insurer

2-45  of the employee’s employer shall [deduct] :

3-1       (1) Deduct from the compensation for the permanent total

3-2  disability an amount of not more than 10 percent of the rate of

3-3  compensation for a permanent total disability until the lump sum is

3-4  recovered[.] ; or

3-5       (2) Upon the request of the employee, accept in a single

3-6  payment from the employee an amount that equals the amount of

3-7  the lump sum which has not been deducted pursuant to

3-8  subparagraph (1).

3-9  The provisions of this subsection are retroactive for all claims for

3-10  compensation for a permanent total disability remaining open on

3-11  January 1, 2000[.] , and all claims for which deductions are made

3-12  on or after July 1, 2003, pursuant to subparagraph (1) of

3-13  paragraph (b).

3-14      Sec. 2.  This act becomes effective on July 1, 2003.

 

3-15  H